Atlanta Child Custody Lawyer.
If the home was purchased prior to the marriage, then it is arguably not marital property or subject to equitable division; however, if funds earned during the marriage by either party paid down the mortgage and contributed to the equity in the home, then there would arguably be a marital interest in the home. After only a year of marriage, however, I imagine any appreciation in the home is nominal. You mentioned that the home is "presently" titled in your joint names. If the down...
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No. He will be their stepfather. The children's legal custodians are you, their mother, and if they were born in wedlock, their father. If they were not born in wedlock, then they may still have two legal parents if 1) the father married you after they were born and held them out as his own or 2) if he subsequently legtiimated them. The children's soon-to-be stepfather will have no right to custody of or any obligation to support your children by another man, unless he adopts them (which...
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Yes, the Court is likely to find you in contempt if you intentionally disregard its Order. Note that even if the father "agrees" for you to have an overnight guest, it does not preclude him from subsequently filing an action for contempt and it does not preclude the Court from finding you in contempt. If you want to have overnights with your boyfriend, it would be wise not to do so during those nights that the children are in your custody. Note that if you do choose to have your...
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The Court is not bound by the temporary Order. The Judge will look at all the relevant evidence and make a determination regarding custody that is grounded in what he or she finds to be in your child's best interest. If you want joint physical and legal custody (the former involves where the child resides / parenting time and the latter involves decision making for the child), then you will have to demonstrate to the Court that joint custody is in your child's best interest. If you cannot...
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You can call the Rockdale County Bar Association and ask about a pro bono attorney referall: Go to http://www.rockdalebar.org/. You can also file for a divorce yourself, but it is wise to have the benefit of an experienced family law attorney. The attorney will discuss the issues of custody and parenting time with you...the history of abuse you mentioned, whether you need to request that the Court put certain safety parameters in place (including, as an example, supervised visits between...
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There are a few things you can do. First, I'd be getting on that phone and calling and scheduling a time for a telephone conference or face-to-face meeting with your attorney. Let the attorney know that you want him or her to contact the Opposing Counsel and advise that if the mediation agreement is not finalized, signed, notarized, and filed within the next 7 - 10 days (or whatever time you and your attorney decide is reasonable under the circumstances), then you will be filing a Motion...
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My colleages, it seems, are not rushing to respond to your question because it is a sensitive issue. I want, as always, to be completely candid and can only hope that my directness is well received. I understand how you feel, but consider the other side of the coin - a lot of lawyers spend a good bit of time doing pro bono work through an agency such as Atlanta Volunteer Lawyers Foundation and DeKalb Volunteer Lawyers Foundation - and many offer services at a reduced hourly rate (for example,...
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Even if you locate him, if an abandonment warrant causes him to be incarcerated and lose his job, then it will impede his ability to pay support for your child. If DHS is not pursuing your case, perhaps they are unable to locate him. The US Dept of Health and Human Services, Office of Children and Families, has a Chapter on the location of non-custodial parents: http://www.acf.hhs.gov/programs/cse/pubs/2002/reports/essentials/c5.html. Additionally... You may want to inquire of the...
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If you already signed the settlement agreement, then expect your wife's attorney to file a motion to enforce the agreement...or, if proper grounds exist to do so, you could file a motion to set aside the agreement. Agreements can be set aside if a party, for example, is induced to enter into the agreement through fraud, coercion, duress, mistake or misrepresentations of law. If you have been presented with a proposal for settlement - a draft of an agreement for your consideration, you do not...
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If your child was born out of wedlock and his father never legitimated him, then he has no right to visitation under the law (that's not to say that it is not in your child's best interest to foster a relationship between him and his father, as your note indicates you've been doing). You have the right to move, and he has no right to keep you from moving or to keep the child. However, if you move, he may file an action for legitimation (which would establish the child's legitimacy and allow...
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