FAQs for divorce gavel image

Many times during and after a divorce proceeding, a parent start dating again. This can be tricky for many parents who are concerned with how dating may impact their children and any potential Georgia child custody laws including divorce. Whether it is during a divorce or child custody battle, there are some issues that could impact your current or future case.

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There are many different types of custody actions involving children. They range from divorces with children, to modifications of visitation or custody, to a Legitimation, where the child or children are born to parents who have never married. Many of these Georgia child custody cases involve children who are young and whose lives will change dramatically over time before they reach the age of majority (typically 18). Parents who are involved in custody actions, often prefer to govern the major changes that can occur during a child’s life, by incorporating provisions into their settlement agreement and parenting plan. In other instances, the parties may opt for a graduated schedule that changes parenting time or custody as the children age. These are called self-executing changes of custody, but the courts in the State of Georgia typically do not approve them. According to Dekalb County Judge, JP Boulee, “exclusive jurisdiction or authority” is set to determine child custody and this authority cannot be removed from the court.

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Almost all Family Law litigations deal with strong emotions and personal loss. However, a recent Georgia child custody case of mine had crossed the line from emotional loss, to true tragedy. In any case such as this, the attorneys, the court workers, and the Judges have a very difficult task of determining what is best for a young child in the wake of tragedy. With our clear understanding of child custody laws in GA, this emotion-filled case had many layers of intricacies and details.

With this case there is really only one issue to resolve: who should have custody of a girl less than two years old. While many cases we deal with determine who should have custody of a young child, what makes this case unique is that neither of the child’s parents were able to care for this child. The unfortunate reasoning is because one of this girl’s parents was murdered, and the other parent likely being the murderer. With one parent deceased and one parent in jail awaiting trial, the options for who could care for this child were either a foster home or a family member.

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