Georgia law permits a court to modify physical or legal custody of a minor child granted under a prior award “upon a showing of a change in any material conditions or circumstances of a party or the child.”(1) In an action to modify a child custody award, if the court finds new and material changes...
With limited exceptions, and upon satisfaction of certain conditions, an appeal of a final judgment awarding alimony, child support, or other monetary relief in Georgia generally stays the defendant’s payment obligations while the appeal remains pending.(1) Affirmance of the final award on appeal or...
Georgia domestic cases, such as divorces, child custody and child support proceedings, legitimation actions, and family violence matters, normally fall within the jurisdiction of the State’s superior courts.(1) And where child custody is at issue, judges rather than juries always make the determinat...
In Georgia domestic actions, as with all legal areas, spouses and parents at times seek to assert claims or defenses which existing authorities do not expressly support or which contravene settled law. The party asserting those novel claims or defenses typically expects to lose at the trial court le...
A prior article discussed the use of temporary attorney fee awards in divorce and alimony actions as a safe, though uncertain, means to secure sums needed to pay for legal services. Where an opposing spouse will not consent to the use of the parties’ liquid assets to pay attorneys’ fees, the filin...