Frequently Asked Questions
What is a boutique family law firm?
A boutique family law firm is a specialized law firm that focuses exclusively on family law matters including, family relationships, marriage, divorce, child custody, child support, spousal support, property division, domestic violence, adoption, and other matters directly connected to family dynamics.
A boutique law firm is fundamentally more attentive to each client than a traditional law firm. Clients can expect frequent communication with their legal team.
At a boutique family law firm, clients can expect individual and customized strategies to address their unique needs and circumstances.
What is mediation?
Mediation is a valuable process for resolving disputes, including divorce and family law matters.
These are some key reasons to consider mediation:
- Neutral Mediator: A mediator facilitates communication and negotiation without the power to impose decisions, helping you find common ground.
- Empowerment: With mediation, you have control over the outcome, working together to reach an agreement that suits both parties’ needs.
- Tailored Solutions: Mediation allows for unique and flexible agreements tailored to your specific situation, unlike court-imposed orders.
- Time and Cost Savings: Mediation is often quicker and more cost-effective than litigation, requiring fewer sessions.
- Legal Counsel: While optional, consulting with an attorney during mediation can provide legal advice and protect your rights.
- Voluntary Participation: Parties can voluntarily choose mediation before or during legal proceedings.
Mediation can be an effective and amicable way to resolve disputes and can lead to more satisfactory and sustainable outcomes for all parties involved. At Tannen Law Group, we will evaluate your case and determine if mediation is the best option for you.
How is child custody determined in Georgia?
Child support in Georgia is determined using the Georgia Child Support Guidelines, which establish a fair child support amount based on various factors and income information. Here’s an overview of how it works:
Income of Both Parents: The gross income of both parents is considered, including salaries, wages, and other financial resources.
Basic Child Support Obligation: The noncustodial parent’s adjusted gross income is used to calculate the basic child support obligation.
Additional Expenses: Additional expenses such as health insurance premiums, work-related childcare costs, and extraordinary expenses may be factored in.
Shared Custody: If parents share physical custody, the guidelines may be adjusted accordingly.
Income Deviation: In some cases, the court may adjust the child support amount based on specific factors or circumstances.
It is essential to provide complete and accurate financial information during the child support determination process. Additionally, if circumstances change, such as a change in income or custody arrangements, child support orders may be modified to reflect these changes. At Tannen Law Group, we will work closely with you to ensure that child support is calculated fairly and in accordance with state laws and guidelines.
How is child custody initially determined?
The initial determination of child custody depends on whether parents reach an agreement or the court intervenes. Here’s what you need to know:
Best Interests of the Child Standard: Custody decisions are based on what is in the child’s best interests.
Parental Agreement: If parents agree on custody, the court will generally accept the arrangement.
Factors Considered by the Court: When parents disagree, the court considers various factors including work schedules, living environments, parental capacity, and any relevant concerns.
Custody Evaluator and Guardian Ad Litem: The court may appoint professionals to assess family dynamics and make recommendations.
No Presumption for Mother: There is no legal presumption for awarding custody to the mother; decisions are based on the best interests of the child.
Legal representation and the involvement of professionals like custody evaluators and guardian ad litems can help streamline the process and ensure that the court has a well-informed basis for making a custody recommendation. At Tannen Law Group, we will work with you, the guardian ad litem, and when possible, the opposing party and opposing counsel to not only minimize financial impact but also place you and your child in a situation where your relationship can flourish.
What is a guardian ad litem?
A Guardian ad Litem (GAL) is a court-appointed advocate for children in legal proceedings, focusing on their best interests. Here’s what a GAL does:
- Investigation and Assessment: Conducts thorough investigations and interviews to understand the child’s situation.
- Advocacy: Advocates for the child’s well-being, safety, and development.
- Recommendations: Prepare reports with recommendations for child custody and visitation.
- Court Appearance: Provides testimony and supports recommendations in court.
- Child’s Rights: Ensures the child’s rights are protected throughout the legal process.
- Mediation: May assist in mediation to reach agreements benefiting the child.
- Objective and Neutral: Maintains objectivity and neutrality in advocating solely for the child’s welfare.
At Tannen Law Group, we will work with our clients to recommend an evaluator or guardian ad litem suited to address their specific needs and understand the complexities of their unique situation
Can custody be modified?
Yes, child custody can be modified, but the court considers several key factors before making any modifications to the existing custody arrangement. Here’s what you need to know:
- Material Change in Circumstances: You must show a significant and material change in circumstances that affect the child’s welfare.
- Best Interests of the Child: The court assesses whether the proposed modifications are in the child’s best interests.
- Post-Initial Custody Award Changes: Changes must have arisen after the initial custody order.
- Factors Considered by the Court: Changes in living conditions, parental behavior, and the child’s age and preferences, among other factors, are considered.
- Fitness of the Parents: The continuing fitness of a parent is always a significant consideration.
- Legal Assistance: Seeking a modification of child custody is a complex legal process that requires an experienced family law attorney.
It is essential to consult with a family law attorney in your area who can guide you through the process and help you understand the relevant laws and procedures that may or may not apply to a change in custody for your child(ren). The child’s best interests must remain the focal point of any custody modification request. At Tannen Law Group, we will assist you in evaluating whether these key points for a change in custody have been met, what the child’s best interests are, and how to best pursue your desired custody alternatives.
What if my former spouse doesn’t follow court rulings?
Dealing with a former spouse who doesn’t follow court rulings can be challenging. Here are the key points to understand when facing this situation:
- Contempt of Court: This legal action can be taken when an individual willfully fails to comply with court orders, such as child support or parenting plans.
- Sanctions for Contempt: Sanctions can include income withholding, payment of legal fees, license suspension, or even imprisonment for extreme cases of non-compliance.
- Establishing Willfulness: It’s crucial to prove that the failure to comply was deliberate and intentional.
- Gathering Evidence: Document any violations or non-compliance to build a strong case for contempt.
- Legal Representation: Seek the assistance of an experienced family law attorney to navigate the legal process and represent your interests in court.
- Alternative Dispute Resolution: Consider mediation or negotiation before pursuing a contempt action to address non-compliance issues.
It is important to consult with an attorney who specializes in family law to determine the best course of action. At Tannen Law Group, we will guide you through the legal process and present your case in court, if necessary.
Can I receive child support and/or alimony while my divorce is pending?
During pending divorces, it is possible to receive child support and/or alimony through temporary orders issued by the court. Consult a family law attorney in your area to guide you through the process and understand the applicable laws. Tannen Law Group can assist you in obtaining temporary financial support during divorce proceedings.
Contact our experienced lawyers at Tannen Law Group today. Call 470-826-0359 to schedule a consultation.