Service Category: Family Law

Our Team of Family Lawyers Can Assist You

Pre-nuptial agreements are agreements in which two people who are getting married enter prior to marriage to decide how a divorce will be resolved. The purpose of a pre-nuptial agreements is to allow people who are planning to get married to discuss many major issues that may arise during a marriage and during a divorce. At The Millard Law Firm, our Alpharetta family lawyers are highly knowledgeable about all of the components which should be included in a pre-nuptial agreement to ensure it is complete and thorough.

What Is the Purpose of a Prenuptial Agreement?

Pre-nuptial agreements may be used to force the parties to communicate directly and clearly about their expectations during and after the marriage and may even teach the parties how to effectively communicate with each other to avoid a divorce. The agreement can anticipate issues with regard to property and assets that the parties brought into the marriage and may subsequently acquire during the course of the marriage.

A prenuptial agreement, however, cannot waive or limit a party’s right to child support or custody. Such agreements should outline specifically how alimony, division of assets, and other issues will be addressed in the event that the parties obtain a divorce.

A pre-nuptial agreement can be used for the following purposes:

Do I Need a Pre-Nuptial Agreement?

Many couples come to us uncertain whether or not they need a pre-nuptial agreement. We have years of experience in the field of family law and we are committed to providing you with the level of support and guidance you need. If you have any questions about pre-nuptial agreements throughout the state of Georgia, please call an Alpharetta pre-nuptial agreement lawyer from The Millard Law Firm at (678) 319-9500 to schedule a consultation.

Specialized Legal Team

Marcy A. Millard

Marcy A. Millard

Owner & Lead Attorney
Brittney Green

Brittney Green

Associate Attorney

Handling the Complexities of Legitimation

It is not uncommon for parties who have children together to choose not to get married, for one reason or another. Under such circumstances, the parties may outline their parental rights and obligations through a civil action called either a legitimation or paternity action.

At The Millard Law Firm, our Alpharetta family law attorneys provide dedicated representation and sound guidance for clients who are going through the paternity or legitimation process. We understand the importance of having custodial or visitation rights to see your child and these actions are the legal way to solidify your rights.

What Is a Legitimation Action?

A legitimation action is an action that the father of a child who is born out of wedlock may file in order to obtain a legal determination that the child belongs to the father. Such a determination by a court allows the father to have parental and custodial rights with regard to the child. Even where a father does not legitimate his child, he is still obligated to support the child.

A mother may file a paternity action against the father seeking child support from him. Where the parties do not agree to paternity, the court could require a determination that the father is in fact the biological parent of the child through a DNA test.

Paternity is often determined for the following purposes:

Fathers Rights Issues

Father’s rights issues can be complicated public cases. In Georgia, if a child is born outside of marriage, the mother will have legal custody of the child.

However, this does not mean that the father will also have legal custody. The courts in Georgia look at several factors when determining a father’s rights.

Primary custody is determined by what is in the best interest for the child in Georgia courts. The courts will look at several factors such as the parents’ involvement with the child’s development, who takes the child to school, who cares for the child when they are sick and many other factors that provide sufficient evidence of which spouse should have primary custody of the child. If you are a father and are concerned about the custody of your children, please reach out to our attorneys and schedule a consultation with us. Custody cases can sometimes be very intense, however, our attorneys are ready to stand by your side and make sure that the courts rule what is in the best interest of your child.

Aggressively Protecting Your Rights

Paternity and legitimation actions can quickly become confusing and stressful, especially if you and the other parent of your child are not in agreement. We are here to support you and ensure your rights are not violated and your children are protected. If you have any questions about paternity or legitimation actions, please feel free to call us at (678) 319-9500 to set up a case consultation with an Alpharetta paternity lawyer.

Specialized Legal Team

Marcy A. Millard

Marcy A. Millard

Owner & Lead Attorney
Brittney Green

Brittney Green

Associate Attorney

Child custody law in Georgia

Determining child custody is also a very complicated process that follows a divorce. In Georgia child custody is determined by what’s in the “best interest of the child”. If the child is age 14 or older he or she can make a decision of which parent they wish to reside with.

However, if the parent chosen by the child is not within the child’s best interest, their decision can be rejected by the judge.

There are several factors that determine how child custody will play out during a divorce: Safety of the child, emotional or psychological needs of the child, history of abuse, ability for parents to communicate, child’s decision if they’re age 14 or older and location where parents reside are some of the major factors that determine child custody.

Custody evaluators which are licensed professionals by the state will also have a say in your child custody hearing. Custody evaluators give their professional opinion on the ability of both parents to responsibly care for the child. In some cases here in Georgia psychological evaluations may also be required if the custody evaluator suspects it may be necessary.

Modification for Existing Visitation Schedules

Have situations in your life changed since you went through your divorce and established a custody or visitation order? Any parent may file for a modification of custody or visitation once every two years or if there is a significant change in circumstances. At The Millard Law Firm, our Alpharetta child custody lawyers are committed to protecting your rights and the rights of your children. Working with a trusted family law firm is in your best interest to ensure you have the best chance for success.

Situations that are typically considered a significant change in circumstances include:

Custody Modification Due to Relocation

The most common reason for filing a modification of custody and visitation is a move out of state. Many times the non-moving parent believes that the moving parent should lose custody as a result of his or her decision. The Georgia Supreme Court has stated there is no bright line rule to child custody.

Simply moving out of state does not waive your right to custody. Each case must be evaluated individually and the court must make a decision based on the best interest of the child. Whether you are the moving parent or the parent remaining in the state, it is imperative that you retain the representation of a committed Alpharetta family lawyer.

How Long Does Modification Take?

A modification of custody can take several months and in several counties, the moving party is prevented from moving until a final order is issued. If you need to modify your visitation or custody schedule because of a planned move or just wish to determine if your situation will warrant a modification, please reach out to The Millard Law Firm today.

Additional Information & Answers

Determining child custody is a very complicated process that requires the assistance of a lawyer. In Georgia, child custody is determined by what’s in the “best interest of the child.” There are several factors a court considers when determining what is in the best interest of the child such as safety of the child, emotional or psychological needs of the child, history of abuse, the ability for parents to communicate, the child’s decision if they’re aged 14 or older, and location where parents reside. These are some of the major factors that determine child custody.

If the child is aged 14 or older he or she can make an election of which parent they wish to reside with, but that decision is not binding on the Judge. If it is not in the best interest of the child to reside with the parent they chose, their decision can be rejected by the Judge.

It’s important to have an attorney on your side during child custody cases. If you truly want your voice to be heard, hiring a child custody attorney will have an immense impact on the outcome of your custody case. Our lead attorney, Marcy Millard, helps parents in Alpharetta navigate through complex and emotional child custody and high-stakes divorce cases both as a lawyer and a Guardian ad Litem. More importantly, she has been through the process herself as a child of divorce. If you are searching for the right child custody lawyer to defend you, look no further. The Millard Law Firm will fight to ensure the best interests of your child/children.

Child custody cases can be very complicated and have many moving parts. In some cases, a custody evaluator and a GAL may be required by the court in order to help determine custody and visitation rights. The Georgia courts will review all the information submitted, and from there they will determine custody in favor of the best interests of the child. 

In Georgia, child custody is granted through physical or legal custody.

Parents that are granted physical custody have the right to live primarily with the child and in most cases parents will have shared custody (joint custody) of children involved in a custody dispute. In some cases the court will appoint one parent as the primary physical custodian of the child, but more courts are granting both parents joint physical custody.  Joint physical custody allows the child to live with both parents the same amount of time. 

If the Georgia courts determine that one parent is unfit to care for the child, then sole custody will be granted to one parent. In this case, visitation rights may or may not be allowed for the other parent.  This is very uncommon, but can happen in extreme cases of abuse, neglect or other significant issues.

Legal custody determines which parent or parents have legal decisions concerning the child’s education and medical care. The Georgia Court will generally grant the parties joint legal custody with one parent having final decision making authority.. The parent granted final decision making authority for the child will make final decisions if both parents cannot agree on legal matters concerning the child’s well-being. 

Sole custody takes place when the courts determine that one parent is completely unfit to legally and physically have custodial rights. Sole custody is rarely granted; however, based on the Court’s findings it can be enforced. Sole custody grants one parent full legal and physical custody meaning they are fully in charge of the child’s well being. While sole custody grants full legal and physical rights to a child, it does not take away the financial responsibility from the other parent to care and provide for the child. Child support and child custody are two separate matters.

Custody evaluators, which are licensed professionals by the state, will also have a say in your child custody hearing. Custody evaluators give their professional opinion on the ability of both parents to responsibly care for the child. In some cases here in Georgia, psychological evaluations may also be required if the custody evaluator suspects it may be necessary.

A Guardian Ad Litem is an attorney appointed by the court to represent the child’s best interest as far as custody and visitation. Not every case requires a Guardian Ad Litem; however, having one present is highly recommended during complex cases. 

The role of a Guardian Ad Litem in a child custody case is to investigate and provide a recommendation as to who should have custody of the child, the visitation schedule,  if supervised visitation is needed, and other important issues regarding custody.

A Guardian ad Litem is considered the Court’s expert for child custody. They may have some knowledge on child development in psychology; however, their main task is to look through information related to the child’s well-being. This includes interviewing children, parents, and witnesses involved during a custody case in order to give appropriate recommendations for the child or children involved in a custody dispute.

The main difference between a child custody evaluator and Guardian ad Litem is their legal and scientific background.

In Georgia, custody evaluators are licensed psychologists who are usually brought into a child custody case if there are suspected issues of psychological instability. In a custody hearing, a custody evaluator can be requested by another party involved in the case, the Judge or a Guardian Ad Litem. Custody evaluators will report their scientific findings to the court and can also offer a recommendation concerning child custody and visitation.

Neither a custody evaluator or a Guardian ad Litem’s recommendation is binding on the Court.  A Judge is the only authority who can make ae decision based on psychological and legal findings.

Under Georgia law, if parents are not married, the mother is considered the solelegal custodian of the child unless and until the Court grants the father any rights to legal or physical custody. Even if the father is ordered by the court to pay child support, he may not have visitation rights, physical or legal custody of the child. For unmarried parents there are no automatic father’s rights in the state of Georgia. The father has a right to become a physical custodian of the child as long as the court finds it will be in the best interest of the child for him to be a legal or physical custodian. 

Parenting plans also known as the child custody agreement, outlines who will be the primary physical or legal custodian of the child in addition to frequency of visitation. In some cases, both parents cannot agree on visitation rights and frequency of visitation. In this case, the Georgia courts order both parties to submit their own proposed plan on how the child’s custody should work. Both parties submit their proposed parenting plan before the first child custody hearing. The Judge will review the findings in addition to other information submitted by a Guardian Ad Litem and custody evaluator.

Here at the Millard Law Firm we help Alpharetta residents devise parenting plans that make a difference in their case. If you are going through a child custody dispute, it is best to consult an attorney who is well-versed in preparing child custody agreements.

Child support and child custody are handled separately. While both have their similarities, there are various factors that are used to calculate child support payments. In Georgia, the non-custodial parent is required to pay child support. Typically in Georgia, the parent that has the least amount of visitation time is the one required to pay child support.

Just like child custody cases, child support can also be very complex with many moving parts as far as determining who will pay child support and how much will be paid. Our lawyers are skilled at navigating through these difficult situations. We will fight not only for the custody of your child, but also child support associated with caring for your child. Click here to learn more about child support.

Have situations in your life changed since you went through your divorce orestablished a custody or visitation order? Any parent may file for a modification of custody or visitation once every two years or if there is a significant change in circumstances. At The Millard Law Firm, our Alpharetta child custody lawyers are committed to protecting your rights and the rights of your children. Working with a trusted family law firm is in your best interest to ensure you have the best chance for success.

Situations that are typically considered a significant change in circumstances include:

  • One parent wants to move out of state.
  • One parent gets remarried.
  • A parent’s new boyfriend or girlfriend causing harm to your child or children.
  • A change in jobs that allows the non-custodial parent to spend more time with the child or the custodial parent to spend less time with the child.
  • A 14 year old or older child’s election

A frequently used reason for filing a modification of custody and visitation is a move out of state. Many times the non-moving parent believes that the moving parent should lose custody as a result of his or her decision. The Georgia Supreme Court has stated there is no bright line rule to child custody.

Simply moving out of state does not waive your right to custody. Each case must be evaluated individually and the court must make a decision based on the best interest of the child. Whether you are the moving parent or the parent remaining in the state, it is imperative that you retain the representation of a committed Alpharetta family lawyer.

A modification of custody can take several months and in several counties, the moving party is prevented from moving until a final order is issued. If you need to modify your visitation or custody schedule because of a planned move or just wish to determine if your situation will warrant a modification, please reach out to The Millard Law Firm today.

Specialized Legal Team

Marcy A. Millard

Marcy A. Millard

Owner & Lead Attorney
Brittney Green

Brittney Green

Associate Attorney

Mediation Lawyers Alpharetta, Georgia

Handling Alternative Dispute Resolution

Battling through the divorce process in court can be extremely stressful, public, expensive, and time consuming. Many divorcing couples decide to go through mediation, as an alternative form of dispute resolution. At The Millard Law Firm, our Alpharetta family lawyers are committed to guiding you through the mediation process, saving you time, money, and alleviating the stress associated with divorce.

What is the Difference Between Divorce & Mediation?

Mediation is a process that encourages the parties to resolve their disputes without court intervention. Many metro Atlanta counties will require that the parties attend mediation prior to appearing before the court. During the mediation process, the parties and their counsel sit down in the same room with a neutral party called a mediator. A mediator is neither a judge nor a jury and cannot make a binding decision for the parties. The mediator simply listens to each party’s issues and version of events and helps the parties reach a settlement agreement.

Mediation can be used to make decisions on a wide range of issues, such as:

Affordable Alpharetta Mediation Services

mediator can charge anywhere from $200 to $300 per hour. These fees are charged in addition to any fees charged for each party’s attorney’s fees. Although the expense of a mediator and an attorney can be costly, it is generally less costly than pursuing further litigation. We are committed to using our years of experience and extensive resources to our clients’ advantage, making the mediation process go as smoothly as possible.

Further Information

Divorce mediation is a settlement process between a married couple that wants a divorce,  without having to go to court. It is based on mutual respect since the couple maintains the power and control in regards to their divorce, rather than having a judge decide.

 

Mediation is typically less stressful, less time-consuming, and less expensive than a divorce trial. Mediation is a viable option if both the parties are honest, disclose all their assets, and are willing to compromise.

 

A divorce mediator will help you reach an agreement in regards to child custody, child support, property, and assets division, and any other aspect of the case to ultimately finalize your divorce. At The Millard Law Firm, we have the best divorce mediation attorneys who will help you finalize your divorce in a timely and cost-effective manner.


Call (678) 319-9500 to talk to one of our experienced and compassionate lawyers about your divorce dispute in Alpharetta, Georgia. 

If you are looking for a divorce mediator in Alpharetta and the greater Atlanta area, the Millard Law Firm can help you. The mediator’s goal is to help the spouses resolve their issues and come to an agreement, whether that is regarding child custody, child support, finances, property, or assets. 

 

Divorce mediation is preferable when both parties are willing, to be honest, and work together.  In some counties, it is required before you can have a final hearing.  Divorce mediation is much more cost-effective than going to court. Getting a divorce is costly and often stressful both emotionally and financially.  The Millard Law Firm will always advise you as to the risks and benefits of going to court before walking away from mediation without an agreement.

 

If you are thinking about getting a divorce and you think that you and your spouse can work things out without having to go to court, mediation is highly recommended.

We encourage you to schedule a confidential conversation with a divorce lawyer who can prepare you for the mediation process. He or she can go over questions that will be asked and give tips on how to communicate with your spouse.

At The Millard Law Firm, we always look to see if there is a possibility of resolving issues through mediation. Meditation is a great way to resolve a family dispute or divorce as it is cost-effective and mitigates having to go through court proceedings. 

 

Another benefit of mediation is that the spouses who negotiate through mediation, have more control over their dispute. No judge has to intervene and make the decision for them. We see that spouses who proactively communicate over the division of property and assets, as well as child custody and child support, will preserve their relationships more than couples who go through a divorce that has been taken to court. 

 

If you have any questions about your divorce dispute, please feel free to call us at (678) 319-9500, and one of our Alpharetta mediation attorneys will be happy to help you! 

Specialized Legal Team

Marcy A. Millard

Marcy A. Millard

Owner & Lead Attorney
Brittney Green

Brittney Green

Associate Attorney

What is Guardian AD Litem?

Serving the Legal Needs of Your Children

A guardian ad litem is an attorney that is ordered by the Court to represent the best interests of a child. The guardian ad litem will interview the parties, any important witnesses, and the children. A guardian ad litem is generally recommended as a good idea for complex cases with highly contested custody issues.

Local courts may also recommend a guardian ad litem to reduce the time needed for a final hearing or to assist the court in evaluating each party’s living situation. Turn to our experienced family lawyers in Alpharetta at The Millard Law Firm if you have been told you need to hire a guardian ad litem.

What Does a Guardian Ad Litem Do?

A guardian ad litem may require children, parents, and witnesses to submit to psychological or custodial evaluations. After completing his or her investigation, a guardian ad litem will typically issue a report. The report can be several pages long and will clearly detail each of the facts investigated, how each fact is relevant, information offered by each witness, as well as the guardian ad litem’s recommendations for how to resolve this matter.

Typically, the guardian ad litem’s report will outline a detailed schedule for the following:

Additionally, the guardian ad litem is permitted to inspect documents that may otherwise be hearsay, such as:

Meet with a Trusted Family Law Attorney Now

At The Millard Law Firm, we have both retained guardian ad litems for clients and worked as a guardian ad litem when needed. If you are unsure as to whether a guardian ad litem is necessary or you are contemplating retaining a guardian ad litem, please do not hesitate to reach out to our firm now at (678) 319-9500.

Specialized Legal Team

Marcy A. Millard

Marcy A. Millard

Owner & Lead Attorney
Brittney Green

Brittney Green

Associate Attorney

Contempt Actions Alpharetta, GA

Family Lawyer Handling Enforcement Actions in GA

Is your spouse failing to pay you the proper amount of child support, spousal support, or failing to stick to the other terms of your divorce court order? It can be extremely stressful to go through the trouble of establishing a court order, only to have your ex-spouse acting in contempt. You may need to consider hiring a family law attorney in Alpharetta to represent you and take enforcement actions against the other party. At The Millard Law Firm, we have the skill, extensive knowledge of the local courts, and resources you need on your side.

What Is a Motion for Contempt?

A motion for contempt is a request for the court to punish a party for failing to obey a court order, such as in a family law matter when one party fails to pay child support or refuses to allow visitation. The purpose of a contempt action is to bring the other party to pay for their irresponsible actions. In order for a party to be held in contempt, however, the offending party must be found to have willfully violated the court order.

Once a court determines there has been a willful violation, a court may order:

It is important that all parties comply with the court’s order. No court will tolerate a party disobeying its orders. Since the parties’ settlement agreement typically becomes the court’s orders, it is important the parties’ agreement preserve their right to file for contempt and pursue attorney’s fees.

Contact Our Alpharetta Contempt Action Attorneys

Are you interested in scheduling a confidential consultation to discuss enforcement actions with an Alpharetta family lawyer? Our firm serves clients throughout Georgia, dedicated to providing personalized and attentive representation.

Specialized Legal Team

Marcy A. Millard

Marcy A. Millard

Owner & Lead Attorney
Brittney Green

Brittney Green

Associate Attorney

Parenting Plan Lawyer in Alpharetta

Establishing a Primary Physical Custodian

When you and your spouse share children and decide to get divorced, there are a variety of topics which must be sorted out before the divorce can be finalized and the court order can be issued. One of the issues which you should discuss with an Alpharetta divorce lawyer is a parenting plan. Our legal team at The Millard Law Firm has years of experience helping families like yours establish a parenting plan that works for you.

What Is the Purpose of a Parenting Plan?

A parenting plan is a court order that identifies the primary physical custodian, the secondary physical custodian (party with visitation), and how legal custody is to be divided. It may seem simple enough, but if you and your spouse cannot come to an agreement, it is highly recommended to have an experienced Alpharetta parenting plan lawyer to guide you.

How We Can Help

The form you fill out can also be very complicated which is why retaining a divorce firm to represent you is essential. If your matter involves child custody, you should never take any risks by trying to sort out your issues without a lawyer. You can rely on our legal team to answer your questions and help guide you through the steps of drafting a parenting plan.

You and your spouse or the court must specifically lay out:

Pursuing Your Child’s Best Interests

Going through a divorce is hard enough on your children without their parents fighting over who will have custody over them. You need to remember what is most important to you and keep your children’s best interest in mind at all times.

Specialized Legal Team

Marcy A. Millard

Marcy A. Millard

Owner & Lead Attorney
Brittney Green

Brittney Green

Associate Attorney

Child Support Lawyers Alpharetta, GA

Are You Seeking Child Support?

Are you currently going through a divorce and have concerns about receiving or paying the correct amount of child support? Child support is typically based on a percentage of both parties’ incomes and certain expenses related to the children. It is highly advisable that you consult with an Atlanta area child support lawyer who can advise you on your options. We work with our clients to ensure you receive a suitable amount of child support to take care of your children.

Calculating Child Support in Georgia

When calculating child support payments there are several things Georgia courts will take into consideration.

If a child has any special needs, assets that are in the process of separation, income of both spouses, who will have primary custody of the child or children, current job and education level of each parent are all factors that will help Georgia judges determine child support payments.

Judges in Georgia courts use a specific worksheet that determines an exact number of child support. It is important to have an experienced and competent Alpharetta family law attorney to represent you that is familiar with the way child support is calculated.

A few of the factors which are taken into account when making a decision about child support include:
Child Support / Visitation Modifications

Child support modification can be made if there has been an increase in expenses concerning the child or if the opposing spouse has had an increase since the child support payment was determined by the Georgia courts. If you are struggling to support your children or feel that you are paying too much, reach out to us and we will help you recalculate your child support payment.

Significant Change in Circumstances for Modifications

Georgia law allows a party to file a modification of child support once every two years or when there is a significant change in circumstances. A significant change in circumstances can include a loss of job or other income or a significant increase in income through a raise or promotion. If you are paying child support and have suffered a job loss, you may petition the court for a reduction in child support.

You may also ask for an expedited hearing and for the child support not to accrue from the date of filing. Unless you request an expedited hearing, you may have to wait months to obtain an order reducing your child support.

Custody Modification

You may be eligible for custody modification if:

One parent is wanting to move out of state, one spouse getting remarried, a parent’s new boyfriend or girlfriend causing harm to your child or children or if a change in jobs allows the non-custodial parent to spend more time with the child. These are just some of the main reasons to request a modification of your child custody and visitation.

One of the main reasons for a modification request is simply because one of the parents has considered moving out of state. In Georgia there is no law that prohibits one of the parents moving out of state if they wish to retain custody of their children. This means that if you move out of state you will still be allowed to have custody of your child, assuming that you are considered responsible to care for the child or children.

Just like with child custody, the Georgia courts determine what is in the best interest of the child. If you are choosing to move out of state or your spouse has moved, the courts will evaluate the situation and determine what is in the best interest of the child, as far as custody and a parenting plan.

When it comes to visitation and custody modification you should always consult an attorney to help guide you through the process. Our firm has helped many Alpharetta residents modify their custody and visitation rights. Contact us for more information on custody and visitation modification.

Further Information

Child support is typically calculated by a percentage of both parties’ incomes and other expenses related to the children. If you are currently going through a divorce and have concerns about receiving or paying the correct amount of child support, give us a call. Our Child support attorneys have helped many Alpharetta residents receive a suitable amount of child support. 

Child support payments can be arranged by a mutual agreement between the parents however, we advise anyone going through a divorce, legitimation or modification of child support to consider determining child support payments with the help of any attorney

 

Child support is calculated differently in every state.  In Georgia, a number of factors are taken into account when determining the amount of child support that is in the best interest of the child. 

 

The following points are all factors that allow the judge to determine child support payments:

 

  •  If a child has excessive medical expenses
  • Income of both parents who will have parenting time with the child or children 
  • The cost of health insurance and work related day care expenses

Georgia uses the income share method to calculate basic child support. With this model, the court looks at the financial situation of both parents. 

 

Under the income share model, the Georgia courts use economic data to estimate the monthly cost of raising children prior to divorce. The non-custodial parent will pay a percentage of the calculated cost that is based on their proportional share of both parents’ combined income. 

 

Calculating the income or financial situation of the parents can be a daunting task, especially if one or both parents are self-employed or have business interests. In some child support cases custodial parent(s) may request the use of a forensic accountant to uncover any hidden income or calculate income based on expenses of the other party..

 

The gross income of both parents shall include income of any source, before taxes and deductions, and includes (but is not limited to) the following:

 

  • Salaries
  • Commission, fees and tips 
  • Overtime
  • Income self-employment
  • Bonuses
  • Interest and dividend income 
  • Disability or retirement benefits
  • Alimony
  • Unemployment insurance benefits
  • Workers compensation benefits
  • Assets 
  • Other income 

 

It is important to have an experienced and competent child support attorney by your side that is familiar with child support calculations. 

 

Child support cases can get quite complex, depending on the gross income of the parents, whether a parent is self employed and other various factors stated above. If you have any doubts about your child support case, contact us. We will fight for you.

Modifications to child support can be made if there has been an increase in expenses concerning the child or if the opposing parent has had an increase in income since the child support payment was last determined by the Georgia courts. If you are struggling to support your children or feel that you are paying too much, reach out to us and we will help you recalculate your child support payment.

Georgia law allows a party to file a modification of child support once every two years or when there is a significant change in circumstances. A significant change in circumstances can include a loss of a job or other income or a significant increase in income through a raise or promotion. If you are paying child support and have suffered a job loss, you may petition the court for a reduction in child support.

 

You may also ask for an expedited hearing. Unless you request an expedited hearing, you may have to wait months to obtain an order reducing your child support.

You may file a modification of child custody if:

 

  • One parent wants to move out of state or a distance that makes it impractical to follow the current parenting plan
  • A parent’s new significant other is causing harm to your child or children 
  • If a change in jobs allows the non-custodial parent to spend more time with the child. 
  • If a child over 14 makes an election to spend more time with the non-custodial parent

One reason to request a modification of custody is simply because one of the parents plans to move far enough away from the other parent to make the current parenting plan impractical. In Georgia, there is no law that prohibits one of the parents from moving out of state if they wish to retain custody of their children. Although a Court cannot prevent a parent from moving , a Court is allowed to Order the children stay in Georgia or custody change to the other parent.Just like with child custody, the Georgia courts determine what is in the best interest of the child. If you or the other parent are choosing to move out of state , the courts will evaluate the situation and determine what is in the best interest of the child.

 

When it comes to visitation and custody modification you should always consult an attorney to help guide you through the process. Our firm has helped many Alpharetta residents modify their custody and visitation rights. Contact us for more information on custody and visitation modification.

Specialized Legal Team

Marcy A. Millard

Marcy A. Millard

Owner & Lead Attorney
Brittney Green

Brittney Green

Associate Attorney

Adoption Attorneys Alpharetta Georgia

Supporting You Throughout the Adoption Process

Are you considering adopting a child and adding to your family? Or are you interested in adopting your partner’s or spouses child to make them legally your child in the eyes of the law? In order to adopt a child, their biological parents must have already had their parental rights terminated. If a child is in the system and you are going through the traditional adoption process, this is already the case, but it may not be so in other more complex adoptions.

Providing Legal Guidance for Adoption

Working with an adoption attorney can help make the process less stressful and help you get closer to giving a child in need a safe home. If you are prepared to take the next step, you should hire an Alpharetta family lawyer on your side to guide you through every step of the process. At The Millard Law Firm, we have years of combined experience guiding potential parents through the adoption process. We are highly knowledgeable about adoption law and the most efficient way to navigate your case.

Different Types of Adoption

There are many different types of adoption which we have handled throughout the years we have been in practice. We understand the complexities of adoption and how to most effectively address any issues which can arise. You can rely on our compassionate and knowledgeable Alpharetta adoption lawyer to support and guide you.

We offer representation for a wide range of adoption cases, including:

Arrange a Case Consultation Today

Are you in need of legal advice from an Alpharetta adoption attorney? We are prepared to answer all of your questions. Schedule a consultation to discuss your needs and learn how we can help by calling our office today at (678) 319-9500.

Specialized Legal Team

Marcy A. Millard

Marcy A. Millard

Owner & Lead Attorney
Brittney Green

Brittney Green

Associate Attorney