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David A. Canale
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David Canale’s Legal Guides

7 total

  • Custody Journal

    Child custody disputes can bethe most contentious civil actions heard by a court. These cases are also extremely fact sensitive, and they frequently become a "he said/she said" contest between mothers and fathers with vastly different versions of pastevents and behavior. One way ...

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  • UCCJEA and The Proper Forum For A Custody Dispute

    Interstate custody disputes are more and more common occurrences in the practice of family law, due largely to the increased mobility of our society. When parties are divorced in one state and one parent later moves to another, the parties subsequently will often question where a...

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  • Where Do I File My Change of Custody Case?

    A common question that arises in custody cases is where a change of custody should be filed. A recent Georgia Court of Appeals case is instructive on this issue. InSumner v. Batchelor, the Court of Appeals reversed the Effingham County Superior Courts denial of a motion to dismis...

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  • Findings of Fact in GA Child Support Orders

    Georgia child support law requires that trial courts make specific findings of fact when establishing or modifying child support obligations. O.C.G.A. 19-6-15 makes such findings mandatory. The general practice is for the courts to make specific findings as to the parents respec...

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  • Legitimation of Children Under GA Law

    Fathers of children born out of wedlock generally have a small window to assert their rights and establish a legal relationship with a child. Under Georgia law, the biological father has an "opportunity interest" in establishing a relationship with the child. This interest can be...

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  • Alimony Under Georgia Law

    A frequent question in Georgia divorces and separate maintenance actions is how much alimony will be received or paid. Unlike child support awards, which are subject to express guidelines, there are no specific alimony guidelines under Georgia law. The alimony statute, O.C.G.A. 1...

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  • Benefits of A Custody Journal

    Child custody disputes can bethe most contentious civil actions heard by a court. These cases are also extremely fact sensitive, and they frequently become a "he said/she said" contest between mothers and fathers with vastly different versions of pastevents and behavior. One way ...

    Read more