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Carrollton Family Law Blog

Methods of establishing paternity

Paternity is an important legal concept in the realm of family law. While it is a straightforward process to determine a child's mother based on the child's birth, determining their father can be a less obvious endeavor. In Georgia there are different ways that a man may be proven to be the father of a child and establish his paternity over that child.

If a man is married to a woman when she becomes pregnant with a child, or if a man marries a pregnant woman before she gives birth, under the law the man may be presumed to be the child's father. However, if a man is not married to a woman, he may need to find a different manner of establishing paternity over his child.

Legal advocates for fair property and debt division outcomes

Dividing up martial property pursuant to a Georgia divorce can be a difficult process. Individuals may struggle to say goodbye to items they own with their soon-to-be exes due to sentimental connections or because of anger over losing out at benefiting from those items.

While in some cases couples are able to work out their own property settlements without the interventions of the courts, in other situations judges must make the tough decisions over how items of property are assigned to the parties to ending marriages.

Can parents change a child custody plan?

Child custody orders and agreements are intended to serve the best interests of the children who are subject to their terms. While in some cases Georgia parents may be able to create sound parenting plans that withstand the test of time and meet their children's needs long into the future, in other cases child custody agreements and orders may become unworkable due to changes in circumstance experienced by the parties.

A change in the lifestyle of a parent may necessitate a child custody modification. If, for example, a parent is required to move away from their home for their job and doing so will limit the amount of time that they can spend with their child, their custody plan may need to be modified to ensure that they have a continuing relationship with their kid.

Parallel parenting is a good option after high conflict divorce

Shared parenting with your ex can be a stressful prospect, especially after a high conflict divorce. If there is lingering hostility and the two of you are not on speaking terms, parallel parenting might be a good solution. Parallel parenting is shared parenting with no direct communication between the two parents–all communication is done indirectly.

Since there is no direct communication, it’s a way to put the needs of your kids first by shielding them–and yourself–from potential conflict and animosity. Parallel parenting allows parents to disengage from each other and break the patterns of ineffective communication that may have carried over from the marriage.

Why paternity can be important in a family law case

Becoming a parent is a huge transition for any Carrollton resident. Even when an individual finds out about their pending pregnancy early on in the process and does everything that they can to ready their home and self for the arrival of their baby, they can never fully know what will be in store once they deliver.

Finding out that one is a parent near a baby's delivery or even after a child is born can be a shocking and even difficult development in a man's life.

How do I modify a child support order?

In Georgia, a parent may be required to pay child support to their children if they are not the primary caretakers of those youths. Child support in Georgia is established by statute and, generally, parents pay a portion of their income to their kids when they are subject to child support orders. If children have specific needs, a parent may be asked to pay more than what is established by statute to ensure that their children's requirements are met.

However, the unfortunate circumstance of a parent not paying their mandatory child support occurs with frequency in Georgia and throughout the rest of the nation. While a parent who chooses to avoid their payments because they do not want to make them may be pursued through child support enforcement efforts, a parent who does not pay because they cannot may have other options.

Some common divorce mistakes to avoid

People in Georgia probably know intuitively that divorce is a stressful time for all involved. Since people are not always thinking straight during this difficult time, it is fairly common for them to make important financial mistakes during a divorce that can also, in some cases, have legal implications as well.

For example, the first thing someone might think to do after a split is go and buy a bunch of new stuff or take a splurge on a vacation or some other fun activity they have been wanting to do. While this may be understandable, it is important to remember that it will not improve one's financial situation.

Now is the time for domestic violence victims to take a stand

As some people in Carrolton and on the west side of the Atlanta area may know, October is Domestic Violence Awareness Month and has been for over three decades. According to the National Council Against Domestic Violence, this month is a great time for women, and men for that matter, who are victims of domestic abuse, as well as their loved ones, to Take A Stand against this destructive behavior.

One of the ways a person can take a stand against domestic violence, if they are in an abusive situation themselves, is to get out of the relationship and so in such a way that the violence is unlikely to recur. This is not always easy. Not only are there a lot of emotions involved, leaving an abusive relationship can also mean losing a lot financially and legally.

Can mediation work for you in your divorce?

One thing about divorce, it can be an emotional and stressful process. One way you can side-step some of the weight of pain you feel during a divorce is going through mediation. Mediation is a process where a third-party will come in and facilitate the discussions to reach a mutual separation agreement. Mediation is valuable in coming up with solutions such as spousal support and child custody. Using mediation is an alternative to going through divorce court. Once both parties have come to an agreement on terms, it can make the final steps of the divorce much easier.

Using a mediator means you will have a person assisting in your divorce who is an objective party. It is a forum where you work to clear up any pending issues and work out any lingering disagreements. A mediator is there to give opinions and offer suggestions in hopes of finding a solution. The mediator is not there to force any type of agreement for the parties.

Overview of how property division works in Georgia

Like most of the other states, Georgia is what is called an equitable division state when it comes to splitting property, and debts, between spouses who are divorcing or going through a formal separation process.

What this means is that, unless the couple agrees to a fair property division, a Georgia judge is going to first determine what assets, and debts, are part of the marital estate. Generally speaking, if a couple has been married any length of time, most of their property is going to be considered part of the marital estate.

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