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Grandparent visitation rights in Georgia
The Supreme Court of Georgia recently heard an interesting case regarding visitation rights for grandparents whose son's parental rights had been terminated. Kunz v. Bailey, S11G0867 (2012). In  ...read more

Self-executing visitation provision in Georgia divorce held invalid
The Supreme Court of Georgia recently heard a case regarding a self-executing modification in a final decree of divorce. Johnson v. Johnson, S11F1856 (2012). In that divorce case, the final decree  ...read more

Custody awarded to father in Georgia divorce case despite evidence of alleged family violence
The Supreme Court of Georgia recently affirmed a divorce action where the husband was awarded primary physical custody of the children despite evidence of alleged family violence. Finklea v. Finklea,  ...read more

In Georgia, trial court cannot rely on evidence from temporary hearing in making final judgment
The Supreme Court of Georgia recently reversed a trial court's decision in a custody modification case because the trial court erroneously relied on evidence from the temporary hearing in making its  ...read more

Prenuptial agreement upheld in Georgia divorce case
The Supreme Court of Georgia recently heard an appeal of a divorce case, which highlights the security, or risk (depending on which side you are on), of entering into a prenuptial agreement in  ...read more

Primary custody awarded to one parent in Georgia even where both are deemed fit parents
In Georgia, even in divorce cases with two fit parents, one parent will be awarded primary physical custody. In a recent divorce case with two fit parents, the trial court awarded primary physical  ...read more

Legitimation and abandonment in Georgia
The Georgia Court of Appeals recently heard an appeal of the grant of a legitimation petition, where the father was absent during the majority of the pregnancy, but in the child's life from the  ...read more

Divorce decree cannot be modified in contempt case in Georgia
The Georgia Court of Appeals recently heard a case addressing an alleged modification of a divorce decree in a contempt case. In that case, the parties had joint legal and physical custody of their  ...read more

Recent Georgia divorce case phases out supervised visitation through three month transition period
The Supreme Court of Georgia recently heard a case dealing with supervised visitation that was to be phased out through a transition period. In Sigal v. Sigal, before filing for divorce, the mother  ...read more

Georgia divorce case appealed over payment of transcript costs
A recent Georgia divorce case was appealed to the Supreme Court of Georgia due to payment of transcript costs. Kent v. Kent, S11F1035 (2011). In that case, before the trial began, the judge asked the  ...read more

Modification of visitation affirmed by Georgia Court of Appeals
The Court of Appeals of Georgia recently affirmed a modification of visitation over the appeal by the father/primary custodian. Blackmore v. Blackmore, A11A1277 (2011). In that case, the parties  ...read more

Georgia Court of Appeals rules on Fulton County child custoday case
The Court of Appeals of Georgia recently heard an interesting, though extremely sad, child custody case out of Fulton County. In that case, the paternal grandparents sought custody of the two minor  ...read more

Waiver of alimony or child support modification must be clear and express
The Supreme Court of Georgia recently reversed a trial court's ruling that a Husband had waived his right to seek a modification of his child support obligation below a specified floor. Dean v. Dean,  ...read more

Supreme Court of Georgia issues ruling on separate vs. marital property
The Supreme Court of Georgia recently addressed a divorce case where separate property was erroneously classified as marital property and equitably divided. In that case, parties were married in 1993  ...read more

Order for supervised visitation upheld by Georgia Court of Appeals - Part 2
Last week, I discussed the Gottschalk case, where the father appealed several aspects of the Georgia trial court's order for supervised visitation. Gottschalk v. Gottschalk, A11A0565 (2011). As  ...read more