Brenner Law Group has considerable experience negotiating child support provisions. Because child support is paid in after-tax dollars, we like to consider child support within the context of the entire financial divide between the parties. We will help you make financially responsible decisions for your children.

Calculating Child Support in Georgia

In Georgia, there are statutory guidelines for determining the appropriate amount of child support. These are, however, just guidelines. There is a presumption that the amount is a proper amount, but that presumption may be rebutted. The Court may still use its discretion in determining support obligations, which is where Brenner Law Group can step in to help.

Some of the factors a court may weigh in deviating from the guidelines are:

• The best interest of the child or children for whom the support is being considered
• The circumstances of the parties
• Special needs of the child or children
• For children of unmarried parents, the courts will try to achieve the same economic standard of living enjoyed by children living in intact families.

The final award of child support can be decided either by the judge or by a jury in a contested case. You are entitled to a hearing to obtain an award of temporary child support while waiting for the entire case to be resolved. The temporary hearing will be in front of a judge. Normally, child support is paid in monthly or bi-monthly installments until the child reaches the age of majority or some other event of emancipation occurs. If you need one, the courts can issue an order having child support removed from the paying spouse’s salary.

Types of Child Custody

You have probably heard the terms “joint custody” or “sole custody,” but you may not know that the “custody” part of those terms can refer to either legal or physical custody.

Legal Custody

Legal custody is about decision-making authority. A child’s legal guardian has the right and responsibility to make decisions for the child’s upbringing. This includes decisions about education, extracurricular activities, religious instruction, whether the child needs tutoring or counseling, and medical and/or dental care. The default in Georgia is that both parents to share legal custody to make joint decisions int he best interest of their children. In some cases, it may be in the child’s best interest for one parent to be stripped of this authority, if you believe the other parent is unfit or unable to make decisions regarding your child’s upbringing that are in their best interests, Brenner Law Group can help you present your case.

Joint Legal Custody

Joint legal custody can take many forms. The parent who is the primary legal custodian might have most of the authority with regard to the children. While the other parent can have a say in decision making, the primary legal custodian often has the final decision-making authority if the parents don’t agree. Even if you do not have primary legal custody, having joint legal custody gives you the right to access medical records, report cards, legal documents, etc. without authorization from the primary custodian.

Sole Legal Custody

If parents cannot get along, a judge can order all decision-making to go through a neutral third party called a “custody coordinator.” That is an expensive solution, as the parents must pay the custody coordinator. Another solution is to give one parent sole legal custody. The court may also award sole legal custody if a parent:

• Is too far away
• Is neglectful or abusive
• Doesn’t spend any time with the children

It is very important to contemplate the legal custody issue very carefully. Our attorney Emily Brenner will speak to you about possible scenarios.

Joint Physical Custody and Sole Physical Custody

Physical custody is where a child lives. It can be shared or granted to only one parent. Joint physical custody isn’t always 50-50 between two homes and this shared arrangement may not be best when parents do not get along.

Sole Custody & Visitation

When one parent is granted sole physical custody, the other parent is awarded the right to scheduled time with the kids, known as visitation or parenting time arrangements.

Be careful when deciding on legal custody to make sure that you have covered whether the legal custodian has the right to remove the children from the jurisdiction of the Court. This subject can be confusing and overwhelming, especially for parents going through the emotional turmoil of divorce. Let Brenner Law Group help clarify, schedule a consultation today online or by calling (404) 751-8868.

Determining Child Custody in Georgia

In Georgia, the central question in determining child custody is, “What is in the best interest of the child?” The one who makes that decision is the judge assigned to your case. If the parents agree on how custody should be handled and the judge doesn’t see any red flags, usually the parents’ wishes are respected, and the judge will approve them.

Child custody is a very emotionally charged issue, and oftentimes, the parents and the court need a neutral third party who is qualified to gather information and make a recommendation to the court or judge. This person will either be a Guardian ad Litem (GAL) or a custody evaluator (CE). When needed, the judge will appoint the GAL or CE. Typically, both parents share in the cost, which can be substantial.

Considering the Child’s Wishes

In Georgia, a 14-year-old has the right to choose the parent with whom he or she desires to live. The child signs a notarized statement called a Custody Election Affidavit that sets out the child’s wishes. The signed election raises a strong presumption in favor of granting the child’s wishes. There are circumstances in which it is appropriate to challenge the election.

If you have a child, who has elected to live with the other parent, speak with our attorney to weigh all the many factors involved before moving forward. Again, you may want to ask for a GAL or Custody Evaluator.

What is a Parenting Plan?

All cases in Georgia involving child custody must have a formal parenting plan incorporated into the final decree. Many counties in Georgia have county-specific forms on which they like the plan to be set out. If the parents come to an agreement on a parenting plan, they can ask the court to make that plan a part of the final divorce.

As you can imagine, many parents disagree on what the parenting plan should be. Often, the judge will appoint a Guardian ad Litem, a person with special training (usually an attorney or a psychologist) whose job is to do an investigation and make a report to the court recommending what the parenting plan should be. In contested cases, the judge makes the ultimate decision on parenting after hearing the evidence.

Georgia law requires that parenting plans have the following provisions in them:  

• A recognition that a close and continuing parent-child relationship and continuity in the child’s life will be in the child’s best interest;
• A recognition that the child’s needs will change and grow as the child matures and demonstrate that the parents will make an effort to parent that takes this issue into account so that future modifications to the parenting plan are minimized;
• A recognition that a parent with physical custody will make day-to-day decisions and emergency decisions while the child is residing with such parent;
• That both parents will have access to all the child’s records and information, including, but not limited to, education, health, extracurricular activities, and religious communications.

Brenner Law Group understands that you want the optimal situation for your children even as you work through the challenging experience of divorce. Ms. Brenner is both an Atlanta child custody lawyer and psychologist who has been appointed as a Guardian ad Litem in contested cases. Please contact us today to begin the process.

How to Legitimate a Child in Georgia

There are two main ways to legitimate a child. Both parents can voluntarily choose to sign an Acknowledgement of Paternity form. The other way is for the father to file a Petition for Legitimation with the court. This requires notification of the mother and does not automatically result in a judicial order. The court must believe that legitimation is in the child’s best interests. This is where Brenner Law Group can help.

Custody & Visitation

After legitimation, our North Atlanta parental rights attorney can file petitions for child custody and visitation. Neither legitimation nor custody are guaranteed, even if a DNA test has shown that you are the parent of the child. It is up to the discretion of the judge, based on what he or she believes is in the best interests of the child. This is where an experienced lawyer is essential. Our attorney Emily Brenner has more than 30 years of experience and a unique skill set to meet the needs of our clients.

Attorney Emily Brenner has diverse educational and professional background as:

• A trial lawyer
• Divorce and family law attorney
• Seasoned mediator and negotiator
• Nationally certified counseling psychologist
• Ordained Rabbi

The legal system and process are complex, but Ms. Brenner has a level of knowledge and experience that can only be gained through decades of experience. She has honed the skills needed to predict the outcome of different courses of action and uses this knowledge for the benefit of her clients in the Metro Atlanta area. Don’t miss out on this valuable help!

Creating a Plan to Meet Your Child’s Current & Future Needs

Divorce, child support, and custody matters are always difficult. The decisions that need to be made for a child with a learning disability, physical illness, or another condition present unique challenges, both in family life and the divorce process. Parents need to have a plan in place to maximize resources for the child while avoiding decisions that unintentionally result in forfeiture of benefits to which the child is entitled.

Determining Appropriate Support for a Special Needs Child

Georgia has statutory guidelines in place for determining the appropriate amount of child support for a child. However, there are several factors that allow the court to deviate from the statutory guidelines for determining child support, including having a child with special needs. Our family law attorney Emily Brenner can step in to help.

A parenting plan should include information about:

• The current and future medical and functional needs of the child;
• The continued well-being of the child as he or she ages;
• How to structure child support in light of resource limits for public benefits;
• Use of a special needs trust to ensure that all Medicaid and SSI benefits remain intact