In the State of Georgia, nearly all parenting plans and divorce settlement agreements incorporate clear language indicating that the primary custodial parent must notify the parent with a visitation schedule about any intended move – especially if it involves moving out of state. Because such a move will likely seriously limit the amount of time your ex will be able to spend with your shared children, the state wants to ensure that he or she isn’t unilaterally stripped of his or her parental rights. As a result, the court will generally hear modification petitions for changes in custody that can result in modified custody arrangements (or in altered visitation schedules that address the proposed move). In some situations, however, emergency relocation orders are necessary. If you are in need of an emergency relocation, don’t delay consulting with an experienced Georgia emergency relocation attorney.
The State of Georgia does have provisions in place for instances when emergency relocation is necessary. Typically, a situation warrants emergency action only if the children involved are in danger or if there are credible allegations of child neglect or abuse. To obtain the emergency court order you need to relocate with your children, you’re required to file an emergency petition with the court. Emergency custody orders are usually ex parte, which means that you won’t need to notify your children’s other parent of your intention or of the legal action you are taking. The emergency orders granted by the court are typically temporary, and you’ll need to readdress the issue before the temporary standing concludes (usually within 30 days).
Your Emergency Petition
In your petition for emergency custody that will allow you to relocate, you’ll need to provide the following:
- Basic personal information about yourself, your children’s other parent, and your children, including your full names, your dates of birth, and your current addresses
- Your reasons for requesting an emergency custody modification (for relocation)
The outcome of your petition is far too important to leave to chance and working closely with a dedicated emergency location attorney is always in you and your children’s best interests.
Your Emergency Hearing
At your emergency hearing, the judge assigned to your case will take your claim into careful consideration and will provide you with an immediate ruling. The judge’s ruling will be based on the evidence that you’re able to present, which can include any of the following:
- Medical documentation from doctor visits, trips to the emergency room, and your children’s medical records in general
- Any relevant police reports
- Photos depicting abuse
- Outside testimony
- Any other evidence that supports your claim
An Experienced Cumming Emergency Relocation Attorney Can Help
If you’re in need of an emergency custody order for relocation, the Forsyth County emergency relocation attorneys at Banks, Stubbs & McFarland have the legal experience, commitment, and compassion you and your children need. We’re here to help, so please don’t hesitate to contact us online or call us at 770-887-1209 for more information today.
“Robert ‘Beau’ Stubbs is a warm and caring man who will fight for you and help you achieve your legal goals. I was sideswiped with an unexpected divorce action and was not in great emotional standing when I first went to Mr. Stubbs. He helped me see what was important and figure out where I wanted to end up. It has been over a year since my divorce was final and I still call on him for issues that arise. He is a no ‘non-sense’ straight forward respected attorney.” – a client
Questions? Do You Want To Talk To A Lawyer? Contact Us.
Arrange your initial consultation at our law office in Cumming, Georgia, by calling 770-887-1209 or use the contact form below.
What are grounds for divorce in Georgia?
Georgia resident may be familiar with the term “no-fault divorce,” but Georgia does not define divorce in terms of “no-fault” or “at-fault.” The most commonly used reason in divorce pleadings is that the marriage is irretrievably broken. That is, there is no specific fault for any party. However, Georgia law still contains other grounds for divorce. These are set out in Georgia Code 19-5-3. Some of the grounds available deal with conditions that are present at the time of the marriage. For example:
- The parties are too closely related to have been legally married
- One of the parties lacks the mental capacity to consent at the time of marriage
- Fraud or duress was used to secure the marriage
- The husband is impotent
- The wife is pregnant by someone other than the person she marries at the time of the marriage
Other grounds for divorce involve issues that develop during the marriage. These can include:
- Willful cruelty
- Desertion by a party for over a year
- Habitual drunkenness or drug addiction
- An incurable mental illness
- The conviction of a party for a crime involving moral turpitude along with a prison sentence of at least two years
In most cases, the irretrievably broken (similar to a no-fault divorce) will likely be most beneficial, due to the lack of a need to prove any specific elements. If you are contemplating divorce, you should consult a Georgia family law attorney to determine which grounds best fit your situation. Call 770-887-1209 to schedule your appointment with one of our divorce attorneys or use our contact form to arrange a consultation.
Why do I need an attorney for an uncontested divorce?
Though you may believe your uncontested divorce will be easy, you are strongly encouraged to hire an attorney. Many documents are required in a divorce in Georgia, such as financial affidavits, child support worksheets, settlement agreements and other pleadings. Our attorneys will ensure that these are completed properly to prevent additional costs and delays from occurring in your case. Additionally, legal proceedings such as hearings, mediations and trials are still possible in an uncontested divorce and our experienced attorneys will handle these matters and ensure that your rights are protected. A lawyer cannot represent both parties in a divorce. If your spouse has hired an attorney, you need one as well, to ensure that your interests are protected. Here are some concerns that arise when you are not protected by a lawyer during a divorce: 1. Terms may not be fair without an attorney. Just because you and your spouse agree on a financial payment or custody arrangement, that may not mean you are receiving all that you are entitled to by law. Lawyers know what is fair and equitable and will ensure you receive what you deserve. 2. Discovery only takes place with an attorney. Though you may trust your former spouse, only an attorney can require full disclosure of assets and finances. Without a lawyer supervising the divorce, your spouse could hide or move money and property to prevent you from receiving your fair share. 3. Attorneys are the best at anticipating changes or disagreements. Though you and your spouse may see things eye to eye now, you still need an attorney for future issues. Having an attorney from the start will make the process easier and less time-consuming should an uncontested divorce become contested. Similarly, attorneys need to supervise custody and financial agreements to ensure that you are protected should there be a change in circumstances such as relocation of the child or an increase or decrease in finances. Don’t let your uncontested divorce leave you unprotected. Call 770-887-1209 now to schedule your appointment with expert divorce attorneys at Banks, Stubbs and McFarland today!