Family Law FAQs by Topic

Georgia courts use the "best interests of the child" standard. Factors include each parent's home environment, ability to provide care, the child's relationship with each parent, and the child's adjustment to school and community. There is no gender preference. See our child custody practice page for full detail.

Georgia courts may consider a child's custodial preference once the child reaches age 11. When a child turns 14, the court generally gives that preference significant weight and will ordinarily honor the child's selection unless doing so would not be in the child's best interests.

A Georgia parenting plan outlines legal custody (joint decision-making) and physical custody (a detailed visitation schedule, often with the child spending alternate weekends and parts of holidays with each parent). For Forsyth County cases specifically, we build plans that account for Forsyth's procedural posture, where mediation is generally required before most hearings.

A new partner alone is rarely grounds for full custody in Gwinnett County. The court would need evidence that the new partner poses a direct harm to the child's welfare, affecting the child's best interests.

You must file a petition to modify custody in the county that issued the original order. A material change in circumstances, like a parent's relocation that significantly impacts the current schedule, is required for the court to reconsider.

Under Georgia law, mothers and fathers have equal rights in a custody determination. The court's decision is based solely on the child's best interests, not gender. An unmarried father must first establish legitimation to claim custody rights. See our father's rights blog for full discussion.

Georgia uses a statewide formula. The court combines both parents' gross incomes, applies the state's guideline schedule based on the number of children, and prorates each parent's share based on their percentage of the total income. Deviations can occur for health insurance, childcare, extraordinary expenses, and parenting time. Full discussion at our child support calculation blog.

Yes. Involuntary job loss in Alpharetta is typically considered a material change in financial circumstances. You must file a petition for modification in the issuing court (e.g., Fulton County) to have the support amount legally recalculated based on your new income.

In Fulton County, you can file a contempt of court action. Penalties can include wage garnishment, driver's license suspension, interception of tax refunds, passport denial for significant arrears, and even jail time for willful nonpayment. The Georgia Department of Human Services Child Support Services can also assist with enforcement.

Standard Georgia child support guidelines do not automatically include private school or college tuition. These expenses can be addressed in your settlement agreement or argued as a deviation from the guidelines based on the child's established lifestyle and both parents' ability to pay.

In Georgia, child support typically ends when the child turns 18 (or 20 if still in high school). It can also terminate upon emancipation, marriage, or death of the child. For Gwinnett County orders, the obligation is strictly enforced until one of these events occurs.

Georgia judges consider factors like the duration of the marriage, the standard of living during the marriage, each spouse's financial resources and needs, and the contributions of each party (including homemaking). The primary goal of spousal support is generally rehabilitative, helping a dependent spouse become self-sufficient.

Temporary alimony (alimony pendente lite) is for support during the divorce process. Longer-term or indefinite alimony is generally awarded in long-term marriages (often 20+ years) where one spouse lacks the ability to become self-supporting due to age, health, or a long absence from the workforce.

Yes, if the Fulton County alimony order is modifiable by its terms. Modification requires a material change in financial circumstances (e.g., job loss, retirement). Alimony typically terminates upon the remarriage of the recipient or the death of either party.

For divorce agreements finalized after December 31, 2018, alimony is not taxable to the recipient and not tax-deductible for the payor, according to federal law, which applies in Georgia. For older agreements, the previous tax rules may still apply.

For long-term marriages (e.g., 20+ years) in Gwinnett County, the duration of alimony is often tied to the length of the marriage. It is not uncommon for a court to award support for a period equal to one-third to one-half the length of the marriage, or in some cases, indefinitely.

A business owned by either spouse is subject to valuation. We work with forensic accountants and business valuation experts to determine fair market value. The portion attributable to marital effort during the marriage is typically subject to equitable division. See our high-asset divorce practice page.

Yes, asset concealment happens. Through discovery, subpoenas, and forensic accountants, hidden bank accounts, undervalued businesses, and transferred property can be uncovered. Judges may award a larger share of assets to the wronged spouse or hold the concealing party in contempt. We have exposed hidden assets in multiple high-asset divorces across North Atlanta.

Stock options and Restricted Stock Units acquired during marriage are typically marital property subject to equitable division. Valuation depends on vesting schedule, strike price, and current market value. We work with certified divorce financial planners who specialize in equity compensation.

A Qualified Domestic Relations Order is a court order required to divide a 401(k), pension, or other qualified retirement plan in a divorce. Without a proper QDRO, dividing the account triggers significant taxes and penalties. We ensure QDRO requirements are properly addressed in your settlement agreement, then coordinate with a QDRO specialist to draft the order for court approval.

Yes. Prenuptial agreements are enforceable in Georgia when properly drafted with full financial disclosure, voluntary signing, and fair terms at the time of enforcement. They can protect separate property, define spousal support terms, and clarify expectations entering marriage.

A Georgia prenup can dictate the division of property and assets, spousal support, and debts. It cannot set terms for child custody or child support, as those are determined by the court based on the child's best interests at the time of any divorce.

No, it is not too late. Postnuptial agreements can be created any time during a marriage, including after having children. The agreement still cannot predetermine issues of child support or custody.

A standard prenuptial agreement at Tannen Law Group is $3,000 flat fee with first draft delivered within 5 business days. Prenup review is $1,500. Complex agreements involving substantial assets, business interests, or multi-jurisdictional considerations may require a separate engagement.

No. Any clause in a Georgia prenuptial agreement attempting to predetermine child custody or visitation is unenforceable. These decisions are always made by a judge at the time of divorce based on the current best interests of the child.

Mediation is a voluntary or court-ordered process where a neutral third party helps both spouses reach an agreement. Litigation is an adversarial court process where a judge makes binding decisions. Mediation is generally faster, less expensive, and offers more control over the outcome.

It depends on the county. Fulton County requires mandatory mediation in contested family law cases. Forsyth County generally requires mediation before most hearings. Gwinnett County does not require mediation for temporary hearings but generally requires it prior to a final hearing.

Yes. Once a child custody agreement is reached in mediation and incorporated into a court order by a Fulton County judge, it becomes a legally binding part of your divorce decree, just like a litigated outcome.

Absolutely. Most North Atlanta area courts (Fulton, Gwinnett, Forsyth) actively encourage or order parties to attempt mediation even after litigation has begun. It can help settle some or all issues, potentially avoiding a costly trial.

If mediation fails, your case proceeds with litigation. The discussions in mediation are confidential and cannot be used in court. Your attorney will then prepare to argue your case before a judge in your county court.

You must file a Petition for Modification in Gwinnett County Superior Court. You must demonstrate a material change in circumstances affecting the child's welfare since the last order.

Contempt of court is a willful failure to obey a valid court order (e.g., not paying support, denying visitation). Penalties for contempt can include fines, attorney's fees, and even jail time until the violating party complies with the order.

Georgia's order can be enforced through the Uniform Interstate Family Support Act (UIFSA). You register the Fulton or Forsyth County order in the new state, where local authorities will enforce it. Your attorney can initiate this process and work with agencies in both states.

A material change in financial circumstances that is not temporary, such as involuntary job loss, disability, a significant increase in the payor's income, or the recipient's cohabitation, may justify modifying an alimony order in Georgia.

A modification case in Forsyth County typically takes 3 to 6 months, depending on court docket schedules and whether the other parent contests the change. If both parents agree, it can be resolved more quickly through a consent order.

A biological father must file a petition for legitimation in the superior court of the county where the child resides. If granted, it establishes his legal fatherhood, granting rights to seek custody and visitation and obligating him for child support.

Paternity (or Acknowledgment of Paternity) establishes the biological father for purposes of child support. Legitimation is a separate legal action that grants the father full parental rights, including custody and visitation.

A mother can oppose a legitimation petition in Fulton County, but she cannot simply "block" it. The father has the right to a hearing where a judge will decide based on the child's best interests. The mother's opposition is one factor the judge considers.

After legitimation, you gain the right to seek custody and visitation, the right to have your surname given to the child, the right to object to adoption, and inheritance rights. You also assume the responsibility for child support.

Legitimation representation at Tannen Law Group begins with a $10,000 retainer with hourly billing subtracted from the retainer. The total cost depends on whether the petition is uncontested or contested, requiring hearings and potentially a home study.

You can file a petition at the Gwinnett County Detention Center / Court Annex (2nd Floor) at 2900 University Parkway in Lawrenceville. After filing, the petition is docketed by the Superior Court Clerk and reviewed by a Superior Court judge. If a judge finds immediate danger, they can issue an ex parte Temporary Protective Order (TPO) the same day. A hearing is typically scheduled within 30 days. Tannen Law Group provides urgent, flat-fee TPO representation to help you take this critical first step safely.

A TPO is an emergency order lasting up to 30 days. After a hearing, a judge can issue a 12-Month Protective Order, which lasts up to one year and is renewable. Our protective order attorneys guide clients through both processes.

Yes. Willful violation of a custody order is contempt of court. You must file a motion in the issuing county (e.g., Fulton or Forsyth). Tannen Law Group attorneys are skilled in contempt actions, working to enforce your rights and hold the other parent accountable to restore your parenting time.

Strong evidence includes police reports, medical records, photographs, threatening messages, and witness statements. Documentation is crucial. Our firm helps gather and present this evidence compellingly in Fulton County courts. Contact us for a confidential consultation to discuss protecting your safety.

Johns Creek is in Fulton County. A TPO in Fulton County is effective for up to 30 days or until the court hearing. At the hearing, you must argue for a longer order. Our Johns Creek TPO attorneys prepare you thoroughly to advocate for the continued protection you and your family deserve.