A prior article discussed the domestic relations cases and issues which may be appealed as of right and those which require appellate application and approval. That article in part addressed a two-part evaluation – established by state Supreme Court decisions – to determine whether an appealed or...
Generally, Georgia law authorizes entry of default judgments against defendants who fail to timely file defensive pleadings in civil actions. That general rule, however, does not apply to defendants in designated domestic relations cases. This article will discuss the consequences of a defendant’s f...
At the time of our prior article on Georgia’s Equitable Caregiver Act (the “ECA”), little if any caselaw had yet addressed its provisions. The ensuing two years, however, have seen several appellate decisions interpret the ECA. It consequently seems appropriate to revisit that statute and discuss...
The legal authority for a parent to seek modification of a prior child custody award upon a showing of changed circumstances affecting a child since the last award raises a disturbing possibility of custody litigation throughout a child’s minority. Naturally, the stress and expense of multiple custo...
Parents and judges often prove reluctant to use testimony from children in divorce and other actions involving custody determinations, even though children frequently possess critical knowledge of parental behavior material to those determinations. Without a child’s testimony, hearsay rules limit a...