Legal Insights & Expert Perspectives
When Marriage Equality Meets Georgia Family Law: What Same-Sex Parents Need to Know
In 2015, the United States Supreme Court decided Obergefell v. Hodges, holding that the Constitution protects the right of same-sex couples to marry.…one recent Georgia custody dispute illustrates, marriage equality and parental rights do not always move in perfect lockstep. When divorce enters the picture, long-standing statutory language can collide with modern family structures in complicated ways.
Guardians ad Litem: How States Approach Child-Centered Custody Investigations
When custody cases become high conflict, especially when allegations of abuse, mental health concerns, or safety risks arise, courts often turn to a Guardian ad Litem (GAL) to help determine what arrangement is truly in the child’s best interests… However, across the country, states are reconsidering how GALs should be trained, supervised, and used, particularly in cases involving domestic violence.
In Honor of Native American Heritage Month, Let's Discuss the Indian Child Welfare Act
In a major decision reaffirming Native American rights and the scope of federal authority, the U.S. Supreme Court voted 7–2 to uphold the Indian Child Welfare Act (ICWA), in 2023. ICWA is a 45-year-old law designed to protect Native children and preserve tribal integrity.
THC, Custody, and Changing Cannabis Laws in Georgia: What Parents Need to Know
As laws surrounding cannabis continue to evolve, both federally and in Georgia, the legal and social landscape of THC use and child custody is changing with it. What was once an automatic red flag in custody litigation is becoming a more nuanced issue, as judges, lawmakers, and even medical professionals grapple with where to draw the line between lawful use, dependency, and potential risk to children.
Emergency Custody Motions in Georgia: When Are They Allowed?
When a parent fears for the immediate safety or well-being of their child, the instinct is often to go to court right away. In Georgia, parents sometimes ask about filing an “emergency custody motion.” While this option does exist, Georgia courts are very careful about when such motions can be filed and granted. Understanding the law (and the limits) can help parents make informed decisions.
When is it OK to withhold visitation in Georgia?
Custody and visitation disputes often stir up deep emotional tension between co-parents. But while frustration and fear are understandable, especially when a parent believes their child may be at risk, taking unilateral action by withholding court-ordered visitation is almost never the right answer. In Georgia, such actions can expose a parent to serious legal consequences, including contempt findings, sanctions, and even changes to custody arrangements.