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February 2016 Archives

Is relocating possible for a custodial parent in Georgia?

Sometimes, after a divorce or the breakup of unmarried parents, circumstances dictate that a parent with physical custody of the children move out of Georgia. On this blog, we have previously discussed the types of legal and residential custody that can be awarded to parents, and the fact that modifying such an order requires there to be a change in circumstances. But, is relocation enough of a change to cause a parent to lose custody?

What is willful underemployment in a Georgia child support case?

About a month ago, we discussed the ability of a Georgia family court to 'impute' a certain amount of income to a party who does not produce reliable evidence of income in a proceeding to determine child support. You may recall that, normally, in a proceeding for initial establishment of child support, that amount would be equal to a 40-hour work week at minimum wage. We did mention at that time, however, that in certain circumstances, an imputation to a different amount of income may be warranted.

What is a 'voluntary paternity acknowledgement' in Georgia?

We've previously touched on some of the processes for adoption, as well as the concept of "legitimation" in this space. To refresh, legitimation is the process by which the putative father of the child acknowledges his parental relationship and thus acquires certain legal rights and responsibilities. This is distinct from biological paternity in Georgia, which can be established by DNA testing and may bind the father to child support payments, but not grant other rights. Children born during a marriage are considered the children of the married couple, but the fathers of children born out of wedlock need to legitimate their children if they want parental rights.

Can you get a divorce if you don't know where your spouse is?

The U.S. legal system has many arcane-sounding terms that, if they are boiled down to their basic meaning, aren't a complicated as they first seem. One example of this is the concept of "service." All service really means is letting the other party know, in some official manner, that there is a lawsuit being filed, where it has been filed and what is being claimed. In most civil cases, like the beginning of a divorce, the petition and some other required paperwork is "served," or given, to the other party by a sheriff or private process serving company. But, what happens in Georgia if you don't know where your spouse is?

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