Georgia law permits a child aged 14 years or older to “select the parent with whom he or she desires to live.”(1) Nonetheless, an action to modify custody of the child making such a custodial election will not automatically succeed. This article addresses the available means to defeat the custodial...
While Georgia statutes and appellate case law plainly state the findings required to modify a child custody award, the authorities remain less clear on allocation of the burden of proof in modification actions and its impact on a court’s ultimate determination. This article explores those subjects.
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At some point after divorce, former spouses often look for someone new to love. Those new relationships, while emotionally rewarding, may come at a price. Specifically, when a former spouse receiving alimony under a divorce decree cohabitates with another person in a relationship resembling marriage...
Georgia law establishes a presumption of a gift when one spouse transfers legal title to real or personal property to the other spouse or to the marital unit. In other words, property acquired by one spouse prior to marriage (or through gift or inheritance from third-parties during the marriage), wh...
Children with severe physical or mental disabilities may require lifetime care and financial support from others in order to survive as adults. Often, such children will continue to reside with and be dependent upon their parents throughout adulthood. But what happens when their parents divorce? Wha...