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What are some common arrangements for child visitation in Georgia?

By Buckhead Family Law |

Parenting time differs in every single case based on the needs and circumstances in the best interest of the children. It can range from what’s called a joint physical custody, where the children spend about equal time with each parent. Even in those situations, what that calendar looks like can vary from one week… Read More »

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If child support is not paid, must visitation be allowed in Georgia?

By Buckhead Family Law |

Yes, when one parent is delinquent in making child support payments, they are still entitled to their rights of parenting time. The proper remedy if a parent is not paying child support is to seek a contempt through the court, but a parent should not withhold visitation under these circumstances.

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I share custody with my ex-wife, but she is an unfit parent. What should I do?

By Buckhead Family Law |

Parenting plans in Georgia can be modified anytime there’s a material change of circumstances that are affecting the best interest in the welfare of the child. So, if there’s problems with the former spouse or questions of fitness, those should be addressed with an attorney to govern the next best course of action in… Read More »

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How is the amount of child support determined in Georgia?

By Buckhead Family Law |

In Georgia, child support is determined by what we call a child support calculator that is established by the Georgia legislature. It considers the income of both parties and then other special needs of the children including health insurance, extraordinary medical expenses, educational expenses and extracurricular activities.

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How does joint custody work in Georgia?

By Buckhead Family Law |

In Georgia, when parents share joint legal custody, they have a duty to consult and confer with one another before important decisions regarding the children are made. When parents share joint physical custody, that typically means children spend about equal time with each parent, although the parents can share physical time with the children… Read More »

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Do the wishes of a child have any influence in custody decisions in Georgia?

By Buckhead Family Law |

In Georgia, the courts will take into consideration the child’s wishes regarding custody, starting out of age 11. Between the ages of 11 and 14, the court will consider those wishes, but it’s not presumptive. At age 14, a child can make what’s called an affidavit of election regarding which parent they want to… Read More »

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Can custody rights be modified in Georgia?

By Buckhead Family Law |

Yes. Following a divorce, custody rights can be modified in Georgia. Custody is based on the best interest of the child, which of course can change as the children grow older. Upon a showing of a material change of circumstance since the date of the divorce that’s impacting the child, either parent can petition… Read More »

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Can a Georgia court order drug testing of the parents when determining custody?

By Buckhead Family Law |

Yes. In Georgia, the courts can order drug testing of either or both parents in determining custody. Because custody is determined by the best interest of the children, when faced with allegations of past or current drug use, the court can order the drug testing to alleviate this concern or to address what needs… Read More »

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At what age can my children decide where they want to live?

By Buckhead Family Law |

In Georgia starting at age 11, the court will consider the opinion of a child in determining which parent they want to live with following a divorce. However, that opinion isn’t considered to be presumptive until your child reaches the age of 14. At 14, your child can make an election, and absent is… Read More »

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Are Georgia courts more likely to award custody to mothers than to fathers?

By Buckhead Family Law |

No. The Georgia courts do not recognize a presumption in favor of either the mother or father. Rather, custody is determined on the best interest of the child at the time of the divorce or dissolution. There’s a lot of factors that go into the best interest of the child, which is why it’s… Read More »

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