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Separation Of Martial Assets in Alpharetta, GA
Property & Debt Division
Whether you have been married for 30 years or 10, it is likely you will have to divide assets and debt during your divorce that may require complex calculations and creative thinking. Additionally, if you owned assets prior to your marriage or contributed pre-marital money to a marital residence, separating your marital estate may be even more complex.
Protecting Your Assets in Divorce
At The Millard Law Firm, we understand the stress that divorce can bring to all parties involved. Whether you are concerned about keeping very specific assets or property or you simply want to ensure you get your fair share, our firm is here to help. We are committed to protecting your assets and ensuring your spouse does not try to take more than what is fair or hide assets from you during the divorce process.
A few examples of marital property that is divided in divorce include:
- Cars and real estate
- Stocks, bonds, and investment
- Financial assets
- Pension and retirement funds
- Businesses and business interests
We have extensive experience valuing marital property and representing divorcing parties in the property division process. Regardless of whether you have significant assets or a small estate, consulting with a qualified Alpharetta divorce lawyer is in your best interest. We are dedicated to protecting your rights throughout every step of your divorce.
High Asset Divorce
In Georgia the courts attempt to distribute assets in a “fair and equitable way” during a divorce. However, this does not mean that all your assets will be divided evenly since they will be valued separately. The courts take into consideration who the original owner was. High asset divorce cases can be very and instese complex cases. In these cases one spouse has a higher financial standing than the other, this can make the spouse on the opposing side very tenacious to obtain partial or full ownership of all assets.
If you are divorcing and have highly valuable assets on the line, reach out to one of our attorneys immediately!
Our Alpharetta divorce lawyers have vast experience handling high conflict legal cases that include the division of high net worth and retirement accounts. We dig into the technicalities of your case and analyze the different factors that may affect the decision-making.
Division of marital property & Debt Allocation
What qualifies as a marital asset? Cars, real estate, stocks, bonds, investment, financial assets, pension, retirement funds, businesses, and business interests can all be considered marital assets subject to division during divorce. Separation of marital property can be a very complex procedure requiring calculations and creative thought. The complexity depends on whether or not you’ve owned assets before marriage.
Debt Allocation in Georgia
Debt allocation refers to the division of marital debt during a divorce. Much like separation of assets, debt that has been acquired during the marriage must also be separated upon divorce. What is considered marital debt? Marital debt refers to the sum of debt acquired during a marriage. Debt acquired before marriage from either spouse is considered separate debt.
In Georgia there is no set way that marital debt is divided. Each case is different and there are various factors that determine how that will be allocated during divorce. Spouses responsible for accumulating most of the debt during the marriage, current income, and ability to repay the debt are all factors that a judge will use in order to make a ruling over how the debt will actually be separated.
Arrange a Case Consultation Today
Without the support from a skilled family law firm, parties could give away equity that is actually their own separate property or assume a debt that is not their responsibility. Whether you have many assets or too much debt, please feel free to contact The Millard Law Firm today at (678) 319-9500 for a case consultation.
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Alimony/spousal support in Georgia
Alimony meaning: Alimony is the legal obligation of one spouse to provide financial support to the other during a divorce. The amount and duration of alimony payments depends on the length of the marriage in addition to lifestyle and a parties financial contribution to the marriage.
In the state of Georgia there is no guarantee that you will receive alimony or be obligated to pay alimony during a divorce. There are many factors that determine whether or not alimony will be awarded some of these include adultery, abuse or abandonment during marriage. Your entitlement to alimony depends on a few factors such as your ability to pay and the payees entitlement to the alimony payment.
The distribution of alimony during a divorce case can be complex. If you’re curious whether or not you will be able to receive alimony or be required to make alimony payments, schedule a consultation with us. We will make sure you have the best possible outcome concerning alimony whether you are the payer or the payee.
How Are Alimony Payments Determined in Georgia?
Our Alpharetta divorce attorneys and legal team understand how difficult a divorce can be, both emotionally and financially. If you depended on your spouse to support you to any degree, you may be concerned about paying the bills. Alimony is based on the payer’s ability to pay and the payee’s need for support. Our priority is to gather sufficient evidence to show that you are in need of spousal support payments in order to urge the court to make a decision that benefits you.
Courts evaluate several factors such as:
- The current lifestyle and expenses of each party.
- The ability for each party to earn income in the future
- The length of the marriage
- Each party’s bills after the divorc
- The separate assets of each party that are not part of the marital estate
- The conduct of the parties
Navigating the Complexities of Alimony
Because alimony is not required, it is always preferable if you and your spouse can come to an agreement outside of court. If the judge is left to determine whether alimony is warranted and the amount to which a party is entitled, you will not have as much control over the decision.
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Uncontested divorce in Alpharetta
During an uncontested divorce both parties come to a mutual agreement on all aspects of their divorce. There is no disagreement on separation of marital assets, child support, or visitation. Once both parties come to an agreement the final decree of divorce is written by an attorney and sent to the judge for final approval.
Filing an uncontested divorce is the path of least resistance when separating from your spouse. It will save you time, money and could potentially minimize stress for you and your family. If you and your spouse have agreed on a divorce, choosing to file uncontested will speed up the process and minimize damage.
Knowledgeable Divorce Attorneys
Successfully filing and completing a divorce or other litigation without the assistance of counsel can be complicated, at best. With child support worksheets, child support addendums, parenting plans, and the complications of selling or refinancing a home in this market, there are many complications that can make divorce confusing.
One step you can take towards saving yourself stress, time, and money, is to file for uncontested divorce. You and your spouse will need to meet with each other to come to agreements on all of the most important topics, such as children, finances, and shared property.
Importance of Hiring a Divorce Lawyer
Additionally, failing to hire counsel to protect your rights and assets can cost you thousands or tens of thousands of dollars later trying to fix this problem. Investing in your future by hiring an Alpharetta uncontested divorce attorney can help you avoid spending thousands later to fix any problems with the paperwork as you draft them.
Providing Representation & Sound Guidance
Our Alpharetta divorce lawyers are known for our commitment to our clients’ success and for providing sound legal advice every step of the way throughout a divorce. We truly care about helping you and your spouse reach agreements in the least stressful manner possible.
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Contested Divorce in Alpharetta
An uncontested divorce should always be the first option before proceeding into a contested divorce case in Georgia.
Contested divorce cases are much more complex and usually involve more stress, money and time.
A contested divorce takes place when there is a disagreement concerning assets, alimony, child support, custody, visitation, debt allocation, or any other aspect of marital separation.
Since a contested divorce happens when there is a disagreement, the future of your marital assets and custody of your children will be decided by a judge.
If you and your spouse cannot come to an agreement it is best to hire an attorney immediately. Contested divorce cases can drag on for months and require deep understanding of local and state regulations concerning divorce cases.
If you’re looking for the best divorce attorneys look no further. Our attorneys here at the Millard Law Firm know what it’s like to go through divorce. Our lead attorney Marcy Millard was a child of divorce herself. We have helped many local Alpharetta residents through high intensity contested divorce cases.
When Your Divorce Gets Complicated, We’re Here for You
When you are ready to obtain the peace of a final divorce, but are unable to come to an agreement on certain topics, you must file a contested divorce. It can be extremely stressful to go to court and fight over topics relating to your children and finances. This is why it is so important to hire an experienced attorney who can guide you and represent you in all proceedings. Our legal team at The Millard Law Firm is aggressive and experienced, providing the quality representation you will need to quickly and effectively resolve your divorce.
We handle the following matters of contested divorce:
- Custody and Visitation
- Relocation
- Temporary Orders
- Child Support
- Alimony & Spousal Support
- Division of Property, Inlcuding High Asset Divorces
Professional Guidance Through the Contested Divorce Process
A contested divorce can be traumatic on all parties involved, including your children. It is imperative you select an Alpharetta contested divorce lawyer that you not only trust, but whom you are confident will be able to competently represent you. You will want to hire a firm that is familiar with Georgia family law and has also argued divorce cases before the judge deciding your case.
We can walk you through each step of the contested divorce process, including:
- Petition – Preparing, filing, and serving the divorce petition. If you have been served, we can help you respond to the paperwork.
- Discovery – Gathering information about your spouse, assets, income, and and other important details during the discovery process
- Settlement negotiations – We aggressively represent your interests during negotiation. While our attorneys are assertive when it comes to protecting our clients, we also understand the need to preserve relationships and maintain civility throughout the divorce case.
- Trial – Not all divorces end in a trial, but we are always ready to litigate if we believe it will produce a better outcome.
Our firm is familiar with how local judges interpret the laws which affect your case. Whether your case will be before a Fulton, Cobb, Forsyth, Cherokee, Hall, Gwinnett County, or other Atlanta metro area judge, we have the experience to accurately advise you whether to settle or allow the court to decide an issue.
Discuss Your Divorce During a Consultation
During your initial consultation, we can meet with you to formulate the best strategy and walk you through the process of the divorce. It is best to at least consult with our divorce attorney in Alpharetta before proceeding with a divorce so you are aware of your options.
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Divorce Lawyers Alpharetta, Georgia
The divorce process can be traumatic for most couples and families who go through it. During this complicated time, our team at The Millard Law Firm is here to be your aid. We offer immediate individualized consultation and knowledgeable representation while preserving your rights.
Our Alpharetta divorce attorneys are extremely compassionate and sensitive, especially when it comes to family cases involving child custody and even high net worth separation cases. We can provide efficient legal representation for resolving cases inside or outside a courtroom. When filing for divorce in Alpharetta Georgia, it’s important to understand all the local regulations concerning divorce.
If you’re looking for the best divorce attorney near me, look no further, you have found them. We understand all local regulations regarding divorce, but most importantly, we understand your situation. A divorce can be a very intense and emotional experience not only for both spouses but children as well. When filing for a divorce in Georgia it’s important to keep calm and consult an attorney before taking any action. Our attorneys are trained to prepare you for divorce. Click here to learn about preparing for divorce. It’s important to keep your calm as much as you can throughout this process, this will allow you to make intelligent decisions that will help your case rather than hurt it.
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Extensive expertise in :

Our Alpharetta divorce lawyers have vast experience handling high conflict legal cases that include the division of high net worth and retirement accounts. We dig into the technicalities of your case and analyze the different factors that may affect the decision-making.
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Ready to Negotiate, But Willing to Litigate
Whether you are dealing with a simple or a high conflict case, it is important to consult a knowledgeable and experienced lawyer with a passion for protecting your rights. With the right legal guidance, you will have a better chance of gaining the custody over your children and in keeping your personal investments.
We provide assistance to parties going through a divorce or other family law matters in Cherokee, Cobb, Forsyth, Fulton, and Gwinnett Counties. Let our team of divorce lawyers in Alpharetta help with all your legal needs. We can assist you in filing divorce or a separation, getting a legal representation, and even when you simply need legal advice on your unique situation.
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Tips on Preparing for Divorce in Georgia
Divorce can be a long and complex process. As with any significant life change, it is imperative to have a plan before starting the proceedings, such as understanding your current financial situation and possible custody problems.
At The Millard Law Firm, we offer knowledgeable representation and personalized solutions. Our Alpharetta divorce attorneys have years of experience protecting the interests of their clients. Let us help you start a fresh, new chapter in your life.
Planning an Exit Strategy for Divorce
Before you tell your spouse that you are seeking a divorce, there are multiple things that you must take care of first. Being adequately prepared can give you the advantage when divorce is imminent. Additionally, it will greatly help a lawyer in evaluating your case.
The following are helpful tips to create an “exit strategy” for a divorce:
- Gather and keep copies or records of relevant information, such as personal, financial, and insurance-related information.
- Protect sensitive information by privatizing important files in a shared computer and changing common passwords to files and online accounts. If you think changing your password will raise any suspicion, open a new e-mail account.
- Cut the financial ties between you and your spouse. Open and maintain a new bank account at a different financial institution. Ensure that there is enough money in the new account to support yourself and your children during divorce. Send those statements to another address. Don’t transfer funds that may belong to your spouse.
- Avoid accumulating debt. Keep your assets as liquid as possible can ensure that you have enough money to last you through and after the divorce.
- Do not alter, assign, transfer, or make a gift of marital assets that are shared by both parties. Determining which property is considered separate can be an arduous task. Trying to be sneaky by changing the ownership of assets, as well as hiding them, can be substantially detrimental to your case.
- Create a projected budget. Determine the amount of your monthly income and expenses.
- Plan for the future. If you are not gainfully employed, research ways to support yourself. If you are currently employed, make sure you remained employed. Think about where you would live once you tell your spouse about the divorce. If your health coverage is tied to your spouse or their employer, look for alternative healthcare options.
- Seek legal advice from a qualified divorce lawyer. He or she will provide you with more specific and personalized advice regarding your planning methods and what more to do.
- Break the news to your spouse. Once you have prepared yourself, it is time to tell your spouse about the divorce. While it is best to have a pleasant and civil conversation about the matter, it may not turn out that way. However, the initial conversations with your spouse often establish the tone for the proceeding divorce litigation and life after divorce. Staying positive can be extremely beneficial with settlement negotiations and knowing that you and your spouse can work together after divorce, especially if children are involved.
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Need a Divorce Lawyer in Johns Creek, GA? Let Our Team at Millard Law Help!
Going through a divorce can be one of the most devastating things. On top of the emotional burden of these proceedings, these cases also come with many financial expenses that can put even more pressure on both people.
Without legal help, divorce cases can take months or even years to resolve. Georgia has a set of guidelines everyone must follow when they want to end this type of agreement, so if you want to ensure your rights are protected each step of the way, make sure you contact a reputable lawyer.
Our team at Millard Law can guide you through the entire legal process surrounding your divorce. They can also help you make smarter decisions surrounding custody, alimony, or your assets in general.
Schedule a consultation with our divorce lawyer in Johns Creek, GA, and ensure your peace of mind in the long run.
What Does Divorce Law in Johns Creek, GA, Involve?
There are a few areas you must consider when filing for divorce. Overall, you’ll go through four of these areas:
- Child Custody
- Asset Division
- Child Support
- Alimony
If you and your partner had no children, the process could be more straightforward, although it will still place some emotional pressure on you. Even if you don’t need to deal with child custody or support, talk to one of our team members to get the help you need.
On the other hand, the typical divorce process will go through several stages, starting from the official filing of the divorce complaint. Then, you will serve the complaint, get an answer, and begin the mediation process.
Depending on the process, you may also have to go through temporary hearings and late case evaluations before the final trial. The timeline for these events will vary depending on the circumstances. Other factors could affect the outcome of your case, such as domestic violence claims, pre-nuptials/post-nuptials, and more.
As you can see, many factors surround divorce law, but with the help of our legal team in Johns Creek, GA, you can rest assured you will have all the resources to get a successful outcome in the end.
Why Is Divorce So Complicated?
The primary reason why divorce is complicated is that it involves a lot of emotions, which can affect your way of thinking. It’s normal to feel tenser than usual, especially with those couples who have been together for many years and even decades.
On top of that, you would have to deal with several legal ‘steps’ required by law, such as dividing your assets, determining child support, and more. If there was a previous agreement between the couple, the divorce might be simpler, but not always.
Overall, it takes a long time to gather all the information necessary to build a divorce case, and if you do it on your own, you’ll be more likely to miss key details that will affect your outcome.
Thankfully, the attorneys at Millard Law have all the tools you need to understand Georgia law and apply it correctly to your specific case.
How Can Millard Law Help Its Clients?
The Millard Law Firm specializes in many areas of divorce, including:
- Uncontested Divorce
- High-asset Divorce
- Contested Divorce
- Alimony
- Child Custody
- Support and Alimony
- Division of Marital Property
- Fathers’ Rights
- Visitations
- Legitimation and Paternity Process
Our legal team is ready to negotiate on your behalf for a favorable outcome as soon as possible. We’re also willing to provide litigation if this isn’t possible. We want to protect your rights and do everything in our power to do it.
Fill Out Our Contact Form and Get the Legal Representation You Need
Divorces can be difficult, but you don’t have to do it alone. Seeking legal help during these times can be the best decision to get peace of mind and a resolution as quickly as possible.
If you’re interested in what the Millard Law Firm offers, contact it today to get your case started.
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Get the Legal Guidance You Need with Our Family Law Attorney in Johns Creek, GA
Most kinds of family issues can be overwhelming, especially divorce, adoption, child custody, and others. Even if the issue gets solved, there’s a chance that you can end up with a lot of stress and financial problems.
The best way to navigate any family-related problems is by hiring a skilled negotiator and attorney who can guide you through the entire process correctly.
Our team at The Millard Law Firm is committed to building a strong case for all our clients, ensuring the best outcome possible for each situation. If you need help with your family law proceedings, schedule a consultation with us, and let’s get started!
What Areas of Family Law Does The Millard Law Firm Cover?
Due to the sensitive nature of family law cases, you need to work with a skilled legal team willing to fight for your rights in the safest way possible. We know how emotionally overwhelming these cases can be, so we’re here to help you in each step of the process.
Some of the family law areas we help our clients with include:
- Paternity
- Child Custody
- Prenuptial Agreements
- Mediation
- Contempt Actions
- Guardian Ad Litem
- Child Support
- Parenting Plans
- Adoption
Georgia law can get complex fast, especially if you don’t have an expert to help you. However, our legal team will be there for you during any negotiations you may go through, and if the case has to go to court, we’ll represent you to the best of our ability.
You don’t have to worry about experience; our team has over 14 years of experience in family law, and we’ve also completed over 800 cases. Rest assured that your case is in good hands
Why Should You Choose The Millard Law Firm as Your Trustworthy Legal Team?
Regarding family law in Johns Creek, GA, you must find a compassionate legal expert focused on helping you succeed. Many firms may only see you as another case, and while that’s valid, that approach will not be a successful one in the long run.
The Millard Law Firm comprises passionate lawyers who will work hard to get you the best outcome possible for your case. Thanks to all our years of experience, we have all the legal resources to fight.
Remember that each state has different laws surrounding family proceedings, especially delicate ones like divorce. Our team will help you understand all the legal implications surrounding your case, giving you peace of mind during the entire process.
Thanks to our approach to these legal problems, you can focus on other areas of your life while we handle the hard part of the case. As mentioned, family law is known for hitting close to home, and related cases often involve many emotions and uncertainty.
While it’s not 100% possible to prevent family proceedings from ever happening, preparing a compelling case that takes the weight off your shoulders is possible.
We will fight for you and your family or children’s best interests. Regardless of your specific need, we have a professional available to give you the answers and resources you deserve to achieve a favorable outcome.
Schedule a Consultation Today
Having legal assistance during these challenging times is essential if you want to focus on recovering financially and emotionally. If you need a family law attorney in Johns Creek, GA, you’ve landed on the right page.
Make sure to fill out our contact form or call (678) 319-9500 for more information on our services.
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Child Support Lawyers Johns Creek, GA
A Child Support Lawyer in Johns Creek, GA, Can Help You Navigate the Difficult Times
If you’re going through divorce proceedings in Johns Creek, GA, where children are involved, a child support order will be a part of the proceedings. It’s hard enough having to deal with the fact that your marriage is ending, alongside any potential asset allocation challenges.
Adding the family separation element of things and what your child(ren) must be going through compounds the difficulty of it all. That’s why you need the best possible legal representation to help you navigate these rough waters.
The Millard Law Firm boasts a team with over four decades of experience and has demonstrated success in helping our clients through a passionate approach. Schedule a consultation with us today to begin talking about your child support case.
The Challenge of Child Support and Custody Matters
Of all the negotiations that form a part of a divorce, the child support and custody element of things tends to present one of the most significant emotional challenges, which, of course, is one of the many things you must deal with.
US census numbers indicate that the total child support agreed to during divorce is received by less than 45% of custodial parents. Of course, The Millard Law Firm is dedicated to ensuring that the ruling is fair and that the full extent of financial support is received.
Regardless of the tough time the parents are going through, the most important thing here is a sense of normalcy and care for children. Our job is to ensure that we adequately handle the legal side of things and provide support where necessary to help you navigate the mental layers.
How Does a Child Support Lawyer in Johns Creek, GA Help Me?
Our job is to ensure that our clients in Johns Creek are thoroughly advised of their options and that a suitable amount of child support is received to care for the children involved.
Sometimes, it’s about something other than receiving or calculating child support. You may require changes based on circumstance differences or even a custody modification.
An experienced, passionate, and competent team of attorneys is here to help you get the best possible outcome.
Is Calculating Child Support Difficult in Georgia?
Georgia courts take several things into account where child support calculations are concerned. These include the parent that will have primary custody, the child’s financial needs, how much each parent earns and the current education level/employment circumstances of each parent.
There are also the matters of special needs that the child may have, assets that form a part of the separation process, etc. There’s a spreadsheet that judges will use to come to a consensus on the amount of support the child will need.
It’s in your best interest to be represented by a child support lawyer familiar with these calculations.
How Hard Is It to Modify a Child Support Agreement to Align with Significant Circumstance Changes?
Once every two years or if there’s a significant circumstance change, Georgia law allows for child support modifications. The need for this kind of proceeding can come from job loss, considerable income increases, etc.
Speak to your attorney to determine the requirements for such a proceeding and if you need an expedited hearing.
Do You Need a Child Support Lawyer in Johns Creek, GA? Schedule a Consultation with the Millard Law Firm Today!
Worrying about child support allocations is tough to handle alongside existing divorce matters. Lean on the support and expertise of The Millard Law Firm, as we are committed to providing the best results for our valued Johns Creek clients.
Schedule a consultation today by calling us at 678-319-9500.
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 Johns Creek 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 Johns Creek residents modify their custody and visitation rights. Contact us for more information on custody and visitation modification.