Columbus GA Divorce – Custody

Columbus GA visitation law firm

Child visitation rights Columbus GA

After a separation or divorce, if joint child custody has been granted, child visitation rights are given to the non-custodial parent. A judge may award short-term visitation rights to one parent, whereas the other will receive primary physical custody of the child during the divorce case.

If the court feels that it is best for the child to keep regular contact with both parents, long-term child visitation rights are given.

Child visitation rights should not be viewed as a given right. The court may decide that it is in the best interest of the child to give sole custody to one parent, rather than to allow access rights to the other. The non-custodial parent can still be ordered to pay child support in cases where access rights are denied. Child visitation rights and child support responsibilities are two distinct issues. Howeverwhen a parent is awarded child support payment obligations and visitation rights, there is a chance that the parent will not lose their visitation rights even if they fail to pay child support.

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The Law office of Scot Sikes handles family law in Columbus GA. Scot Sikes is a Columbus GA divorce lawyer & Georgia child custody attorney.

706-494-6900 – www.columbus-divorce.com

Fort Benning GA military divorce lawyer,
GA Uncontested Divorce – GA Contested Divorce – Separation – Spousal Support – Property Division – Alimony – Military Divorce – Contempt Actions in Divorce Cases – Child Custody modification – Child Support Modification – Child Visitation. Columbus GA Divorce lawyer and uncontested divorce attorney.

Harris County GA family law attorney

Child visitation in Columbus Georgia

If the judge comes to the decision that it is in the best interest of the child to be in touch with both parents, then the visitation rights come into picture. although, child custody does not come with a blanket sanction of visitation rights, it is completely on the judge to grant or not depending on the given proof. The judge has the powers to give custody to a parent and refusing visitation rights to the other in certain circumstances.

When both parents have mutually agreed to visitation rights they can make the plans keeping in mind the best interest of the children. Domestic violence and irrational behavior on your part can cost you heavily. You may not only be denied custody but even the right to visit and be with your child. The major reasons for visitation rights not being awarded in a child custody battle are danger to the child by a parent, violation of court order, and domestic violence to name a few.

How to get child custody is an issue that requires serious effort from your side and there is really nothing you can leave to chance. You must leave no stones unturned, because a minor oversight will result in your child being taken away from you. A complete knowledge of the child custody rules and the related child custody issues is important. First and foremost, you must get a qualified and experienced divorce and custody lawyer. Explain all matters to your attorney. Reveal everything to your lawyer.

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The Law office of Scot Sikes handles family law in Columbus GA. Scot Sikes is a Columbus GA divorce lawyer & Georgia child custody attorney.

706-494-6900 – www.columbus-divorce.com

Fort Benning GA military divorce lawyer,
GA Uncontested Divorce – GA Contested Divorce – Separation – Spousal Support – Property Division – Alimony – Military Divorce – Contempt Actions in Divorce Cases – Child Custody modification – Child Support Modification – Child Visitation. Columbus GA Divorce lawyer and uncontested divorce attorney.

Muscogee County GA child support attorney

Enforcing child support obligations in Columbus GA

When a person willfully disobeys a lawful child support order, he or she can be jailed for contempt of court. The civil contempt lawsuit is filed by the custodial parent. After that, the nonpaying parent should be served with process because he or she has the Constitutional right to attend the hearing and present a defense. If the nonpaying parent is served with process but does not attend the court, the court can order a bench warrant issued for his or her arrest.

If the court finds beyond a reasonable doubt that the parent has willfully failed to pay pursuant to a valid child support order, the court can order the nonpaying parent imprisoned. A parent who can prove that they did not have the ability to pay may not be found in contempt of court, even though he or she will continue to owe the money.

Many times, the simple threat of prison term is enough to pry open the recalcitrant parents pocketbook. yet, in severe cases, parents will be jailed and generally the jail sentence will be open-ended, terminating only when the proper payment has been made.

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The Law office of Scot Sikes handles family law in Columbus GA. Scot Sikes is a Columbus GA divorce lawyer & Georgia child custody attorney.

706-494-6900 – www.columbus-divorce.com

Fort Benning GA military divorce lawyer,
GA Uncontested Divorce – GA Contested Divorce – Separation – Spousal Support – Property Division – Alimony – Military Divorce – Contempt Actions in Divorce Cases – Child Custody modification – Child Support Modification – Child Visitation. Columbus GA Divorce lawyer and uncontested divorce attorney.

Muscogee County Georgia child support payment attorneys

Child support payments in Columbus GA

Unlike alimony, payments of child support is not deducted from the payers income taxes. although, if you pay more than 50% of the actual costs of child support, you can claim the child as a dependent to save taxes. Parents generally agree on the issue of the dependents deduction so that both do not make the claim which can trigger an IRS audit. The court that grants the original child support award is said to have continuing jurisdiction to change the order as conditions warrant. Either parent may apply to the court to amend the order throughout the duration of the childs minority. Changes do not happen automatically. One parent must apply for the change by a formal petition to the court.

Child support orders cannot be modified on caprice or because a court feels that “it is time.” It must be based on evidence establishing that enough reasons exist to make the change. This generally requires a demonstration of changed conditions in almost all states from the facts as they existed at the time that the last order was passed. In the many years a child support order remains effective, the parents circumstances may change many times and therefore the child support order.

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The Law office of Scot Sikes handles family law in Columbus GA. Scot Sikes is a Columbus GA divorce lawyer & Georgia child custody attorney.

706-494-6900 – www.columbus-divorce.com

Fort Benning GA military divorce lawyer,
GA Uncontested Divorce – GA Contested Divorce – Separation – Spousal Support – Property Division – Alimony – Military Divorce – Contempt Actions in Divorce Cases – Child Custody modification – Child Support Modification – Child Visitation. Columbus GA Divorce lawyer and uncontested divorce attorney.

Columbus Georgia child support amount lawyer

Amount of child support in Chattahoochee County GA

To help the court in determining the right amount of support, both parents will be required by the judge to prepare a financial declaration that is signed under penalty of perjury. Each parent must fully disclose their income from all sources, the nature and extent of their assets like bank accounts, investments and real property and their financial obligations. The court will depend heavily on these documents in making the order and therefore it is in the best interests of the children that the declarations are filled out completely and honestly.
Child support hearings are generally adversarial. That means that when the parents cannot agree on the support order, the court will hold a hearing to determine the issue. During this hearing, each spouse or their lawyer will have the chance to cross examine the other on issues relevant to the support issue and each can request documents and call witnesses to support his or her stand as to the amount of child support that should be paid. Child support orders can also be appealed, but the chances of success is very slim.

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The Law office of Scot Sikes handles family law in Columbus GA. Scot Sikes is a Columbus GA divorce lawyer & Georgia child custody attorney.

706-494-6900 – www.columbus-divorce.com

Fort Benning GA military divorce lawyer,
GA Uncontested Divorce – GA Contested Divorce – Separation – Spousal Support – Property Division – Alimony – Military Divorce – Contempt Actions in Divorce Cases – Child Custody modification – Child Support Modification – Child Visitation. Columbus GA Divorce lawyer and uncontested divorce attorney.

Harris County Georgia divorce lawyers

Child custody orders in Muscogee County Georgia

During a marriage or committed relationship, custody issues are not usually a ground for concern for the court. Yet when parents divorce or cease to reside together with their children as a family, the courts are generally required to set by order the amount of child support a non-custodial parent should pay. As with the issue of custody, this can be reached by agreement or by fighting it out in the court. Child support payments, like alimony, may be incorporated into the divorce judgment or may be provided for in a marital separation agreement. You may avoid making child support a contested issue, and the legal expense of fighting this issue before a judge, by both parents agreeing to the appropriate amount of child support and making this agreement part of a marital separation agreement.

There are several parts to most child support orders in almost all states. Child support orders are issued by courts if the parents are unable to agree on a fair child support payment and then include that agreement in a marital separation agreement. First of all, the paying parent will almost certainly be ordered to make a monthly money payment to the custodial parent. Many paying parents resent the child support order as it is made directly to the custodial parent and not the children. Due to this, few refuse to make the payments as they see it as a form of alimony. yet, this is not true. The direct payments are to be utilized to pay for the vital requirements of the children, such as rent, food, and clothes. A child support order is not set in concrete yet is subject to change when future circumstances warrant. Therefore, either parent may apply to the court to increase or decrease support if circumstances warrant.

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The Law office of Scot Sikes handles family law in Columbus GA. Scot Sikes is a Columbus GA divorce lawyer & Georgia child custody attorney.

706-494-6900 – www.columbus-divorce.com

Fort Benning GA military divorce lawyer,
GA Uncontested Divorce – GA Contested Divorce – Separation – Spousal Support – Property Division – Alimony – Military Divorce – Contempt Actions in Divorce Cases – Child Custody modification – Child Support Modification – Child Visitation. Columbus GA Divorce lawyer and uncontested divorce attorney.

Columbus Georgia divorce lawyer

How is child support decided GA
An unfortunate truth of economic life is that a family cannot live as cheaply divided as it can together. Therefore, post divorce, the living standard of the entire] family is generally lowered and the judge usually has the unenviable task of having to divide a scarce resources. Besides, there is the issue of altering the child support order to meet changing needs of children and enforcing court orders against fathers and mothers who either do not make court ordered child support payments or who are unable to do so as a result of to circumstances beyond their control. These problems, when added to the issue of custody, visitation and the division of property in a divorce, keep the family courts burdened at all times.

Both parents have a legal duty to support their child based on their ability to do so. Most jurisdictions have child support guidelines in place, that provide a formula for calculating child support based on a proportion of each parents gross income. These guidelines are usually applied unless a party can establish that application of the guidelines would be unjust and improper in that case.

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The Law office of Scot Sikes handles family law in Columbus GA. Scot Sikes is a Columbus GA divorce lawyer & Georgia child custody attorney.

706-494-6900 – www.columbus-divorce.com

Fort Benning GA military divorce lawyer,
GA Uncontested Divorce – GA Contested Divorce – Separation – Spousal Support – Property Division – Alimony – Military Divorce – Contempt Actions in Divorce Cases – Child Custody modification – Child Support Modification – Child Visitation. Columbus GA Divorce lawyer and uncontested divorce attorney.

Muscogee County Georgia family law lawyer

Child custody in Georgia

“Child custody” is a legal term which is often used by family courts to describe the rights and responsibilities of divorced parents and their small children, the residency or placement of the children, and the relationship and/or amount of contact the children have with each parent. If divorced parents are unable to decide on such issues, the courts are usually left with the difficult job of deciding the most suitable custodial arrangement for the children and parenting plan for the parents. The more parents understand what is involved in child custody determinations, the more informed they will be in making decisions regarding their children after a divorce.

The rights and responsibilities of each parent to his or her minor children include decisions concerning the raising and general welfare of the children on issues like the childrens education, medical care, dental care, and religion. Such rights and responsibilities are generally called “legal custody” of the children.

The residency or placement of children means to where the children will live and spend the majority of their time. Many time, a child will stay with one parent more than the other parent, and the parent with whom the child lives with the most will typically be responsible for the day-to-day care of the child. In certain cases, the child will reside equally with both parents, close to equally with both parents, or live a significant amount of time with each parent and the parents will share in the responsibilities and day-to-day care of the child.

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The Law office of Scot Sikes handles family law in Columbus GA. Scot Sikes is a Columbus GA divorce lawyer & Georgia child custody attorney.

706-494-6900 – www.columbus-divorce.com

Fort Benning GA military divorce lawyer,
GA Uncontested Divorce – GA Contested Divorce – Separation – Spousal Support – Property Division – Alimony – Military Divorce – Contempt Actions in Divorce Cases – Child Custody modification – Child Support Modification – Child Visitation. Columbus GA Divorce lawyer and uncontested divorce attorney.

Chattahoochee County GA Grandparent rights attorney

GA Grandparents visitation rights

In 2000, the United States Supreme Court in Troxel v. Granville, 530 U.S. 57 (2000) made a landmark decision about the visitation rights of grandparents. The Court ruled that it is a fundamental liberty of parents to make decisions regarding their childs custody. It includes the right to determine when and with whom minor children can spend their time, and applies to time spent with grandparents.

When hearing a petition filed by grandparents for visitation rights, courts almost always consider the decision and wishes of the custodial parent. Consideration is given to the objections of the parent about the visitation of the grandparents. Even in the ruling of the Troxel case, the U.S. Supreme Court directed parents to take a soft attitude. It urged the parents to try building an friendly bonding between the grandparents and grandchildren. Most legal experts have opined that one of the best method to resolve such a conflict is to discuss the matter with the parents rather than involving the judicial system. Discussions can take place openly, through attorneys, through mediation, or through some form of alternative dispute resolution. Communication between the parents and grandparents can sort out misunderstandings and can prove to be far more fruitful than intervention of the legal system, while also safeguarding the relationship.

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The Law office of Scot Sikes handles family law in Columbus GA. Scot Sikes is a Columbus GA divorce lawyer & Georgia child custody attorney.

706-494-6900 – www.columbus-divorce.com

Fort Benning GA military divorce lawyer,
GA Uncontested Divorce – GA Contested Divorce – Separation – Spousal Support – Property Division – Alimony – Military Divorce – Contempt Actions in Divorce Cases – Child Custody modification – Child Support Modification – Child Visitation. Columbus GA Divorce lawyer and uncontested divorce attorney.

Columbus Georgia Child Custody Plans

Chattahoochee County GA family attorney

For thousands of divorced and separated parents with children, there is a simple reason as to why they got the child custody and visitation arrangement they have the court determined it. The judge finalized the parenting arrangement based on what the judge felt was in the best interest of the child.

Courts do not typically make the child custody decision or finalize the parenting plan arrangement. In fact, usually, the judge will not make the child custody decision for the parents. It is usually when the parents are unable to reach an agreement on child custody that the judge will select the parenting arrangement for them. If the judge makes the child custody decision for the parents, it is commonly referred to as a final judicial order or judgment on child custody.

When the judge decides on a parenting plan for the parents, it will usually result in one or both parents being upset or feeling a sense of loss. Generally, a parent feels as though he or she won child custody while the other parent feels that he or she “lost” child custody. There are times when both parents are disappointed with the decision of the judge. It is seldom the case that both parents feel like they won when the court makes the child custody decision.

To avoid an arbitrary decision taken by the court, you must learn more about how child custody decisions are made and the laws in Georgia. How the courts have ruled in the past and the factors that influences the decisions is information that will be useful to you.

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The Law office of Scot Sikes handles family law in Columbus GA. Scot Sikes is a Columbus GA divorce lawyer & Georgia child custody attorney.

706-494-6900 – www.columbus-divorce.com

Fort Benning GA military divorce lawyer,
GA Uncontested Divorce – GA Contested Divorce – Separation – Spousal Support – Property Division – Alimony – Military Divorce – Contempt Actions in Divorce Cases – Child Custody modification – Child Support Modification – Child Visitation. Columbus GA Divorce lawyer and uncontested divorce attorney.