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Archive for the ‘Child Custody GA’ Category

Jackson County Divorce Attorneys | Divorce Lawyers Jackson County Georgia

Monday, August 9th, 2010

Divorce Attorneys Practicing in Jackson County GA | Kitchens, New & Cleghorn, LLC

Divorce is an area of Georgia Family Law that requires a nuanced approach by an experienced family law attorney. At Kitchens, New & Cleghorn, LLC, our divorce attorneys have helped clients in the Jackson County area with the difficult process of divorce and all family law issues related to it. Our Georgia  law practice works on the conviction that family law issues such as divorces should be resolved quickly, amicably and efficiently, with a goal towards resolving matters through negotiation and mediation and lastly, forceful litigation if all else fails.

The Jackson County Divorce Attorneys at Kitchens, New & Cleghorn, LLC, GA give you the level of dedicated and respectful service that comes out of a practice built upon the values of public service and being a part of your community. Our Jackson County divorce attorneys understand the emotional trauma divorces in the family can cause. Our lawyers recognize that during separation emotions usually run high, and try to work with them, taking into account the goals and wishes of each individual client.

When you come to us during a divorce, you have decisions that must be made and questions that must be answered. You may wonder what type of GA child custody arrangements will be made with your children, or how much child support you will pay, or will receive. Our divorce lawyers are intimately familiar with the Jackson County family law courts, and will help you identify the unique aspects of your case and help you get what you are looking for.

A cooperative approach is generally the best way to resolve a divorce case, especially when child custody and child support matters are involved. Mediation moves a couple away from a delicate and awkward setting and into an environment where both the spouses can work together to resolve the issues. This not only saves relationships, but also saves money and time. At Kitchens, New & Cleghorn, our divorce lawyers will provide you with the impartiality you need to find legal resolution and personal closure.

As circumstances in life change, modifications in support and custody may be needed. Whether it involves a new job, new marriage, or a move to another state, we will assist in resolving the issue as quickly as possible through either mediation or litigation.

Contact our Jackson County divorce lawyers today and file your divorce with confidence. If you wish to speak with one of our attorneys, either fill out the brief form to your left, or feel free to give us a call.

Visitation Rights of Grandparents in Georgia

Wednesday, February 3rd, 2010

In recent years the issue of a grandparent’s right to seek visitation has been a controversial and propagating phenomenon.  Prior to former president Clinton’s signature of the Visitation Rights Enforcement Act in 1998, grandparents were awarded visitation rights only within the state they resided.  If the custodial parent were to move to another state the grandparent would be faced with additional litigation to exercise their rights of visitation in the child’s new state of residency.   The passing of the Visitation Rights Enforcement Act enabled grandparents the right of visitation without regard to which state the child resided.

Although the act grants visitation rights to third parties no matter the child’s location within the United States, states interpret the act differently leaving grandparents without guarantee of their ongoing access to a grandchild.  To seek child custody or visitation rights in Georgia, grandparents can file an Original Action for Visitation or become involved in an existing case for custody, divorce, adoption, or termination of parental rights.

However, it is important to note that in the landmark U.S. Supreme Court case of Troxel v. Granville in 2000 the court ruled that a fit parent will be awarded the exclusive legal right to determine who visits their children.  In Georgia, the Supreme Courts have ruled that requiring grandparent visitation may violate a parents’ right to raise a family without interference.

The visitations right of grandparents and third parties remains hotly debated and presents difficult and complex legalities.   We advise speaking with one of our Atlanta family law attorneys if you are experiencing a visitation or custody issue. Our attorneys can advise you of your rights and responsibilities, and help you determine the best course of action for you and your family. We look forward to working with you.

The Relocation of Children After a Georgia Divorce

Saturday, June 27th, 2009

In our society where people tend to move several times during their lifetime, it is not uncommon for parents to want to relocate after a divorce. The relocation of children after a Georgia divorce can be a hotly contested issue. If a custodial parent is permitted to relocate with their children, the non-custodial parent may not be able to see their children as often. On the other hand, if a custodial parent is prohibited from relocating with their children, they may be missing out on a better job opportunity or the ability to be closer to other family members.

Issues regarding the relocation of children after a divorce usually come before a court in the form of a change of custody action. In the 2003 Georgia Supreme Court case of Bodne v. Bodne, the court stated that a custodial parent who decides to relocate does not have a prima facie right to retain custody. 277 Ga. 445 (2003). On the other hand, there is also no presumption that the relocating parent will lose custody. Rather, the court, as always, is guided primarily by the standard of what is in “the best interest of the child.”

Ideally, if one party to a divorce wants to move, the parents will be able to come together to reach an agreement they can both live with. This can help minimize resentment and hostility. If the parties leave it up to the court to decide the child custody issue, the court will make the determination on a case by case basis focusing on a number of important factors including but not limited to the child’s relationship with the non-custodial parent, the child’s ties to the community, the child’s age, the parent’s reason for relocating and anything else the court finds relevant.

In sum, when determining whether or not a parent will be permitted to relocate with their child after a divorce, the ultimate standard will be what the court finds to be “in the best interest of the children.” With so many variables involved in this determination, we highly recommend you speak with one of our experienced Atlanta divorce lawyers to help make sure that your rights, and the rights of your children, are well-protected during your relocation proceeding.