Legal Insights & Expert Perspectives

Custody, Emergency Malone Allen Custody, Emergency Malone Allen

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.

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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.

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Can Fathers Get 50/50 Custody in Georgia? Understanding the Law and Maximizing Your Chances

In Georgia, fathers are legally entitled to the same consideration as mothers when it comes to child custody. The law is gender-neutral on its face—but that doesn’t mean the road to 50/50 custody is an easy one. This post explains how Georgia courts evaluate custody, where equal custody requests often go wrong, and what fathers can do to maximize their chances of achieving a truly shared parenting arrangement.

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What Happens After You Lose in Family Court? Your Right to Appeal in Georgia

Georgia law allows you to appeal many types of family court decisions. But appealing is not simply a matter of disagreeing with the outcome. It requires a solid legal foundation, proper recording of the legal issue before or during trial, a clear understanding of the appellate process, and strict compliance with deadlines and procedures.

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Should You Request a Guardian ad Litem in Your Custody Case?

Child custody disputes are among the most emotionally challenging and legally complex matters family courts handle. In high-conflict cases, courts sometimes appoint a Guardian ad Litem (GAL)—a neutral third party tasked with investigating and making recommendations about what custody arrangement serves the best interests of the child. But what if your case doesn’t start with a GAL? Should you request one?

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Georgia’s Equitable Caregiver Act hangs by a thread with recent Supreme Court decision

The Georgia Supreme Court has issued a significant ruling in Dias v. Boone, striking down the retroactive application of the state’s Equitable Caregiver Statute (OCGA § 19-7-3.1). The decision has broad implications for non-parent caregivers seeking legal rights to children they have helped raise, and it reinforces the constitutional protections afforded to legal parents.

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