Tag Archive for: Georgia

Fam Law: Child Custody and Support

July 8, 2018/in Children, Divorce, Family Law, Marriage

If you’re looking for resources about child custody cases, chances are you’re looking for answers, support and guidance from a great family law attorney. Our dedicated Moultrie legal team at Kirbo Law Firm have organized a good amount of info to help guide you through this tough time. We know how important family is, and the need to protect your children. Take the time to research and read everything you can so you know what to expect as you move through this difficult time. We can start with the basics.

The Different Types of Custody

Physical and Legal Custody

Physical custody is generally given to one parent whose child lives with them full time. Legal custody is shared with the non-custodial parent in which both parents have the right to make decisions about the child’s education, religion,health care

Sole Custody

This occurs when a parent gets full custody of their child, this occurs most often when the other parent is abusive or absent.

Joint Custody

Joint Custody is when a child spends equal or almost equal amount of time with both parents. Joint custody is the cause of some controversy and is only allowed if both parents can cooperate and make joint decisions in the child’s best interest.

Split Custody

Split custody occurs in the instance of several children in which one parent has physical custody of some of the children and the other parent has physical custody of the others. This is generally considered an unfavorable option.

Unmarried Parents

If the parents are not married, the mother wins custody unless the father takes additional measures to be granted custody.

Factors in deciding custody

What the child wants, depending on his/her age and maturity
Age and sex of the child
Health of the parents
Relationship with others who reside in the house
Stable home environment
Any evidence of parental drug, sex, emotional, or alcohol abuse

Responsibilities of the Custodial parent

Keeping the child in good hygiene
Teaching them basic necessities. For example, walking, talking, reading, writing,
Feeding the Child
Purchasing clothes and laundry responsibilities;
Making sure the child has healthcare
Buying clothing for the child

Custody Laws

If you’re wondering how you can get custody of your child, you will most likely have to go to court. Of course, parents are able to make the decision if they can come to a mutual agreement. Although if someone changes their mind, it’s much harder to enforce the decision made. Going to court is the safest option if you want your custody written. However, each state has their own laws regarding custody and those should be reviewed first. Check out thebalance.com and see their guide to each state’s laws.

“Alabama. Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida,

Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine,

Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana,

Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina,

North Dakota, Ohio,Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina,

South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington,

Washington, D.C., West Virginia, Wisconsin, Wyoming”

What If I want to move away with my child?

Firstly, the court needs to decide if the relocation would be in the best interest of the child. If they decide it’s not, you might have to stay.
While first getting child custody, it’s helpful to create some kind of agreement than that if the desire to relocate comes up, it’s already agreed upon with visitation schedules already planned out.
In some states, you as the custodial parent are required to give written notice of the intention to move to the noncustodial parent 30 days before the move. In this notice should be information regarding the new living situation. In some states, the non-custodial parent needs to agree to the move, if they don’t agree they can file a motion to stop the relocation. However, if they don’t respond within the 30 days, you are able to move.

If the non-custodial parent objects, it may go to court and there are several factors determining if you are able to move.

Distance from your original location can change the outcome of your move.
Proof that the move is happening because of good intentions, and not to spite your ex. Ways to show this are:

1. New job
2. Family lives near the new residence
3. It’s more affordable
4. Education system is better for the child.
5. It’s in the child’s best interest

A proposed visitation schedule is required by most states. Usually the child will see the non-custodial parent over holidays and breaks from school. Having a schedule ahead of time may help your case.
In regards to the money it takes to travel the child between parents, if you are the parent moving away, you will most likely have to be okay with paying the majority of those costs. If you are, make that known in court.

To talk to a child custody attorney about getting custody or moving away, contact us here at Kirbo Law Firm located in Moultrie, Georgia.

Child Support

Child Support comes in once custody is assigned. Usually the non-custodial parent will have to give a portion of their income to the custodial parent as child support.

How is it determined?

Usually, child support is issued by family court. They create a number to be paid based on several factors

Payers income and cost of living
Decrease in custodial parent’s income
Child support already being paid from a previous marriage
If the non-custodial parent is already paying child support to a previous marriage
Increase in child’s needs
How many children there are
What health insurance costs
If a parent has to pay union dues

However, there are different guidelines for Child Support by state. Check out the National Conference of State Legislatures guide to those guidelines.

How do I get Child Support?

First, you must be the custodial parent.
Then you should go to court to get a Child Support Order.
In the case of a Joint-Custody. If during the marriage one spouse made a significant amount more than the other, they may have to pay some child support to the parent making less.
Hire your own attorney to help figure out how you will get paid and how much. You can speak to one here. Usually child support enforcement agencies and the court will work together to create a child support system. Child Support will ultimately be issued by family court.

I’m not getting the Child Support I’m owed, What do I do?

Contact Kirbo Law Firm, your Moultrie Attorney. Child Support is usually court-ordered, and they will have to pay. However, if it still persists to be a problem, the court can take more drastic measures. In some states, the parent who isn’t paying child support can have their wages withheld. If it continues, several other actions may be taken, such as the jail time, seizure of property, interception of tax refunds, freezing bank accounts, suspension of driver’s license, and more.
If the non-custodial parents lives out of state, the Uniform Interstate Family Support Act enforces them to still pay child support. Child Support Orders may be sent to the non-custodial parents employer who can take the money out of the paycheck. It is illegal for a parent to refuse to pay child support
If the non-custodial parent seems to have disappeared, you can hire someone from the Office of Child Support Enforcement to try to locate them here. There are several pieces of information of the non-custodial parent to have on record in this event
1. SSN
2. Noncustodial parents friends, family, employers, coworkers
3. Financial references
4. Copy of the Child Support Order
5. Police, parole, or probation records
6. Non-Custodial parents past addresses
7. Childs Birth certificate
The NCSEA released a list of different states child support enforcement agencies that can help.

To get more information on obtaining child custody or child support, you can speak to one of our family Law Attorneys here at Kirbo Law Firm, located in Moultrie, Georgia.

Phone: (229) 985-1955 Fax: (229) 890-2487

Sources:

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Types of Custody Resource

Deciding Factors Resource

Additional Resource

Family Law: Marriage

June 27, 2018/in Marriage

You’ve all heard the tale as old as time, kissing in trees leads to marriage which leads to babies, which all leads to a happy life. However, marriage is a bit more complicated than that. In fact, there are a lot of legal aspects that need to be considered when getting married. Here at Kirbo Law Firm of Moultrie, Georgia, we understand those complications and would like to help you. Here’s our guide to what you need to know about the marriage aspect of Family Law.

The Basics: Requirements

Each state has its own set of specific laws, but many of them overlap. Here is a list of some of the most common requirements:
1. There must be consent given by both parties with full knowledge of what is happening
2. You cannot marry immediate blood relatives, although you can marry second cousins in every state.
3. In most states you must be 18 years old to consent to marriage. However, some states allow younger with parental consent
4. Both parties must be mentally healthy enough to understand marriage and what is required of it.
5. Proof of ID is required
6. You do not need to be a resident of most states to get married there
7. Both spouses, the person who officiated, and one or two witnesses over the age 18 must sign the marriage certificate

License: Common Requirements

A Fee ranging from $10 to $115 dollars.
A blood test is rarely required to check partners for diseases. It’s mostly obsolete now but some states like Montana still require it.
Some states enforce a waiting period before receiving a requested marriage license. These are usually under a week and are just to ensure it’s what the couple really wants.
Some states also require a waiting period after receiving the license. The longest waiting period is 3 days.
You must use your marriage in a certain amount of time depending on your state. It can go as quickly as 10 days to 1 year. Some states do not have an expiration for you license. Check out usmarriagelaws.com list to see each state’s specific laws.

Knowing What’s Yours

There are two types of property laws that differ depending on what state you live in. Most states are Common Law Property States. Common Law essentially means that if one person in a marriage solely buys somethings in their name, it’s theres. If an asset is bought under both parties names, then the assets are in joint tenancy with the right of survivorship. So whichever partner survives inherits the entirety of the property.
The other type of state is the Community Property State. Only several states follow these rules, but it essentially states that any assets acquired over the course of the marriage are owned by both parties. The only exceptions are items acquired before the marriage or gifts given to one person during the marriage

Want a Prenuptial Agreement?

Prenuptial Agreements (prenups) often have a bad connotation to them, as if the parties involved don’t trust one another. That’s not always the case though, as prenups are a safety precaution in a world where not everything always goes your way. There are many benefits to them, such as:

Protecting each parties assets
Set the financial responsibilities during a marriage
Protection from the debt of the other party
Ensuring someone besides your spouse else will inherit certain assets or income in the event of your death
How assets will be divided in the case of someone’s death
Set the financial responsibilities during a marriage
Figuring out how everything is split in the event of a divorce making a divorce a lot quicker and painless.

How do you get a Prenupial Agreement?

Prenuptial agreements can be created on your own, but it’s advised (and in some states required) to get a family law attorney for each party to look over and review the prenup. It must be a written agreement and It also must be presented to a court. A judge reviews and decides if the prenup is fair and meets state requirements. Obviously, the prenup must also be signed before some time before the marriage takes place.

What can not be included in a Prenup?

Illegal activities
Giving up alimony rights
Anything involving child care
Financial incentives encouraging divorce
Personal matters

Something to Note: Prenups can cost upwards $2,500 but in the event of a divorce, would be a lot more cost effective and better than letting a judge divide up your assets. Contact one of our Moultrie Family Lawyers today if you want to learn more about getting a prenup.

Changing Your Name

When you get married, there’s the option of changing your last name to the last name of your spouse. However it doesn’t just come with marriage. There are several steps you must take first. Usually you need to petition the court to change your name, an order describing the cause for the name change, and a decree to legally change your name. It also requires a fee upwards of $200. Don’t forget to notify important organization’s of your new name. Some places not to forget include

Social Security Administration
IRS
DMV
Banks + Credit Card Companies
Mortgage and Loan Companies
And remember to change your passport as well.

What’s a Common Law Marriage?

Common Law marriages are a way for two parties to have a valid marital status without going through a legal marriage ceremony. What is required of this can vary from state to state, but generally proof of a long lasting relationship, eyewitnesses to your relationship, deeds showing joint company, joint ownership of bank accounts, and more are ways to validate a common law marriage. This is mostly accepted only for a relationship between a man and woman, there are a few states who allow common law marriages for same sex couples. Each state has their own requirements and can be checked out here.

Have any other questions or would like to hire an attorney? Contact us here at Kirbo Law Firm, and we’re happy to set you up with one of our Moultrie family law attorneys.

Phone: (229) 985-1955 Fax: (229) 890-2487

Sources:

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Family Law

June 2, 2018/in Children, Divorce, Family Law, Marriage

What Exactly Is Family Law?

The term “Family Law” sounds pretty broad. In it’s simplest definition, Family Law “deals with family-related issues and domestic relations” Most commonly, this is associated with issues relating to divorce and child custody. However, divorce is more a subset of family law, and there are many other fields and issues involved in it. So, what is covered by a Moultrie attorney that works in family law?

Marriage:

You already know divorce requires a divorce lawyer, but maybe you haven’t considered what work goes into the marriage in the first place. The main ways family law deals with marriage are:

Marriage License
Who Owns What?
Prenuptial (Agreements about property, finances, and almost anything you can think of made before a marriage)
Same Sex Marriage laws
Age of Consent

In regards to the first three subjects, it would definitely be helpful to have a Moultrie Family Law Attorneys help.

Divorce and Alimony:

Getting divorced almost always involves divorce attorneys and divorce lawyers. For more information about what goes into a divorce, check out our other blog post here. Alimony is another subject related to divorce. Alimony occurs when one spouse is required to financially support the other spouse after a divorce takes place. This again, takes a lawyer of family law to handle.

Child Support & Custody:

Family lawyers and the court are involved in the calculating how much child support is owed, college expenses, medical expenses, and other financial decisions. They also are involved in deciding where the child will primarily reside. They try to make these decisions based on the best interest of the children regarding living arrangement and financial support.

Adoption & Fostering:

Our Moultrie family lawyers come into play here by guiding clients through the adoption process and determining if someone has the eligibility to adopt. Fostercare is even more complicated with the many issues foster children face. They have to determine foster parents want to foster for the right reasons and will be taken care of in their foster home.

Marital Property:

Marital Property goes hand in hand with marriage and divorce, and even the death of a spouse. Our Moultrie family lawyers deal with who owns what if one of these events occur.

Emancipation:

Emancipation laws are set in place to help determine if a child is mature enough to live apart from their parents and to be independent. Family law helped establish the rights and privileges of a child who is successfully emancipated; such as the ability to enter into contracts and leases, keep money earned, get married, agree to medical treatments, and more. These rights can vary by state. A minor must file a petition with the court to begin this process.

Parental Rights:

Parental Rights range from liability of a parent’s child to the termination of rights for their child. Family Law makes parents responsible for non criminal yet malicious activity and damage done by their children. In regards to termination, the grounds for it may be found here. These rules were set in an effort to protect children. Of course a lawful proceeding by an attorney needs to take place before rights are terminated.

Paternity:

Paternity must be established sometime after the child is born, but if it’s not soon after it can lead to some complications. For example, if an absentee father leaves his hometown of Moultrie, Georgia, and then years later decides he wants to come back into his child’s life, he has to try to establish paternity first to have rights to the child. Other times, a man may want to challenge his own paternity to see if the child is really his. If a husband and wife have a child, the husband is presumed to be the father, but in the case of infidelity, he can challenge his rights to his child.

Domestic & Child Abuse:

Cases like these are handled in a criminal court but also involve family law intervention as well. Family Law deals specifically with laws by state defining what child abuse is and laws regarding reporting possible abuse cases. There is a list of people who are required by law to report suspicion of abuse.

Reproductive Rights:

Reproductive Rights revolve around an individuals right to reproduce and maintain good reproductive health. Laws regarding birth control, abortion, artificial insemination, and others are in this category and are regulated on state level and change quite frequently. Family Law also involves the distribution of reproductive information in schools.