The Advantages of Using a Local Family Lawyer

If you were not married to your child's mother when your child was born, then Georgia law does not give you automatic parental authority. Establishing paternity is the start to getting all your rights, and a legitimation lawyer can walk you through the process and make sure your rights aren't just established but also protected. Paternity and Why You Need a Legitimation Lawyer If you and your child's mother were not married to each other when the child was born, the law treats the child as born out of wedlock. Sharing a home and paying household bills do not change that default, and until you finish the process, the mother can exercise sole parental power over the child. If the two of you should ever fall out, you could lose all your right to be involved in your child's life. Signing the birth certificate does not make you the official legal father, and you don't have a right to veto a move, choose your child's school, or even have a voice in medical decisions without something more. Even a DNA result that identifies you as the biological father does not, by itself, create custody or parenting time. How to Prove Your Status You have two routes to prove your place as your child's father. The first is marriage to the mother after the birth, together with your recognition of the child as your own. The second route, and the one most unmarried fathers must take, is to formally petition a judge to declare the parent/child relationship legitimate. Filing Your Petition You'll need to file your petition in the superior court of the county where the mother lives (or where another person who holds legal custody or guardianship lives if the mother doesn't have custody). If the mother or guardian lives outside Georgia or cannot be found after a diligent search, you can file in the county where you live or where the child lives. You name the mother as a party and set out the child's name, age, and sex. In the same filing you can ask for a name change, parenting time, visitation, or custody, as well. The judge is not required to grant those extra requests simply because you included them, but they're worth adding for efficiency in certain cases. Your lawyer can tell you more. The mother must receive formal notice of the petition, and she has the right to appear and contest the case. If anyone disputes the biological connection, the court may order genetic testing of you, the mother, and the child. A finding that you are the biological father doesn't end things, though, as you need the judge to decide that it serves the child's best interests for you to be declared the legal father. If you're a father looking to have your parental rights established, we can help. Reach out to South Atlanta Family Law Firm now to request a consultation. We're South Atlanta's most trusted family lawyers and serve clients throughout McDonough, Stockbridge, and the surrounding areas.

If your child's other parent is ignoring the terms of your child custody order, you can pursue a child custody contempt charge to enforce the schedule and protect your rights under Georgia law. You can't take the matter into your own hands by denying the other parent parenting time or breaking the rules yourself, though. Always talk to a lawyer as soon as you can. Child Custody Contempt Your child custody order is binding, so when the other parent treats the terms like suggestions, the court has some ways to enforce the order. The first step for you will be keeping careful records and notes because the other parent is highly likely to deny violating the order or deny that the issue is systemic. If the court thinks the other parent was just late bringing the child home once or twice in the last six months, it is unlikely to do much: when you can prove the other parent was significantly late 25 times in the last six months, the court will take it more seriously. Write down the date, the exact time the child was supposed to be returned or picked up, what actually occurred, any messages you exchanged with the other parent, and how the change affected your child's routine or school day. Keep screenshots, emails, and calendar notes in one place so a judge has something concrete to review. Talk With a Lawyer If the other parent continues to withhold time, show up late without notice, or make unilateral choices about school or medical care without getting your input, you should talk to a lawyer about the right next step. In some cases, that step could be as simple as having a lawyer write a polite note requesting the parent follow the order. Sometimes knowing you've gotten legal counsel will be enough to move the other parent. If not, your lawyer will help you: File a Motion for Enforcement This motion should be filed in the same court that entered the original custody order, and your motion must identify the specific provisions that were broken and attach a copy of the order itself. A willful refusal to follow a clear custody or parenting-time order gets treated as contempt here in Florida. To decide if that's happened, the court looks for three elements: There was a valid order in place The other parent had knowledge of that order There was intentional noncompliance Ways the Court Can Enforce an Order The most common first step is for the court to order makeup parenting time for you. The court can also order the noncompliant parent to pay your attorney fees and court costs. In more serious or repeated cases, there may be a fine or even a short period of incarceration until the parent complies. If the other parent continually defies the custody order, the conduct can cross over into a criminal offense, and there may be larger fines and even imprisonment. If the other parent's violations of your custody order are disrupting your child's life, contact South Atlanta Family Law today for help. We serve families in Stockbridge, McDonough, and Henry County with over 50 years of combined family law experience.

When your employment situation changes unexpectedly, it usually means changes to finances that require taking a fresh look at what you're paying for child support. There are child support modification options, and it's important to have a lawyer to help you petition the court to make a change. Child Support Modification After a Job Change Georgia courts generally allow for adjustments in these cases when there's been a material alteration in income or financial status since the prior order was entered. This applies whether the change increases or decreases what you can reasonably contribute. The key to getting the change is proving that it's ongoing and significant. Georgia determines the appropriate amount of child support by looking at both parents' gross incomes, with each being assigned a proportional share of the basic obligation for the number of children involved. A job change could make a big difference in the income numbers used in this formula. How to Get Your Change Ordered Before you move forward, you'll need to collect solid documentation to prove that the change has happened. At a minimum, you'll need pay statements or tax forms from before and after the job transition, any separation or termination paperwork you've gotten from your employer, records of unemployment benefits (if applicable), and details on your current job search or new employment terms. If your job change has to do with a medical need, such as if you were injured at work or have developed a health condition that prevents you from working your old job, medical records will also be needed. Your lawyer will help you gather all the important things you need to strengthen your position and show that this is the sort of substantial change the law allows for. Working With Your Lawyer The route you take will depend on your situation. If the state child support agency is currently enforcing your order, you can submit a request for them to review the existing arrangement. The agency will verify all the details and may recommend a revised amount. The entire review often takes several months, during which you should continue with payments under the current order. The best way to get this done quickly is to have an attorney help you. While an attorney can't make the agency work “faster,” they can do two things to keep things moving: Make sure everything is submitted right the first time, so there are no delays due to paperwork Ensure you have all the strong evidence you need to show the situation, so the agency doesn't initially deny or have to ask for more proof Court Involvement For orders not handled through the agency, or if for some reason you prefer direct court involvement, your attorney will file a petition in superior court for you.  The petition will explain the substantial change that's tied to your employment situation and include a financial affidavit plus a worksheet showing what the new amount should be under current guidelines. Job changes happen, and your orders for financial support should reflect reality. Contact us at South Atlanta Family Law in Stockbridge, GA today to request a consultation or a strategy session. We're an award-winning South Atlanta area law firm with over 50 years of experience handling family law matters for our clients.