Family Law Cases
Every family law case, even an uncontested divorce, presents questions. Questions that need to be answered based on how the outcome could affect you and your children. Questions addressing unexpected issues that need to be answered. An experienced family law attorney will help you.
At Husser & Husser, P.C., we have served Rome and Northwest Georgia in family law cases for over 25 years. We have the knowledge, experience, and patience to guide you through the challenge of your family law case.
The Basics Of Family Law
Divorce: In Georgia, you do not need to prove fault in a divorce; you can get a no-fault divorce if the marriage is irretrievably broken and there is no reasonable hope for reconciliation. Stated otherwise, if one party wants a divorce then the divorce probably is going to happen.
Property and Alimony in a Divorce: Marital property (assets and debts) is divided equitably or based on what Georgia law would deem a fair split at the time of the divorce – the starting point usually is 50/50 but that can change based on what occurred during the marriage. Alimony/Spousal Support also may be granted in divorces based on one party’s need and the other party’s ability to pay.
Child Custody and Visitation: Child custody has 2 parts: “legal custody” and “physical custody.” “Legal custody” deal with parent decision making power, including access to school and medical records and decisions about education, nonemergency healthcare, extracurricular activities, and religion. “Physical custody” deals with where a child is going to be living and includes determining visitation/parenting time for a child. That means deciding what days during the year a child will be with one parent and what days during the year the child will be with the other parent.
In many cases parents will share legal custody and the child or children will live with one parent more than the other parent giving one parent “primary physical custody.” The other parent will get visitation/parenting time based on the Parenting Plan prepared by the parties or ordered by the Court. Every child custody case is different and unique though, and a Georgia court can weigh over 17 different factors in deciding what legal and physical custody is in a child’s “best interest.” Equal parenting time/visitation can be awarded if it is in the child’s best interest.
Paternity and Legitimation: It may be necessary to establish paternity before legitimation. To determine if someone is a father or “paternity,” the potential or “putative” father will take a paternity test. If that person is the father of the child, then that person can seek legitimation meaning that person would be declared the legal father and have the opportunity to establish legal rights to the child, including legal custody, physical custody, and visitation/parenting time. Parents also can consent to legitimation if paternity is established.
Discuss Your Questions With A Family Law Attorney
Call Husser & Husser, P.C., at (706) 842-2863 to schedule an appointment with one of our Rome family law attorneys. You can also contact us by email if you prefer. Se habla Español.