Family Law Attorneys in Roswell, GA
Family Law in Roswell, GA: Everything You Need to Know
If you’re a part of the nearly 2.5 out of 1,000 getting divorced, you’re applying family law. But do you get child custody? And who fights for your parental rights?
We do. The first step in fighting a nasty divorce or bitter separation case is to read this article. Understanding the basics of family law goes along with securing your parental rights.
And if you gave up a promising career to raise the kids, you’re entitled to alimony. Yes, it’s not fair that after a divorce, you have to start over without a cent. So, be fair to yourself and read this family law guide.
In Roswell, the family law attorneys at Hobson & Hobson, P.C. have helped clients in throughout Georgia navigate challenging issues and find amicable solutions. As the leading Roswell family and divorce law team, Hobson & Hobson has assisted hundreds of clients find the best outcome to legal issues impacting their families.
If you’re facing legal issues, the Alpharetta family law attorneys at Hobson & Hobson can help. For a consultation, call our law firm at 770-284-6153.
The Basics of Family Law
Family Law centers on divorce matters-especially alimony payments and parental rights. But family law also focuses on how the care and welfare of your children.
Family law also extends to child support payments. If you can’t keep up with your child support payments, read our blog for tips. Family law also works in these vital affairs.
- Juvenile delinquency
- Surrogacy
- Spousal and child abuse
- Adoption
If your child is a minor and faces a criminal charge, family law handles it. However, depending on the crime’s severity, the court might decide otherwise.
States like Georgia require law officials to read minors their Miranda rights before questioning. But, if the law tries to question your child, it’s time to involve one of our attorneys.
The Types of Custody and Visitation
In Roswell and throughout Georgia, there are two ways to decide custody arrangements when a couple divorces or separates. In many cases, the parents will agree regarding custody and visitation on their own, and this agreement is then put into writing and officially signed by both parties.
If parents cannot agree on custody and visitation particulars, then the judge will step in and decide the best arrangements for the child’s interests.
Georgia law recognizes two types of custody:
- Physical custody
- Legal custody
Family Law for Divorce
If, after legal separation, you agree to divorce, our firm can guide you. Divorce can be emotionally taxing for you and your kids. If you’re not sure how to approach this subject, perhaps this divorce guide can help.
Georgia, like most states, has no-fault divorce laws. Simply put, either you or your spouse is free to contact our family law lawyers for divorce procedures.
However, provable reasons, like physical or verbal abuse and infidelity, carry more legal weight. If you’re seeking a divorce on the grounds of infidelity, you’ll need evidence to back it up. How you get, this evidence helps to determine if the affair remains private.
Of course, you can hire a private investigator to look into the affair. But, whatever evidence they gather is subject to public disclosure. However, the issue remains private if a law firm hires a private eye for you.
Starting Divorce Proceedings
Your first move for divorce is to file a complaint. A divorce complaint officially notifies your spouse that you’re seeking a legal divorce. This divorce complaint also stipulates things like alimony and child custody.
But first, consult with us to file a contested or uncontested divorce complaint. A contested divorce is in order if there aren’t mutual agreements for parental rights or alimony. It is also in order if only you’re the only one that wants to divorce.
An uncontested divorce works when you and your spouse agree to a divorce. And also if you both have deals for parental rights, assets, and more. We recommend seeking a family law lawyer even if you and your spouse have an agreement.
Legal standing on alimony and child custody can help prevent future legal battles. Also, our family law firm can assist you in out-of-court settlements. An out-of-court settlement might be a cheaper route-especially with complex assets and estates.
An out-of-court settlement saves you legal expenses and the anguish of going to trial. It can also spare your children pain.
Alimony and Financial Settlements
The state of Georgia doesn’t automatically guarantee you alimony. If you’re unable to support yourself after a divorce, alimony is in order. Georgia’s courts also base alimony on these factors:
- Each spouse’s assets
- Lifestyle
- Income prospects
All Georgia alimony agreements are subject to change. If your or your spouse’s circumstances change, a new alimony agreement might be necessary. Not paying alimony might leave you with a suspended driver’s license and jail time.
Parental Rights and Child Custody
One of the unfortunate divorce consequences is child custody. And nearly 90% of child custody cases favor mothers. But that doesn’t mean as a father you don’t deserve parental rights.
Family law courts factor in your child’s stability and environment in these matters. Our attorneys can assist in arranging mutually beneficial child custody arrangements.
Even when a satisfactory child custody agreement exists, it might have to change. For example, you or your ex moving out of state can impact your child custody agreement. Here are some other factors that might change your child custody pact:
- Re-marrying
- Child abuse
- Drugs and criminal activity
- Domestic violence
If you’re the one with child custody you must continue to give your child the care it needs. Failure to do so might mean involving a family law court. And not to be overlooked is your mental state.
If you’re a mentally unfit parent, you might lose child custody. Also, criminal behavior and drug use might result in you losing parental rights. The same goes for alcohol abuse.
If you have parental rights, you are entitled to see your child. But bitter ex-spouses might try to turn your child against you. You can read more about how serious parental alienation can become.
But, sometimes it’s neither yours or your ex’s fault. For example, your child might prefer to be with the other parent. For the emotional sake of your child, it might be wise to modify the child custody agreement.
Grandparental Rights
As grandparents you can also use family law for visitation rights. Unlike your biological kids, you must submit a visitation order to the court. If you’re an immediate family member, visitation orders also apply.
Family Law for Child Support
Georgia requires you to pay child support if you don’t have child custody. A child support worksheet helps you calculate the child support. It considers these crucial factors:
- Monthly income
- Health care costs
- Daycare costs
If you’re paying child support and your financial circumstances, notify our family law attorneys immediately. Missing child support payments might mean jail time. You might also have your wages garnished.
More on Family Law
We know that the divorce process is never easy. But our family law firm is here to support you. We have offices throughout Georgia to help you in parental and child custody cases.
Our dedicated staff can also help same-sex couples with family law. We can also assist you with prenuptial and post nuptial services. Our firm expertly assists you with legal separation matters.
Call us today for your family law needs. You can schedule a call back from us. We can also send an associate to come to you.
Contact Hobson & Hobson Today to Talk to
Experienced Family Law Lawyers in Roswell, Georgia
At Hobson & Hobson, we know that working through a divorce and handling family law issues can be challenging. We bring our extensive experience dealing with family law issues to every case involving children.
For more information or to reach knowledgeable Roswell family lawyers today, visit our law firm website and fill out our contact form. Or you can call our Roswell office at (770) 467-3275.
