Alpharetta Family Lawyer

When you consider the area of family law, you might think of divorce and other adult issues. In actuality, this area of law covers a wide variety of matters to do with families, children, and parental rights.

In addition to the dissolution of marriage, an Alpharetta family lawyer can assist you with child custody and support orders, adoptions, and even name changes. For any kind of family-related legal issue, retaining a dedicated attorney may be in your best interests

Handling Divorce

A divorce can be a complicated legal process, and it is important for both partners to have skilled legal professionals representing them.

Some couples reach a settlement quickly, either negotiating directly with each other or using a mediator. These couples can apply for an uncontested divorce, which is quicker and less expensive than a traditional divorce.

Most couples have a contested divorce, meaning that they must resolve issues relating to property division, alimony, child custody, and child support during the legal proceedings. The Fulton County Family Court schedules a series of status conferences to identify the issues that must be resolved and help the parties reach agreement. When the couple is unable to resolve their differences, the divorce will be scheduled for a trial.

Litigation Is Common in High Conflict Divorces

Most divorces settle before a trial, but when the couple is in high conflict a trial is more likely. This situation often arises when one of the spouses is determined to “win” and cannot compromise and is seen commonly in narcissistic divorce.

Representing a spouse in a high-conflict divorce requires legal knowledge, personal empathy, and courtroom skills. An Alpharetta spouse ending a marriage to someone who is volatile, manipulative, or controlling should ensure their family attorney is comfortable with high-conflict divorce and has substantial litigation experience.

How Are Family Custody and Support Agreements Decided?

When making legal decisions concerning youth, Alpharetta courts are required to put the best interests of the child first. This philosophy has been memorialized by O.C.G.A. §15-11-26. Georgia law does not prefer one gender to another on custody matters—fathers and mothers have equal rights to custody.

Parents must develop a parenting plan that includes a detailed schedule of when each parent will have the children. The plan also must address parental decision-making authority, transportation, child support, and similar issues.

In cases regarding child custody and visitation, as well as those concerning child support, the tribunal may use its discretion to consider several factors for the benefit of the children. These considerations include the ages and developmental levels of the children, as well as their need for continuity in their lives. An experienced family attorney in Alpharetta could leverage their expertise with child custody and support issues to help a parent pursue an optimal outcome for themselves and their family.

Determining Child Support

Children have the right to share in the financial resources of both their parents. When parents live apart, one parent pays child support to the other. Usually, the parent who spends less time with the children pays support to the parent who provides a home for the children most of the time.

Child support is determined by a formula that considers the gross income of both parents, the number of children they are supporting, and necessary expenses such as childcare and health insurance for the children. Depending on the family’s specific circumstances, the amount the formula produces may be subject to adjustment.

Adjustments are possible when a parent has an unusually high or low income, when the parents share custody roughly equally, and when a child has special medical or educational needs. Involving an Alpharetta family attorney in the child support calculation ensures that the child support amount is appropriate and complies with the law.

Name Changes for Members of Georgia Families

Adults in Alpharetta seeking to change their name or their name and gender may file a petition in the Fulton County court with the help of a family attorney. When someone under 18 seeks to change their name, their parents may file a petition on their behalf.

The court will ensure that the change is not motivated by an attempt to elude creditors or for other improper reasons. There may be a delay in finalizing name and gender alterations if someone objects. Under O.C.G.A. §19-12-2, a family court may hold a hearing concerning a name change to rule on written objections to the change in surname.

Sometimes people wish to change their name to avoid a domestic abuser, human trafficker, or for other safety reasons. The courts have procedures to protect the identity of persons seeking to change their name to avoid threats to their safety. It may be beneficial to have legal representation at such court dates.

Family Adoptions in Alpharetta

As there are many subsections of family law, there are also several types of adoptions. Couples may choose to adopt a child through a private agency or a state entity, but blood relatives or stepparents can officially adopt a child as well through specific procedures.

What Goes into Adoptions by Blood Relatives?

Blood relatives and family members related by marriage may adopt children under Official Code of Georgia §19-8-7. If the child is 14 years of age or older, however, they must give their written permission before they can be adopted.

According to state law, the list of qualified family members who may adopt children includes the child’s grandparents. A capable Alpharetta family attorney may have had experience with child adoptions by relatives and could offer further guidance.

Stepparent Adoptions

When a mother or father marries someone new, their children may develop a bond with the new spouse. Per O.C.G.A. §19-8-6, stepparents may adopt the children of their partner in marriage. However, stepparents in Atlanta may only legally adopt the children of their spouse when the other natural parent relinquishes their rights to them in writing or passes away.

Same-Sex Couple Adoptions

Although some private adoption agencies continue to discriminate against same-sex couples, gay couples have the same rights as others to adopt a child. Many such couples adopt through the foster care system or use Assisted Reproductive Technologies (ART) to have children. In the case of ART, the non-biological parent must adopt the child to have legal parental rights.

When one partner enters a marriage with a biological or adopted child, a stepparent adoption is possible. Alpharetta same-sex couples should speak with an experienced family law team to formalize their parental relationships with their children.

Contact an Alpharetta Family Attorney Today

If you need assistance with divorce, separation, or alimony, or any other family law issue, a skilled Atlanta family lawyer can provide essential guidance and support throughout your case. Call today to discuss your family law needs and start exploring your legal options.