Frequently Asked Questions

       What are my rights as a parent?

 If you are married and have children with your spouse, until a court signs an order giving custody of children to one parent or the other, the mother and father each have an equal right to custody of the children.  Fathers of children born out of wedlock have no custody or visitation rights in Georgia until they file a petition to legitimate the child.  This is true even if the Father's name appears on the birth certificate.

        What if the other parent moves out of state?

 If you are married and the parent having custody of the children moves out of state, you can file for divorce and seek custody of the children in your county of residence provided that it has been less then six months since your spouse left and your county of residence was the site of the marital domicile.  If you were divorced in Georgia and the parent having custody of the children moves out of Georgia, you can file for a change of custody in the county in Georgia that made the initial custody determination.

        When will my child have the right to choose?

 In Georgia, a child age 14 or above can choose which parent to live with.  The child's choice must be honored unless the child chooses a parent who is unfit to have custody.  This is a high burden to meet.  When a child is between the ages of 11 and 13, the court must consider the desires and educational needs of the child in determining which parent shall have custody, but the child's wishes do not control if the judge determines that the child's choice is not in the child's best interests.

        How is child support calculated?

 A judge or a jury takes a percentage of the non-custodial parent's gross income (for one child, between 17-23%; for two children, between 23-28%; for three children, between 25-32%; for four children, between 29-35%; and for five or more children, between 31-37%) and then decides if one of eighteen factors (including, but not limited to, a child's extraordinary medical costs, shared physical custody arrangements, and a party's support obligations to another household) justifies a departure from the guidelines.

        What are my rights if child support payments are not received?

 If a court in Georgia issued the initial support order, you can go back to court to ask that the paying parent be held in contempt for failure to pay.  If the paying parent has moved to another county in Georgia, you can also go to that parent's county of residence to file a contempt action.  If the judge holds the paying parent in contempt, the judge can order the paying parent jailed until he or she pays what is owed or a part of what is owed and order that the remainder be paid on a payment plan.  If you can not afford to hire an attorney to help you collect child support, you can apply to Child Support Enforcement for assistance in this area (http://www.cse.dhr.state.ga.us/).

        What are the steps to get child support payments increased?

 As a custodial parent, you can apply for an increase in child support payments if you can show that there is a substantial change in the income of either yourself or the non-custodial parent or that the needs of the children have substantially increased.

        What are my rights as a grandparent?

 A court can grant visitation rights to a grandparent if the court finds the health and welfare of the child would be harmed unless such visitation is granted, and if the best interests of the child would be served by such visitation.  Grandparents can not seek visitation rights where the parents of the child are not separated and the child is living with both of the parents.

        How is alimony calculated?

  Alimony is authorized, but is not required, to be awarded to either party in accordance with the needs of the party and the ability of the other party to pay.  In determining whether or not to grant alimony, the judge or jury considers evidence of the conduct of each party toward the other.  The amount of alimony to be awarded depends on eight factors including, but not limited to, the standard of living established during the marriage, the duration of the marriage, and the age and the physical and emotional condition of both parties.

        How long will alimony be awarded for?

 Alimony can be awarded for as long a period as a judge or jury feels that it is necessary or appropriate, however, remarriage of the spouse receiving alimony can result in the termination of the paying spouse's obligation under certain circumstances.  If the spouse receiving alimony has a "live in" lover, the party paying alimony can ask a court to modify or eliminate periodic alimony provisions.