How Co-Parenting Apps Like Our Family Wizard Can Ease Child Custody Tension

Divorce happens because people cannot get along and benefit from living a life separate from each other. When there are children involved, that process becomes more challenging and often results in the need for enhanced communication strategies that can streamline the way people interact.

Most parents want to support their children’s best interests, but the thought of texting an ex and having to be nice is challenging. That is when co-parenting apps can offer a viable solution. A variety of options exist, and you should choose one that works for your needs.

At Attorney Sharon Jackson LLC, we take pride in creating results for our clients. If your child’s other parent is not willing to follow the rules set or you need to seek legal guidance, do not hesitate to reach out to us for help.  

Consider Our Family Wizard

There are numerous tools available that aim to provide individuals with help and guidance in managing the day-to-day tasks they have to accomplish. One of the most highly recommended tools for co-parenting is an app called Our Family Wizard. It is easy to use and designed specifically for overcoming the challenges of managing co-parenting. It allows you to share your parenting schedule, even documenting the expenses you have for your children. Most importantly, though, it allows you to communicate without having to interact hand-in-hand as you traditionally would.

Our Family Wizard has received a lot of positive attention in recent years. Numerous celebrities have been vocal about using it, including Bethenny Frankel and Jeff Lewis, both of whom have high conflict and on-going child custody battles to manage.

Why does Our Family Wizard work so well in hostile, toxic, and high-conflict situations?

Our Family Wizard is one of numerous types of co-parenting apps, and each one has different features that make it an important consideration. When it comes to contentious child custody, there is no simple way forward, but if both parents can agree on using an app like this, you eliminate a great deal of that hostility that comes through text messages or phone calls with an ex you do not want to speak to.

When it comes to child custody, make sure you understand the rules put in place by the court. These rules provide a structure that must be followed and, if they are not, that means you could be held accountable.

How to Incorporate Co-Parenting Apps into Your Experience

The first hurdle that many people have to overcome in a situation like this is getting the other party to agree on the process. Apps are used everyday by most smartphone users. This particular app is not invasive and offers ample privacy settings. It is also very easy to use, cutting out a lot of the hassle.

To encourage your ex to use the co-parenting app, consider these tips:

You cannot always force someone to use an app like this. When you work with our Gwinnett County family lawyer, though, we will provide you with guidance in using such apps and how to incorporate them into the agreements you create with your ex. If you are just going through divorce in Georgia, it is a good idea to consider these types of tools heading into the courtroom so you can make them a formal part of the agreement  you have with the court and the other parent.

Do Not Wait to Get Help If You Are Struggling With Child Custody

Family law is complex. While you may want to do what you can to come to an agreement and work out the details, you must abide by the court’s rules. In many cases, that means you need to ensure you have a well-documented legal case that outlines the difficulty you have had with your ex. In child custody matters, you need an attorney to guide you, and we can help you. If you are in a high conflict divorce in Georgia, reach out to us now to discuss your options.

Schedule a Consultation With A Georgia Child Custody Attorney 

Take child custody conflict seriously to protect both you and your child. If you are struggling with co-parenting, reach out to Attorney Sharon Jackson LLC now to learn more about how we can help you create a better outcome for you and your child. We will work closely with you to find a solution that can support your specific needs. Do not hesitate to call us at (678) 436-3636 to set up a case review today.

We are not affiliated with this software or any other parenting apps, but I love Our Family Wizard and recommend it at least once a week! No program is perfect, but this is a good start. My favorite features are the tone meter that lets you know when communication is becoming uncivil, the calendaring feature that allows you to track the actual amount of parenting time that you exercise, and the ability to add your attorney or the judge to the app.  

Divorce and Stay-at-Home Moms: 
What You Need to Know in Georgia

Stay-at-home mothers do not have to feel as though they must remain in a failing marriage, especially if their health, mental well-being, or safety is at risk. Though it can seem frightening, especially if you have not worked in a long time, to leave the financial stability present, there are a variety of reasons to still move forward. At Attorney Sharon Jackson LLC, we work closely with stay-at-home moms in Georgia who are ready to leave a marriage no matter the circumstances and provide the best path forward for their family.

Financial Realities of Divorce for Stay-at-Home Moms: Understanding Spousal Support

A stay-at-home parent has rights in a divorce, and that often includes spousal support. While the spouse may be the wage earner in the marriage, the money earned during the marriage is a part of the household income. In most divorce cases, these parents are still entitled to an equitable share of the marital estate. That includes spousal support for the length of time the court determines. Equitable does not mean half. It means fair. The courts will first consider if your husband has the ability to pay and then consider if you have a financial need for financial support.

If your spouse has managed the money for a long time, knowing what is yours and what your rights are can seem terrifying.  Our divorce attorneys will work very closely with you to reduce the risk that you do not receive what is fairly owed to you.

Spousal support in Georgia is awarded based on various factors, including:

Spousal support does not have a simple calculation in Georgia. Rather, you can expect that all of these factors will be weighed before any decisions are made.

Understanding Your Rights and Options: Division of Assets and Debts in Divorce with Children

Whether you are facing a high-asset divorce or a high-debt divorce, as a partner in the marriage, assets and debts are likely to be split between you and your spouse. That does not always mean equally. A judge will consider all factors related to the situation and then determine the best route to proceed, creating a clear financial path forward.

If you don’t have an income and your husband has historically paid all of the bills, it might be possible for us to ask the judge to require him to be solely responsible for all of the debt. However, the judge might also give the income earning spouse credit for paying off the debt by offsetting some of the assets that you would otherwise receive.

If you established a prenuptial agreement prior to your marriage, it is a legal contract that will be reviewed to determine what you agreed to regarding child support, spousal support, and even division of assets in case you divorce. 

Even with children, you will need to determine the best route for the division of assets. This could be allowing you to remain in the home with your children or receiving spousal support, or both. In other situations, the court will determine whether the home should be sold, and the debt and assets split equitably. The details of your financial situation play the biggest role in what occurs.

Stay at home moms in Georgia need a family law attorney who will protect your rights and your family. 

Custody Arrangements When You're a Stay-at-Home Mom: Finding a Balanced and Flexible Solution

Another core component that may be a large part of your divorce is child custody. Where will the child live after the divorce, and who will make decisions about the child? In most cases, the court prefers for both parents to have the ability to maintain a relationship with the children. Even if your spouse has never cared for the children, the court may still want to provide that opportunity to be an involved parent in most cases, and award parenting time to the non-custodial parent.

Can I get full custody because I was a stay at home mom?

There are many factors that will determine where the child will live as their permanent residence and the division of parenting time. One parent will rarely obtain full custody. In most cases, both parents will share joint legal custody. Georgia has strong legal protection for the fundamental right of a parent to parent his child. In order for the courts to revoke these rights or impede them, you would have to show significant issues with the parent that presents a major danger or potential harm to the child. Neither you or your husband are required to be perfect parents. In most cases, the court awards joint legal custody and some type of parenting schedule that allows the children to primarily live with one parent but have regularly scheduled parenting time with the non-custodial parent.

Legal custody is just a basic right of the parent to be included in and involved in major decisions about the child. In Georgia this refers to health, education, religion, and extracurricular activities. Physical custody is where the child will live most of the time.

Stay at home mothers should think carefully before agreeing to  50/50 parenting time with complete shared physical and shared legal custody. If you have been the primary parent and primary decision maker for the child, this should not change overnight because you are getting a divorce. It may also affect the amount of child support that you receive. Talk to an experienced divorce attorney to explore the healthy ways to co-parent without making drastic changes or giving up critical rights and decision making authority that you may not be thinking about immediately during the separation and divorce. 

Other times, there are very specific arrangements designed to meet the needs of all parties. Full custody, when it is in the best interest of the child, typically will include the ability to make decisions for the child about health, education, and religion. Depending on your situation, this is something you want to fight for, and ensure the court understands your position.

To determine custody, the court will decide what is in the best interests of the child and is likely to consider factors such as:

There is no way to predict what will occur in your situation until you meet with an experienced Georgia family law and divorce attorney to discuss the intimate details of your case. However, it is fair to say that, as a stay-at-home mom, you must consider that the court will want the child to have access to their other parent to some degree.

Impact of Divorce on Child Support Calculations: How Being a Stay-at-Home Mom May Affect Your Entitlement

In a court of law, the goal of child support is to require that both parties contribute to the child’s well-being. Typically, the amount of child support received is based on the combined income of both parents. If you are not working, that means there is no income to report for you, and that means that you could get a lower amount of child support. However, unless you are completely disabled, the court will usually say that you are at least capable of making the minimum wage for your state and will input that amount of monthly income to you when calculating child support.

With spousal support, the court is looking at and considering all of the facts. You could receive child support if you have been the stay-at-home parent raising your child while your spouse works. The question is, how much? For that, your divorce attorney needs more insight into what your needs are to protect your family’s future.

How A Georgia Family Lawyer Will Fight to Protect Your Rights As A Stay At Home Mother

As a stay-at-home parent you need to have an advocate working just for you, an attorney who can work to protect your rights and create the best possible route forward for your well-being. Work with Attorney Sharon Jackson LLC. Let our divorce attorney offer guidance, insight into what you can expect in terms of spousal and child support, and how to petition the court for what you desire to occur.

Call us at (678) 436-3636 to schedule a consultation with an experienced member of our team, or contact us online to speak with our metro Atlanta family lawyers.

Fears that keep mothers from leaving a bad marriage.
Call us today at (678)436-3636 to discuss your fears and how we can help you overcome them.

How Long Do I Have To Live In Georgia Before I Can File For Divorce? Residency Requirements for Divorce in Georgia

When seeking a divorce in Georgia, you must meet a few requirements. You must file with the proper venue, subject matter jurisdiction and parties. Simply put, you have to file in the right type of court in the correct county where the court has the power to order both parties to take certain actions or to refrain from doing certain things. jurisdiction is, tricky, and your divorce petition could be dismissed if you or your partner do not meet specific requirements. Many people ask, How long do I have to live in Georgia before I can file for divorce? When you meet with our Georgia divorce attorney, we will discuss Georgia divorce residency requirements and whether you can proceed with the divorce.

Basic Georgia Residency Requirements For Divorce

The first requirement is establishing a proper venue, which involves filing the paperwork in the appropriate Court in the county the person resides in. In Georgia, this is usually Superior Court. If you are considered a nonresident, you may have your claim dismissed. This requirement is for either the defendant or the plaintiff. You must also consider Subject Matter Jurisdiction, which defines which court controls the specific type of case or litigation. For subject matter jurisdiction, you must establish that you reside in Georgia and have been there for six months. that the subject is a matter controlled by the particular court in which you file. Superior Courts in Georgia have general jurisdiction, including divorce, legitimation, adoption and contempt cases.  In Georgia, a Magistrate Court could hear a matter involving civil litigation (not divorce) with a value of less than $15,000. Magistrate court could not hear divorce cases or civil cases over $15,000.

Another element is personal jurisdiction, whether the court has jurisdiction over each spouse. When you file for divorce, you are giving the court personal jurisdiction. The tricky part is establishing jurisdiction over the other party. Your spouse can do this by signing an acknowledgment of service. You can also have a representative serve your spouse if you know their residence. Sometimes, you can use the Long Arm Statute for personal jurisdiction if your spouse no longer lives in Georgia. If minor children are involved, this will also impact where the divorce can be filed as the court also needs to have jurisdiction over the children.

When One Spouse Has Residency

Establishing Georgia residency requires one spouse currently or previously lived in Georgia for at least six months before filing the divorce paperwork. This can apply to either spouse, the petitioner, or the respondent. If you live elsewhere, but your partner moves to Georgia, they must reside there for six months so you can file. The opposite can also apply. This is part of the residency requirements for divorce in Georgia.

Same State With Different Addresses

It can be challenging to stay in the same residence when you are going through a separation. The residency requirements allow you to live separately and still file for divorce. You can move anywhere in Georgia and meet the requirements. However, your documents will ask for recent addresses. You must provide proof of residency to the court during your separation. A case can be dismissed or overturned if insufficient proof of residency exists. Some courts will base your proof of residency on testimony. If the parties, however, are not in agreement on the issues, the court will likely require documentation.

How You Can Establish Residency

Address and residency are not the same thing. Sometimes, living somewhere is insufficient evidence for establishing residency. Suppose your spouse moves in with family or friends and does not change jobs, addresses, or official documentation. They have not established residency, and that can hinder your divorce. There are several ways to establish residency in Georgia, including:

These are a few examples, but you can establish residency in endless ways. Divorce can be hindered if either party maintains a residence in another state. The residency restrictions for divorce in Georgia are strict. Ensure you meet the requirements and have the appropriate information for your spouse.

Military Divorce Requirements

Military members will have different requirements when they are considering divorce. Military divorces have unique challenges, and you must speak to a Georgia divorce attorney before proceeding. One wrong choice could jeopardize your divorce.

Military courts do not handle divorces. They are governed by the state where the couple resides. The residency requirement differs when a spouse lives on a military base. Additionally military personnel may retain residency a state where they lived previously rather than having to re-establish residency for every new work assignment and relocation.

Delays are another consideration for military divorces. The Service Members Civil Relief Act allows the military to delay court proceedings. This can apply if the military spouse is on active duty. They will get 90 days under federal law to respond to the petition for divorce. Judges may grant longer stays depending on the military spouse’s circumstances.

Military divorces have other complications since there are situations where one spouse resides in one state, the other spouse is in a different state, they have property in this state, and they were married in a fourth state. With so many states involved, it can be challenging to determine which state to file. This means you could have three options for where you can file your divorce, including:

One party must reside in Georgia to file for a military divorce. It can either be the spouse or the military member. In either situation, please speak to our Georgia divorce attorney.

Waiting Periods for Divorce

Unlike in other states, Georgia does not have a mandatory separation period before you can file for a divorce.  Some states require as much as a one year physical separation living in different homes before a divorce can be filed. In Georgia, you have a fight on Monday and file for a divorce on Tuesday.

Georgia however does have a 31 day waiting period for at-fault and no-fault divorces. The court will not grant the official divorce before this period, regardless of the grounds and evidence you present. The waiting period begins the day the papers are formally served. During this time, the other spouse will have the opportunity to contest the divorce. Even if both parties agree to the divorce, you must still wait 31 days. It also allows both spouses to resolve any pending legal issues before finalizing the divorce.

When You Do Not Meet the Divorce Residency Requirements

If you are getting a divorce but do not meet the residency requirements, you will have few options. The first is to wait until the other party establishes residency. This means potentially waiting six consecutive months. The other option is to ask your spouse to file the divorce papers. This is an option if you are living in different places and you meet the requirements where you live.

Get Help With Your Georgia Divorce

Regardless of individual circumstances, divorce is hard. When a relationship comes to an end, you want to move on. However, your divorce could take much longer if you do not meet Georgia residency requirements. Sharon Jackson is an Atlanta and Gwinnett County, Georgia, divorce attorney ready to help you. Do not hesitate to call us at (678) 436-3636 to set up a case review today.

Teen Child Custody in Georgia: Can My Teenage Child Choose Which Parent to Live With?

In many situations, children have very strong opinions on where they should live or what they desire when parents divorce. In the best situation, the child agrees with what is occurring, but even in those situations, there are limitations to when a child’s opinion will be used in making decisions about child custody. If you are facing decisions about teen child custody in Georgia, it is best to discuss your case with an attorney as a first step.

At Sharon Jackson Attorney LLC, our child custody attorney in Lawrenceville, Georgia can help to provide very specific answers to your questions and to create a plan for child custody for teens. Connect with us now to get guidance on all aspects of your case.

Can Children Tell a Judge Where They Wish to Live in Child Custody?

The short answer is yes. A child who is over the age of 14 can provide information to a judge about their desired living arrangements in child custody matters. This does not mean the child chooses where he or she wishes to live! Rather, the judge will use this information to make a decision.

Typically, a judge will value this insight and information and will order what the child wants to occur.

In the past judges valued this insight and information but the views about a child’s right to make an election are changing.

Generally, the older the child is, the more value the judge will place on the child’s feedback. If a seventeen-year-old child gives input, then it will carry some weight.  Regardless of the child’s age, however, the judge will ensure that the decision is in the child’s best interest. If the judge does not believe the parent is fit to care for the child or there are reasons to believe the parent is not a good fit, the judge may not adhere to the wishes of the teen.

This is called custody election. Some judges oppose the custody election by a minor because they feel it puts too much pressure on a child to make adult decisions. Recently one judge described it as child abuse. 

Experienced lawyers and judges have witnessed far too many cases where one parent accuses the other of pressuring the child to make an election.  Similarly, teenagers can be fickle.  Parents can spend thousands of dollars fighting for custody after a teenager becomes angry at the other parent only for the child to get over the dispute and change his or her mind about the election.

What About Children Under the Age of 14?

Children between the ages of 11 to 13 can give input regarding their preference, but it is generally frowned upon by the courts absent extenuating circumstances. For children in this age range and younger, a better option is to work with your attorney to select a guardian ad litem or a child custody evaluator.

Understanding Physical, Joint, and Legal Custody in Georgia

While discussing teen child custody in Georgia, it is important to understand the difference in the types of custody that can be awarded. Again, when it comes to child custody for teens, a child over the age of 14 may have a say in each of these areas, and most often, a judge will choose to go that route, pending any other risks.

Physical Custody
This form of child custody focuses specifically on where the child lives. Typically, this is the decision the over-14-year-old is going to make. Physical custody governs where the child will spend most of their time. Georgia judges warn parents to not advise their child that they get to decide where they want to live when they turn 14 because it is simply not true. The judge always makes this decision, not the child.

Legal Custody
This term refers to the decision-making control given to parents. When it comes to decisions that revolve around the child’s religious practice, education, and healthcare, the person named as legal custodian will have the ultimate decision in these areas. It is difficult for a divorcing parent to lose legal custody.  Courts recognize that there is a strong right for parents to raise and care for their children. Georgia expects parents to be legally and financially responsible for their children. Most divorce cases end with both parents having joint legal custody.

Joint Custody
Parents can agree to joint physical custody or in it can be court ordered. With this arrangement, the parents enjoy nearly equal amounts of parenting time.  The parenting schedule for joint physical custody may vary from week on, week off parenting plans to more complicated plans such as a 2-2-3 plan. Certain counties and specific judges have more favorable views about joint physical custody than others. Some judges will never order it unless the parties specifically agree to it and express it.  Even if the parties agree to joint physical custody, the court can deny the request if it is deemed to not be in the best interest of the child.   For example, if one parent lives in Marietta and the other parent lives in Lawrenceville, the parents might enjoy having equal parenting time, but the child may suffer from having to get up two hours early to arrive at school on time each day.

What Can a Parent Do if Their Teen Elects to Live with the Other Parent?

There are many instances in which parents do not agree on where a child lives. There are often concerns about what one parent says about the other parent to influence such decisions. Other times, you simply know that the child should not live with the other parent.

Remember that custody election by 14-year-olds is not always a given. There are times when the child’s decision simply is not beneficial to that child. The judge is always the final decision maker and fact finder.

In this situation, your child custody attorney will work closely with you to determine how to prove to an attorney that this is the case. If there is evidence of abuse in any way or manipulation of the child, that could be used as evidence in fighting the request of child custody for teens.

If a judge needs more information to make a decision, the judge can order the parties to pay for the costs of a third lawyer who represents the child exclusively.  Known as guardian ad litem, this attorney will conduct home studies, review school and medical records, and interview witnesses in order to make a recommendation regarding custody to the court. A few larger metro Atlanta counties such as Gwinnett County and Fulton County offer a free guardian for parents who can not afford to pay for a private guardian, but in many other Georgia counties, the parties will have to share in the cost of employing a guardian if one is needed.

This is a Serious Decision That Judges Do Not Make Lightly

A judge understands the parental alienation that can occur, such as when one parent tries to limit the father’s rights other parent’s rights or when a nasty divorce ends up using children in a manipulative manner. The key here is that a judge will have a conversation with the teen and really try to understand not just what they want or need but why. Often, this type of conversation is done with some level of privacy for the child, such as in the judge’s chambers, with the specific goal of reducing the risk that the child will feel pressured to make a statement one way or the other.

Let Our Child Custody Attorney in Gwinnett County Georgia Help You

 Call us at (678) 436-3636 to set up a free case evaluation today.

Teen child custody in Georgia can be complicated, but you are not in this battle on your own. Our highly experienced child custody attorneys at Sharon Jackson Attorney, LLC can help to guide your decision-making and help you determine the best legal steps forward to protect your child. You will always receive exceptional support and personalized attention from our legal team.

Contact us for a consultation to discuss your case. Let us provide you with insight into what you can expect when it comes to child custody for teens.

FAQs About Child Custody for Fathers in Georgia

Child custody for fathers in Georgia can be confusing and hard to navigate. If you are a father, you may be unsure what your rights are, you have to see your children, raise them and be part of their everyday life. In the state of Georgia, it is typical for primary custody to go to the parent who has historically performed the responsibilities of the primary caretaker caregiver of the child, regardless of the child’s gender. Yet, there are many exceptions to this rule.

Because of the complexity of child custody laws in Georgia, especially for fathers, it is beneficial to work with our child custody lawyer, who can help you navigate your rights and provide you with reassurance about your legal options.

In every situation, we encourage you to contact Lawrenceville Georgia child custody Attorney Sharon Jackson LLC for a consultation to discuss your case in private. Child custody for dads is very much an option, and we can help you to fight for it.

To help you with some of the most common questions that people have regarding child custody in Georgia, consider the following.

What Are Father’s Rights in Georgia?

Both the mother and father who were married have equal rights to parent a child. However, in situations where the couple is unmarried, the biological mother will have automatic legal and physical custody of the child. If you are unwed, the father must obtain legal rights to the child. To do that, a judicial petition seeking legitimation must be conducted. This allows the father to prove that he is, in fact, the biological father and, therefore, has the legal right to parent the child.

Under the state’s laws, a “legal” father is a person who meets one of several qualifications, regardless of biological association:

Once these steps are met, if necessary, the father’s rights under Georgia law are equal to that of the mother.

What is Legal Custody Versus Physical Custody?

There are two forms of custody awarded in child custody cases. Legal custody is a term used to describe the person who is able to make decisions for the child. A parent with legal custody is able to make decisions regarding:

A parent who is given physical custody is the individual with whom the child lives most of the time. It is possible for both parents to have shared legal and physical custody. In this situation, the parents must agree on major decisions., and a living arrangement is created to meet the child’s needs. and a parenting schedule that allows for equal or near equal parenting time.

What Does the Best Interests of the Child Mean?

The term “best interests of a child” is very commonly a part of child custody battles in Georgia. Ultimately, the court makes decisions about custody and other legal matters based on what it believes is best for the child, not either parent or any other factor. This is based on all available information about the situation, such as which decision will:

Do Mothers Always Get Child Custody in Georgia?

No, mothers are not always awarded custody in Georgia. It is however true that in some counties, there is still a strong bias against fathers and in favor of mothers. This does not mean you need to give up and not fight for your rights.  Sharon Jackson is an aggressive child custody attorney who can help you navigate through these landmines and challenges.  She will give you candid advice about your specific child custody case.

The court’s ultimate goal in every situation is to ensure that the child’s best interests are always kept in mind. When the father can provide a stable environment for the child and can meet the child’s needs, the court will always consider that in their decision-making process.  Often the parent’s desires and preferences are not consistent with the best interest of the child. To win in court, the father has to show that his desire to be the primary physical custodian and caretaker for the child is not just in his best interest, but is also and more importantly, in the child’s best interest.

Can a Mother Stop a Father From Seeing Their Child in Georgia?

If a father is recognized as the legal parent, then the father has equal rights to the child’s parenting. If the father is not recognized as the legitimate parent under the state’s laws, then the father may have to prove they are the legal parent to be awarded custody and visitation.

A mother cannot stop a married father from seeing his child, even if they are separated unless she has a court order to do so. These are normally not granted unless there has been proven family violence acts which endanger the child.

Can a Father Win Custody of a Child in Georgia?

Attorney Sharon Jackson, LLC fights for good parents and wins.   She will be able to meet with you and assess the possibility of you winning custody as a dad based on your specific facts and history.

There are many times when it is best for the child to remain with the father or for the father to be awarded custody. Every situation is different, and the court typically rules based on the evidence that shows which parent’s home the child may be best cared for and have the child’s needs met.

What is Legitimation?

Legitimation is a legal process in which a father of a child born out of wedlock can prove that they are the legitimate parent. This method allows for a father to establish legal rights for the child. The legitimation process aims to establish paternity of the child.

Fathers who were married to the mother of their biological children at the time the child was born are not required to go through the process of legitimation. You automatically have the same rights that the mother has to the child.

How Do I Make My Custody Case Stronger as a Father?

There are several things you can do as a father to ensure you receive equal and fair treatment under Georgia’s child custody laws. We recommend meeting with our child custody attorney in Georgia to discuss your case for specific recommendations. However, some of the steps we may encourage include:

Contact Child Custody Attorney Sharon Jackson in Lawrenceville, Georgia, Today

 Call us at (678) 436-3636 to set up a free case evaluation today.

Take the time now to contact Attorney Sharon Jackson LLC to discuss your case with our legal team. We will help you develop a plan. As an advocate for child custody for dads, we are always here for you. We can help you prepare for divorce and child custody.

Can I Move Out Of Georgia If I Have Custody Of Our Child?

Deciding to move is always a big one, involving numerous steps and considerations. Yet, as a parent who shares custody with another parent, it is important to understand the legal ramifications of moving. A question we often hear is, "Can I move out of Georgia if I have custody of our child?" The answers can sometimes be a bit more complicated than just yes or no. Gwinnett County Attorney Sharon Jackson, LLC, can help you with all aspects of child custody in Georgia.

What You Need to Know About Child Custody in Georgia

As an experienced child custody lawyer in Georgia, Attorney Sharon Jackson, LLC is consistently working closely with clients to ensure their needs are met – and that they understand the laws they face. Moving happens for many reasons, including through no fault of one parent or the next. Often, a job or a better financial situation exists elsewhere. However, before you just move, it is critical to understand what your rights are.

Moving Before the Courts Are Involved

Whether or not you are married or single, you can move out of state with your minor child before the courts are involved.  If there is no pending divorce, legitimation, or child custody modification case, you may be free to move out of state. Some states have laws that require one parent to seek the other parent’s permission before moving out of state.  Georgia does not have this requirement.  This does not mean you should bolt to another state with the child without considering the impact on the child and the other parent.  

The courts will not look kindly on you if you are married, your spouse is an active co-parent and you move abruptly. This is particularly true if the move results in the child’s relationship with the other parent being unreasonably disrupted.   There are exceptions for domestic violence cases and other special situations. Every case is unique and fact-specific.  The internet can’t provide you with a universal answer that applies to all situations.  Reach out to an experienced child custody lawyer like Attorney Sharon Jackson, LLC, and schedule an appointment to discuss your specific case.

There Are Two Types of Custody in Georgia

Georgia recognizes two types of custody: physical and legal.

In some situations, one parent has both legal and physical custody, but this is very rare for married or divorced couples.

A parent who only has joint legal custody, but is not the primary physical custodian can never move out of state with the minor child without a court order changing physical custody.  This would potentially be considered parental kidnapping.

If A Custodial Parent Wants to Move Out Of Georgia After A Divorce

In almost all child custody orders imposed by a Georgia judge during a divorce, the parties are required to give the other party at least 30 days' notice in writing prior to moving.  This applies to the custodial parent as well as to the non-custodial parent.  There is a difference between giving notice and seeking permission.  You are required to give notice, not seek permission.

  1. If the custodial parent notifies the other parent that he or she intends to relocate with the minor child, the other parent can file a modification and ask for a change in custody, reduction in child support, or changes to visitation.
  2. If the custodial parent moves with the child and it results in a court-ordered parenting schedule not being followed, the other parent can file a contempt of court action against the parent who caused the parties not to be able to adhere to the parenting schedule.

It is not uncommon for a parent to move after a divorce. Sometimes a parent only moved to Georgia because of the spouse’s employment. The divorced parent may no longer desire to live in Georgia after the divorce. As a single parent, you may desire to move closer to your family and support system. In other cases, a divorced parent may desire to move due to employment opportunities. Georgia laws do not prohibit moving, it just needs to be done in the right way. If possible, the parents should discuss the changes and hire a lawyer to draft the agreement and file it with the courts.  If there is no agreement, then the courts will decide what is in the best interest of the minor child.

Your former spouse cannot stop you from moving to another state or to another country.  The courts, however, can and will determine where the child lives.  

Obtaining a Court Order

If the courts have to decide where a minor child should live due to relocation after a divorce, they consider a number of factors. The most important factor is how the move will impact the minor child. Other questions the court will ask include the following:

When Is It Required to Notify Grandparents of a Move?

In some child custody agreements, grandparents are given rights to visitation. When this is the case, the grandparent must also be given a 30-day notice of any move that would alter their ability to see the child as the current custody agreement allows. It is possible for the grandparents to object to such a move, which would also mean that the court would have to weigh in on this decision.

What If the Other Parent Files to Prevent Us from Moving Out of Georgia?

There are some situations where the other parent will take action to prevent the other from moving out of state with the child. Obtaining a court order to prevent such a move is not uncommon if the parent feels that their right and ability to see the child will be limited as a result or if they feel, for any reason, that the move is not in the best interest of the child.

Whenever possible, negotiations are best, but that is rarely a simple step when parents cannot come to an agreement. As a result, it helps to have an attorney by your side who can guide and support you through this process. Unfortunately, this type of inability to work together is common in any high-conflict divorce, and it is critical that you know your rights to get the support you need.

There Are Many Things at Risk Here – Let An Experienced Lawrenceville Child Custody Attorney Help You

You are facing significant challenges when it comes to moving out of state with a child custody agreement in place. However, there is help available to you to navigate this option and achieve the best possible outcome. Contact Attorney Sharon Jackson LLC now to discuss your case and learn more about your rights.

Contact Gwinnett County Family Law and Child Custody Attorney Sharon Jackson today at (678) 436-3636 to set up a confidential, no-risk consultation.

The Difference Between No Fault Contested vs. No Fault Uncontested Divorce In Georgia

If you are divorcing in Georgia, there is a strong possibility that you have heard of the two main types of divorce: no-fault uncontested divorce vs. no-fault contested divorce. You may be curious about the differences between these two divorces and which is best for you and your situation. Finding out this information is an important part of the legal process. However, it is critical to speak to a professional attorney regarding these questions as each couple’s circumstances differ, meaning what may work best for other couples will likely not work for you.

Defining a Divorce

The American Bar Association defines a divorce as “a decree by a court that a valid marriage no longer exists.” This means that if you and your spouse decide that you are unhappy, no longer want to be married to one another and that the marriage is irreparable, you can choose to get a divorce. 

While it might sound like a simple process, divorces are one of the most challenging, stressful, and overwhelming processes individuals and couples can go through. The legal problems that arise are often complex and frustrating, and the couples getting divorced typically have strong emotions and feelings throughout the process. That said, you should never decide to go through this alone. Instead, consider hiring a Gwinnett County no-fault divorce attorney to ensure that you know and understand all legal terms and that your best interests are being kept in mind.

What is a No-Fault Contested Divorce?

A no-fault contested divorce typically means that a couple does not agree on the divorce and would like to dispute or challenge certain aspects of it. Some aspects commonly challenged in a divorce are division of assets, child custody, child support, visitations, distribution of property, alimony, etc. As a result, no-fault contested divorces are usually difficult and time-consuming, as both parties must agree on these important elements before the divorce can be final.

Are you ready to file for divorce in Georgia?
Call family law attorney Attorney Sharon Jackson LLC today to schedule a consultation.
(678) 436-3636

What is a No-Fault Uncontested Divorce?

A no-fault uncontested divorce is typically described as a divorce where both parties agree that they no longer want to be together, live together or be married to one another. The couple is easy to work with, the process isn’t complicated, and the court process is short. During an uncontested divorce, the couple usually has no hard feelings toward each other. It can work together to develop agreements regarding dividing property, distributing assets, child support, child custody, alimony, visitations, debt and more. Most of the time, couples will simply claim irreconcilable differences in the marriage, and the divorce will go through a short and quick process before the divorce is granted.

5 Differences Between No Fault Contested vs. No Fault Uncontested Divorce in Georgia

There are several differences between a no-fault contested divorce and a no-fault uncontested divorce. The following are five differences between these two types of divorces that you should know and be aware of if you are planning to divorce.

1. The Time That These Divorces Take

One of the main differences that a Gwinnett County no-fault divorce attorney will first point out to you is that the length of time that you can plan to spend in a no-fault uncontested divorce or a no-fault contested divorce is very different. Since a no-fault contested divorce means that the couple cannot easily agree on things, this type of divorce will likely take longer due to the constant back-and-forth arguments, bickering, and disagreements. Most couples can expect to spend more than one year going through the legal process of a contested divorce. However, on the other hand, a no-fault, uncontested divorce will typically be a lot quicker. The individuals ask for a divorce, claim irreconcilable differences, create agreements about important assets and properties, develop plans for their children, and the divorce is finalized.

2. The Legal Procedures

Another difference is the legal procedures the couple will be required to undergo. For example, a no-fault uncontested divorce will not go through a court trial hearing. Instead, the parties usually handle the divorce outside of court with mediation, collaborative divorce, or any other method that leaves the court out. However, in a no-fault contested divorce, spouses must undergo various legal procedures, such as a court trial hearing, the discovery process, subpoenas, etc. Therefore, if you go through a contested divorce process, you should be prepared for a long and typically complicated divorce with multiple legal procedures from beginning to end.

3. The Expenses

When it comes to the expenses of your divorce, you should expect to spend a lot more money on a contested divorce than an uncontested divorce. The reason for this is that contested divorces take longer, go through more legal procedures, and are more difficult to reach agreements. Therefore, contested divorces are often much more costly than uncontested divorces.

4. The Ability to Appeal

In a no-fault uncontested divorce, the couple typically agrees, consents and signs the various agreements with no problems. That said, they cannot appeal against the agreements that have been put in place. However, since uncontested divorces involve individuals willing to work together and develop agreements on their own or with the assistance of a divorce lawyer, they are typically satisfied with the divorce results and do not wish to appeal at all. Therefore, this is usually not a deal-breaker for couples wanting to go through a no-fault, uncontested divorce process.

However, it is important to remember that this does not prohibit ex-spouses who go through an uncontested divorce from ever making changes to agreements created during their divorce. The court is aware that things change over time, and allows individuals in a no-fault uncontested divorce to request changes or modifications to agreements that no longer fit their needs or desires. This is common regarding divorce agreements about child custody and child support.

5. Who Makes the Decisions

If you choose to go through a no-fault, uncontested divorce, you and your spouse will work with an attorney to make decisions. This simple process ensures that everyone is happy and accepts what they have agreed to. However, if you go through a no-fault contested divorce, the judge will decide for you and your spouse. Your attorney will work endlessly to represent you and explain what assets, properties, and overall outcome you need and deserve from the divorce. 

While it may sound easier and better to make the decisions yourselves, many couples cannot, making a contested divorce the better option for them. The judge’s focus will be to keep everything fair in the eyes of the law, which means that you should prepare for the possibility that your and your spouse’s wants may not be considered. For example, one spouse may have wanted to keep the primary residence property, while the other may have wanted the RV and vacation home. However, the judge may decide that the fairest solution is to sell all the properties and split the money equally.

How to Choose the Right Divorce Option for You

Choosing between a no-fault contested divorce and a no-fault uncontested divorce may be very tough. However, you can usually decide by asking yourself these questions:

By asking yourself these questions, you may be able to develop a clear understanding of which divorce option is right for you if you know for a fact that you cannot agree on all terms of the divorce or even have the slightest feeling that you may not be able to agree, a no-fault contested divorce may be the best option for you. However, if you and your spouse get along for the most part and simply want an easy, clean-cut divorce with no serious legal hassles, you may decide to go with the no-fault, uncontested divorce option.

Call a Divorce Attorney in Gwinnett County Today

Georgia Family Law Attorney Sharon Jackson is committed to providing clients with the compassion, understanding, and empathy they need and deserve during a divorce. She is a Gwinnett County no-fault divorce attorney with the experience, knowledge, and skills to assess your situation and your relationship with your spouse to help you determine which type of divorce may be more beneficial to you. 

If you need a lawyer in Georgia who will help you navigate your divorce case, contact Divorce and Family Law Attorney Sharon Jackson LLC today. You can schedule your consultation with our firm by calling (678) 436-3636 or filling out our online contact form at your earliest convenience.

We look forward to meeting and speaking with you soon! 

 

Protect Yourself from Physical Abuse in Divorce: Hire an Aggressive Divorce Lawyer

October is National Domestic Violence Awareness Month. It is the perfect time for individuals to learn and become aware of how to protect themselves from physical abuse in divorce. This is extremely important as many believe they have no way out of their abusive and unhappy marriages. However, a domestic violence divorce lawyer knows the appropriate steps to protect yourself and get the divorce you deserve.

Defining Domestic Violence

According to the Office on Violence Against Women, domestic violence is “a pattern of abusive behavior in any relationship used by one partner to gain or maintain power and control over another intimate partner.” This can be emotional, mental, physical, sexual, and more. However, to be considered a domestic violence situation, the individuals involved must be partners or have an intimate relationship.

Domestic Violence Statistics in Georgia

The Georgia Commission on Family Violence gathered data on domestic violence in Georgia. The following are some of the statistics that individuals across the state should know about:

Domestic violence is a very real and serious issue in Georgia. Therefore, if you believe you are a domestic violence victim, you must take it seriously and get the help you need. While you may think your partner will change or become better with time, the chances of that happening are slim to none. It is common for abusers to become worse after showing remorse and sorrow.

Why You Should Hire an Aggressive Divorce Lawyer to Protect You From Physical Abuse in Divorce

Suppose you are experiencing domestic abuse in your relationship and are seeking a divorce. In that case, you should hire an aggressive divorce lawyer who will help you take action to help you get the protection you need. Gwinnett County divorce lawyer Sharon Jackson helps many clients understand the legal process and their rights regarding domestic violence and divorce proceedings. These cases can become challenging and complex, but an attorney will ensure you have the help and guidance you need to successfully get through it. Here are four reasons why you should hire an aggressive divorce lawyer when dealing with physical abuse in divorce:

  1. A lawyer will ensure that the legal process remains as smooth and stress-free as possible for you.
    The divorce process can already be stressful, frustrating, and overwhelming. So, when you add domestic violence, it can make the process seem dreadful and hopeless. However, a lawyer will do everything possible to ensure that it remains as smooth and stress-free as possible for you.
  2. Your lawyer will review everything you need to know and explain how domestic violence may change your divorce.
    You may not know or understand several elements and legal terms when it comes to the divorce process. You may also be curious to know how domestic violence could impact or change your divorce, which is where an attorney steps in and goes over everything you need to know regarding the divorce process and how domestic violence may affect your divorce.
  3. An attorney will help you find ways to protect yourself and your children.
    While it may be easy to give up hope, an attorney will ensure that you know and utilize the various options available to protect yourself and your children during this difficult time.
  4. Your attorney will also assist you with finalizing your divorce and rebuilding your life again.
    You may think that you will never make it to the finish line. However, a lawyer will be by your side every step of the way to provide you with the resources you need to finalize your divorce and rebuild your life again.

What is a Temporary Protection Order in Georgia?

An experienced family law attorney like Attorney Jackson can help advise you on your options for temporary protection orders, also referred to as restraining orders. These protection orders are essential for individuals who are victims of abuse or violence as they prohibit the accused partner from being able to speak, contact, or see you. This means you do not need to worry about being harassed, stalked, abused, or threatened while this temporary protection order is in place. If you file for a temporary protection order and are approved, it will remain in effect for at least six months and up to one year.  

A permanent protection order may be possible if you would like protection for more than one year. You must request the Supreme Court stating that you would like to be issued a permanent protection order. Attorney Jackson will be happy to sit down with you and discuss whether you might qualify for a permanent protection order and what this process may entail.

Tips for Individuals Who Are in a Marriage With Physical Abuse

Individuals in a marriage with physical abuse are often confused about what to do and where to turn to get out of their situation. If this is the case for you, you may be interested in knowing these tips that will help you start the process of getting out:

Call a Gwinnett County Divorce Lawyer Today

If you need assistance filing for divorce from an abusive spouse, Attorney Sharon Jackson is ready and available to answer your questions and address your concerns. She is experienced, skilled, and knowledgeable about these types of cases. Therefore, you can rest assured knowing you are in good legal hands. Call our office at (678) 436-3636 or contact us online to schedule your free consultation with Attorney Jackson today.

High Conflict Divorce in Georgia: What You Need to Know

A high-conflict divorce is one in which one or both spouses engage in destructive behaviors to intentionally delay or derail the divorce process, or to cause unnecessary emotional pain to the other spouse. In a high-conflict divorce, disagreements between the spouses are so intense and frequent that they disrupt the daily lives of the spouses and children, and no one is able to resolve the conflict.

Strategies When Divorcing a High Conflict Spouse

When the time comes to divorce a high-conflict spouse, there are some strategies you should enact to make the process as easy as possible.

Hire an Experienced Attorney
An attorney who has experience handling high-conflict divorces can help you to protect your rights and interests. A Gwinnett County high-conflict divorce attorney can make all the difference in your situation.

Talk to Attorney Sharon Jackson, LLC, today about your high conflict spouse. You deserve to be treated with kindness and respect in all areas of your life, including your marriage. You do not have to fight through a high-conflict divorce by yourself. Call our office today at (678) 436-3636 to schedule a consultation.

Set Boundaries
It is important to set boundaries with your high-conflict spouse, both during and after the divorce. This means limiting communication to only what is necessary, and not engaging in arguments or emotional outbursts. You can also set boundaries by doing the following:

Document Everything
Keep a record of all communication with your spouse, including emails, text messages, and phone calls. This documentation can be helpful in the event that your spouse tries to make false accusations against you. Provide copies of these items to your high-conflict divorce attorney so they can use them in the divorce proceedings to protect your rights.

Protect Your Children
If you have children, it is important to protect them from the conflict between you and your spouse. This may mean limiting their exposure to your spouse, or seeking a court order to keep your spouse away from you and the children.

Take Care of Yourself
It is important to take care of yourself emotionally and physically during a high-conflict divorce. This means eating healthy foods, getting enough sleep, and exercising regularly. It is also important to seek support from friends, family, or a therapist. The more you take care of yourself, the less of an impact the high-conflict divorce will have on you emotionally, mentally, and physically.

Common Issues That Arise in High-Conflict Divorce Cases

A high-conflict divorce case often involves the following issues that a divorce attorney can help you resolve:

It is in your best interest to speak to a Gwinnett County high-conflict divorce attorney today about your case. This is one of the most difficult divorces to endure, especially if you have children. Call Attorney Sharon Jackson, LLC, today to start the divorce process in Georgia.

How a Skilled Divorce Attorney Can Help You

Cases involving high-conflict divorce in Georgia are complex. Dealing with a high conflict spouse is never easy, which is why you are likely filing for divorce in the first place. A skilled divorce attorney can assist you with the following:

Contact a Gwinnett County High-Conflict Divorce Attorney Today

In a high-conflict divorce, you need an aggressive attorney who can protect your rights and help you navigate this stressful situation. Call Attorney Sharon Jackson, LLC, today at (678) 436-3636 to schedule a consultation. The sooner you schedule a consultation, the sooner you will have a better understanding of the divorce process and the challenges you might face when divorcing a high-conflict spouse.

Parental Alienation Is A Form Of Child Abuse

When a relationship does not work out, it can lead to a custody battle. In the end, a legal agreement details when each parent will spend time with the child. However, when one parent is vindictive, they can abuse the child through parental alienation. If you notice the other parent is purposefully alienating you from your child, you must act. Discuss your options with a Georgia child custody lawyer by calling (678) 436-3636.

Definition of Parental Alienation

Parental alienation is a deliberate attempt to break up the relationship between a child and a parent. Essentially, one parent deliberately prevents the child from seeing the other parent. It can take many forms. Sometimes the custodial parent will convince the child that the other parent is bad. This can lead to the child having an illogical or exaggerated reason for refusing to see the other parent.

The Impact on Children and Families

Parental alienation can have severe consequences on children and families. There are varying degrees of parental alienation. You must speak to a Georgia child custody lawyer when you see the signs. There is a correlation between parental alienation and intimate partner violence. It can appear as follows:

Often the alienating partner is also the custodial parent. They will use their power to keep the non-custodial parent in fear. The non-custodial parent doesn't want to jeopardize contact with their child, so they will appease the custodial parent. Instead of appeasing them, speak to a Georgia child custody lawyer.

Psychological Effects on Children

Children are always the victims in these situations. They might see the abuse firsthand. They will also feel the absence of the other parent. All of this can lead to psychological impacts on the children. The court or child services rarely get involved in these situations. Some adverse effects on children in parental alienation situations include:

Determining when the child is suffering from parental alienation is challenging. It is often a pattern of behavior rather than a one-time incident or action. Another challenge is that many practitioners do not look for the impacts of parental alienation. They often believe it only happens in high-conflict relationships.

Why Parental Alienation is Child Abuse

You might not think parental alienation constitutes child abuse, but it does. Many of the aspects of alienation overlap with the symptoms of child abuse. Parental alienation can fall into two categories of child abuse. The first is emotional or psychological aggression manifesting as:

The other form of child abuse that parental alienation can manifest is child neglect. This may include the following actions:

Georgia Laws on Parental Alienation and Child Abuse

There are currently no specific laws regarding parental alienation in Georgia. You may change your parenting time, custody, or visitation agreements if you have sufficient evidence to show the judge. You must gather as much evidence as possible to help your case if you're the victim and call a Georgia child custody lawyer as soon as possible.

While there are no parental alienation laws, there are child abuse laws. The law recognizes that specific actions constitute child abuse. If you prove parental alienation is child abuse, the alienating parent can suffer legal consequences. Some forms of child abuse include:

What to Do if Parental Alienation is Happening

The child is the priority, and you must take the appropriate steps to help them. Do not try to resolve the situation outside of the family court system. Instead, you can take these steps:

Family courts can take additional steps to remedy the situation, like intensive collaboration between health and legal professionals. They can also issue court orders. If uncertain how to proceed, speak to a Georgie child custody attorney.

How a Skilled Child Custody Attorney Can Help Protect Your Child From Parental Alienation

Child custody battles can be contentious. When one parent is unhappy with the outcome, they can take illegal and harmful actions. This can be in the form of parental alienation. They think they are hurting the other parent, but the child is the one who suffers. Contact Georgia child custody attorney Sharon Jackson at (678) 436-3636 to discuss your case.