Family Law
Divorce is not the only area of Family law. Other issues of family law include:
- Child Custody
- Modification of Child Support, both increases or decreases.
- Modification of Alimony, both increases or decreases.
- One party not paying Child Support or alimony
- Legitimization and Paternity Rights
- Adoption
- Grandparent Rights
- Prenuptial and Post-nuptial Agreements
- Domestic Violence Issues
Modification of Child Custody or Support
You may be able to modify visitation and custody arrangements if there has been a change of circumstances and it is in the best interest of the children. An experienced family lawyer can guide you through this assessment and help you determine whether or not you have sufficient grounds for modification.
Child Support can also be modified is there has been a change in the financial circumstances of either party. A change may come from a change in or lose of a job, an increase or decrease in income, the birth or adoption of a new child, or a move which requires more travel to visit.
Defense of a Petition for Modification
As discussed above a parent can ask the Court to modify either Child Support , Custody or Visitation. If you have been served with a Petition to modify any of these issues without question you need legal help.
What if one party is not paying support as ordered?
Courts take the payment of child support very seriously. A child support order is just that; and ORDER.a party is not allowed to stop paying or pay less without a new order from the Court. I you find yourself in this situation you are able to a ask the Court to hold the other party in contempt to force them to abide by the Order.
Legitimization and Paternity Rights
If you want to establish your legal relationship with your child, you will need to file a Legitimation action with the courts. Having your name on the birth certificate is evidence of parentage but is not enough to establish your parental rights. To get visitation rights the father must file a Petition for Custody and/or Visitation and the mother would have to file a Petition for Child Support. If an the Mother refuses to consent to Legitimation, the court must determine paternity.
When a mother files for a Petition for Determination of Paternity, the court will use DNA testing to identify the father if the Mother does not consent to the father’s paternity. Then the court will determine the father’s responsibility for paying child support but not his rights to visitation and custody. To establish those, a Father will have to file a counterclaim to her petition asking for the court to determine those legal rights.
Whether you are a father establishing his legal rights or a mother establishing the father’s legal responsibilities, it is important that you speak with a lawyer to find out how to protect your child and avoid waiving your rights.
Adoption
Adoption is a rewarding but very complicated process. There is a great deal of paperwork and requirements that must be correctly completed in order to legally adopt a child in Georgia. Completing an adoption without the assistance of an experienced Attorney is virtually impossible. ClarksLaw LLC can assist you with any kind of adoption: private adoptions, stepparent adoptions, contested adoptions, adult adoptions, grandparent adoptions, adoptions by relatives, and termination of parental rights cases. We can also assist you in changing the child's last name, re-issuance of birth certificate and social security cards at the completion of the adoption.
Grandparents Rights
Domestic Violence Issues
Domestic Violence Issues
You have the right to be a part of your grandchild’s life. Georgia recognizes that the relationship with a grandparent is important to a child and gives grandparents the right to seek visitation when it is otherwise unavailable to them.
Grandparents’ rights cases are very complicated and require a great deal of knowledge and experience. To get the rights you deserve we recommend that you come see us. We have the knowledge and experience to help you understand your options for successfully getting grandparent visitation or custody rights.
Domestic Violence Issues
Domestic Violence Issues
Domestic Violence Issues
Whether you are in need of protection or must defend an accusation, domestic violence is a very serious issue. Many situations like this lead to what most refer to as a “restraining order.” The Court will refer to it as a Temporary Protective Order or “TPO”.
To protect yourself if you need a TPO or need to defend yourself against such allegations you need an attorney who is compassionate and understanding of your needs and aggressive in both your and potentially your child's defense.
Prenups and Postnups
Domestic Violence Issues
Prenups and Postnups
Marriage is an important step and in some cases should include a written contract created by two people before they are married. A prenup (if done before marriage and a postnup if done after), typically lists all of the property each person owns (as well as any debts) and specifies what each person's property rights will be after the marriage.
If you need such an agreement or you are looking to void or get out of such an agreement, ClarksLaw LLC is here to help.