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Cherokee County Divorce Law Blog

Common questions about children and divorce

If you and your spouse have decided it's best for the two of you to go your separate ways, there are many boxes to check and emotions to be processed. At the heart of the situation, your children may be confused, angry and depressed about the changes. As a parent, you can calm their anxiety by having a solid plan in place and answers to common questions before presenting your offspring with the divorce. Statistics show that less than half of children under the age of 18 live in a traditional family, highlighting the fact that the issue must be addressed and dealt with to protect millions of lives.

Modifying a child custody agreement

During the course of your divorce proceedings, you may have felt inundated by issues that needed to be resolved in short order: child custody and support, housing considerations, asset division and career matters. At the time, you thought that the custody agreement was specific enough in how it addressed future conflicts. Now you realize that there are aspects of your new life that the custody agreement does not cover. You realize that your decision to request a modification of custody is not one to be taken lightly. The process is complex and may cause conflict with your former spouse, but you feel that the change will be beneficial.

While family court allows parents to modify visitation guidelines without requiring evidence that a change in circumstances warrants an alteration, the same standard does not apply for modifying custody orders. Changing custody agreements will not be allowed unless a parent can prove a significant change in family circumstances has taken place. We have discussed court-approved reasons for requesting a custody change: deployment of a parent, the wishes of the child and relocation of a parent.

Are child support orders extended for children with disabilities?

All children deserve financial support from both parents, which is a presumption child support orders all over the country address. Although each state has the ability to create its own child support guidelines, many adhere to the same standards, including at what age a child support order will terminate.

At this age, called the age of majority, it is assumed that a child is ready and able to join the workforce and make their own income. Unfortunately for children with some disabilities, reaching the age of majority doesn't end their dependence on their parents for financial support, which begs the question:

Noncustodial parents: Help! My ex won't let me see my kids!

In Georgia, judges see joint custody as the better custody arrangement because it allows parents to continue to take an equal part in their children's lives despite the fact that they are no longer living together. But just because parents are supposed to share legal and physical custody equally doesn't always mean it happens.

In some circumstances, parents will knowingly ignore the terms of a custody arrangement out of spite for their ex-spouse. They may purposefully skip visitation days or only drop of one child and withhold the others during a scheduled time. In many cases, noncustodial parents are on the receiving end of this maliciousness, which oftentimes leads to the question: 

5 tips to help you navigate the issue of a parental relocation

Once a judge makes a custody and visitation order final, both parents must uphold their end of the agreement, which means consistently fulfilling pick-up-and-drop-off obligations, meeting the terms of the time-sharing schedule and maintaining open communication with the other parent when plans need to change.

Unfortunately, when one parent decides to move away - whether because they need a new start in another state or have to move because of a work obligation - a relocation can interfere with that parent's ability to uphold their end of the custody agreement. In these types of parental relocation cases, Georgia law fails to offer proper guidance, forcing parents instead to follow these five guidelines: 

Dividing assets is a challenge made worse by deception

Most people who go through divorce simply want the process to be over as quickly as possible. For some, this means enforcing a prenuptial or postnuptial agreement. For others, it means working through tough negotiations that lead to a resolution both sides agree to.

Unfortunately for individuals with considerable wealth, divorce proceedings aren't always easy to work through or quick in nature, for that matter. Most contentions arise during the course of property division where certain assets, such as business holdings and stocks, require valuation and equitable distribution. 

How Much should Mandy Moore be paid to walk her dogs?

After six years, Mandy Moore and Ryan Adams have ended their marriage. They would have liked to do so earlier - they announced their separation well over a year ago - but could not agree on the terms of their divorce.

Their disputes hinged, in part, on Moore's demands for spousal support, and Adams's refusal to pay it. Namely, Moore believed she was entitled to monthly payments of $37,000 in exchange for taking care of the couple's six cats and two dogs.

What's more, she may have been right.

Will your divorce decisions affect your taxes?

With the tax deadline behind us, it's unlikely that a lot of people have next year's taxes on their minds. But for couples presently going through divorce proceedings, it might be a good idea to at least consider next year's tax filing. That's because some of the decisions you make this year during divorce proceedings can change how you address your taxes next year.

Here is a list of five important decisions made during the divorce process that should take extra consideration if you do not want to negatively impact your filing status next tax season. 

Does a spouse have claim to an inheritance in divorce?

Most people say the worst part of getting a divorce is dividing assets and debts. Because of heightened emotions and hurt feelings, most people are typically worried about how much their spouse will get and whether they are getting a fair deal or not.

But for people with unique assets, like inheritance money, concern can go beyond how much their spouse will get, changing into concern over whether their spouse will have a claim to those assets at all. 

3 tips for effective co-parenting after a divorce

Deciding to end your marriage can be hard enough on a married couple, but when children are involved, the challenges can be even greater. While you may prefer to never interact with your soon-to-be former spouse again, the reality after a divorce involving kids is that you will likely have some degree of affiliation with your ex moving forward.

Consequently, it's wise to consider how you will learn to co-parent with your ex soon after considering a divorce. Making the transition as smooth as possible is typically the goal for most parents.

Luckily, there are some steps you can take to help your kids adjust to life in two separate houses.

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