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Atlanta Child Custody Lawyers

Posted on: September 16th, 2013

Experienced Child Custody Attorney Atlanta, GA

If you’re searching for a child custody attorney in Atlanta, you’ve come to the right place. Indeed, after decades of practicing Georgia divorce and custody law, we know that in divorces involving children there is often little else that will matter more than who will have primary custody of the children and how they will be raised. In order to ensure that you and your children are well protected, it is essential that you have professional, experienced legal counsel on your side.

The divorce attorneys at Kitchens New Cleghorn, LLC are sensitive to how important an issue this can be, and offer decades of experience keeping families intact. We bring expert knowledge of Georgia family law to the table, and the experience of how to best represent your interests to the court.  Importantly, child custody laws in Georgia are designed to keep “the best interests of the child” in mind, but that term is inherently subjective and entirely dependent upon the facts presented. Let the lawyers at Kitchens New Cleghorn, LLC work to ensure that what the court defines as your child’s “best interest” is what you seek as well.

What Are “The Best Interests of the Child” as Defined by GA Family Law?

When determining what is in the best interest of a child, Georgia custody law allows a court a large degree of discretion, and a judge can consider many different factors. Some of those factors include:

  • A child’s age and desires
  • Parental stability
  • Parental criminal history
  • Ability of the parent to care for the child

and more. A court will use these factors to decide where your children should spend most of their time.

What Types Of Custody Exist Under Georgia Law?

Custody laws in Georgia provide for a variety of options. Those include:

  • Joint Custody: This falls into two subcategories:
    • Joint legal custody, in which both parents have the right to contribute to major decisions regarding their children
    • Joint physical custody, in which the child or children split time living with both parents
  • Sole Custody: This also falls into two subcategories:
    • Sole legal custody, in which one parent has the authority to make major decisions regarding their children
    • Sole physical custody, in which the child or children lives with one parent

Our child custody Attorney in Atlanta will work closely with you to review all the details of your case in determining whether petitioning for joint physical, joint legal, or sole legal/physical custody is right for you and your children. You can also read more about different types of custody arrangement in Georgia in our Infocenter at https://www.knclawfirm.com/practice-areas/family-law/child-custody/.

*Note that your child support payment schedule will rely heavily on your custody schedule.

Georgia Custody Schedules as Explained by our Child Custody Attorneys

A custody schedule in Georgia can be as simple or as complex as needed to fit your particular circumstances.  Schedules can involve mid-week visits, alternating weekends, and more. Questions such as who will have the children for holidays and birthdays will also have to be resolved. Because your custody schedule will determine how you and your spouse will split time spent with your children for years to come, it’s important that it is crafted with care and expertise. Without the proper legal guidance, one can quickly miss out on valuable time spent with their child. Look to Kitchens New Cleghorn, LLC’s experienced custody Attorneys to help you create a comprehensive custody and visitation schedule that meets the requirements of Georgia law and preserves your precious family ties.

Changes to Georgia Child Custody Schedules

Life circumstances don’t always stay the same and neither should your custody schedule. If you move, get a new job, or experience any other lifestyle changes, your previous schedule may no longer be convenient or practical for you or your children. Thankfully, Georgia law allows for the modification of custody schedules. Our Atlanta child custody lawyers can petition the court to modify your schedule in a way that matches your life needs. If a career change, a move, or some other major change means your old schedule is no longer a fit, give us a call right away.

 

Child Custody Attorney AtlantaContact Our Child Custody Attorney in Atlanta

Divorce should never cost you family relationships. Arrange a consultation with one of our skilled divorce attorneys as soon as you begin seeking a divorce. We’ll walk you through the court system and reach a resolution that protects the best interests of you and your children. For a typical contested custody issue, our law firm retainer begins at $5,000.00. To talk with one of our family law attorneys about representing you, either fill out the brief form to your left or give us a call.

Kitchens New Cleghorn, LLC is also well-versed in all other aspects of Georgia family law, such as alimony payments, property division, uncontested divorce, prenups, child adoption, non-traditional partnerships, and more.

Our office is located in the heart of Buckhead at 2973 Hardman Court, Atlanta, GA 30305. Plenty of free parking is available on-site. For directions to our office, call (404) 844-2856.


Atlanta Contested Divorce Litigation Attorneys

Posted on: September 16th, 2013

Atlanta Divorce Litigation Attorneys

Divorces are sensitive matters. Division of assets and alimony – these things can become a real stressor and make a real and lasting impact on your and your loved ones lives forever.  Kitchens New Cleghorn, LLC. specializes in all aspects of Atlanta divorce litigation – please find our information on these topics and more below.

High Asset Divorce Litigation Atlanta

High Asset Divorce Litigation in Atlanta is no doubt something you have looked into. If you are dealing with a contested divorce in the Atlanta area, and especially if significant assets are involved, having an experienced litigation divorce attorney will be essential to ensuring that your interests are protected. A contested divorce is exactly what it sounds like — one in which spouses cannot agree on specific details concerning the end of their marriage, such as child custody, child support, alimony payments, and more. In cases of high net-worth individuals, the stakes in a divorce can be high, and it is the job of your attorney to present as much evidence as possible in order to influence the court’s decisions. The high asset divorce litigation Atlanta attorneys at Kitchens New Cleghorn, LLC rely on years of experience and will work closely with you to gather the facts and information necessary to present your case and influence the court toward a decision that will best serve your needs.We pride ourselves on offering not just legal counsel, but personal dependability during your high asset divorce litigation, Atlanta.

Atlanta Contested Divorce Attorneys -The Info

We understand, you need information on Atlanta contested divorce attorneys. There are two main types of divorce – contested and uncontested. In the case of an uncontested divorce, both parties are able to agree on the specifics of the divorce, negotiate, and reach a plan that is presented to the court. Unfortunately, things don’t often occur this way, and this is when having a strong advocate on your side is essential.

A contested divorce occurs when spouses can’t agree on key things concerning their split. Some of those can include:

and more. When an agreement on these personal details can’t be reached, a court may suggest mediation to reach a settlement and avoid a more costly and emotional trial. Should that process not work, the divorce would proceed to trial. Attorneys for your spouse will then enter the “discovery” phase, researching finances and other personal details to build their case and influence a decision that will benefit your spouse. It’s key that you have representation that will work even harder to present the court with facts and information that will benefit you. Reach out to our Atlanta contested divorce attorneys to discuss the details of your case.

Contested Divorces in Atlanta, GA

Sometimes personal conflict makes a contested divorce inevitable: A couple may simply be at an impasse on vital issues. Other times spouses begin the divorce process on the same page with regards to sensitive issues like child custody only to find they ultimately disagree.

And still other times, our Atlanta contested divorce attorneys may feel it is not advisable for a client to negotiate with their spouse. This is typical when a divorce involves allegations of domestic abuse or other power imbalances that may make truly fair negotiation hard. Our lawyers will review the circumstances of your divorce honestly and help you determine what type of divorce works best for you.

Contact Us

Our contested divorce lawyers in Atlanta are ready to help you understand the details of getting a contested divorce. To talk with one of our attorneys or to find an attorney to represent you, either give us a call at (404) 844-2856 or simply fill out the brief form on this site.

Atlanta Office

Our Atlanta office is located in the heart of Buckhead at 2973 Hardman Court, Atlanta, GA 30305. Plenty of free parking is available on-site. For directions to our office, call (404) 844-2856.


Time to put politics aside and reform immigration

Posted on: September 6th, 2013

It is rare for Georgia businesses — large and small, urban and rural — to agree on much of anything. But they do agree that there is an urgent need for Congress to put politics aside and move forward with reforming America’s immigration laws.

Widespread frustration with the current immigration system and the need for reform was on display last week at the Atlanta Rotary Club, where Atlanta’s business community and Georgia’s agriculture community gathered to listen to former governors Ed Rendell of Pennsylvania and Haley Barbour of Mississippi. Rendell, the former chairman of the Democratic National Committee, and Barbour, the former chairman of the Republican National Committee, have joined forces as two of the co-chairs of the Bipartisan Policy Center’s Task Force on Immigration.

“Nothing is worse for America than the status quo,” Gov. Barbour told the Rotary Club. “We’ve got a system that’s broken. We need to do something about it for our economy, for our future.” Georgia Farm Bureau President Zippy Duvall, who was in the audience, recently expressed similar frustrations on behalf of Georgia’s$71 billion agriculture industry — if Congress “fails to act,” Duvall wrote, “the American people will keep the same flawed immigration policy we have right now. Nobody will be happy with that.”

Amazingly enough, on the same day Rendell and Barbour appeared before the Rotary Club, the incoming chairman of the Metro Atlanta Chamber, Delta CEO Richard Anderson, met with the editorial board of Atlanta Business Chronicle to express the view that the current immigration system was hurting Georgia businesses, according to reports of the exchange.

And earlier this year, Coca-Cola CEO Muhtar Kent told an interviewer, “I see a general consensus that there is a need for a 21st century immigration policy in the United States. I truly hope that this opportunity will be realized.”

So what is standing in the way of progress when the interest of Fortune 100 companies, like Coca-Cola and Delta, are the same as the interest of a farmer in Hawkinsville or chicken processor in Ellijay?

Not surprisingly, politics.

Gov. Rendell explained that there are more than enough votes in Congress right now to pass a comprehensive immigration reform bill — a bill that would provide Georgia businesses with the reliable and capable workforce they need. But unfortunately, House Republicans, including members of Georgia’s congressional delegation, fear that any support for a path to citizenship for the approximately 11 million immigrants who are in the United States illegally today would invite charges of supporting “amnesty” and a potential primary challenge in 2014.

Meanwhile, on the Democratic side, the president has said that he won’t sign a bill that doesn’t include a path to citizenship for those 11 million.

For the sake of Georgia’s economy, Congress — led by the state’s delegation — needs to reach a deal to make it easier to hire much-needed scientists and engineers, to keep talented students who graduate from Georgia’s colleges and universities in the state where they can launch startups and create jobs, and to make it possible for the 11 million to stay here legally, regardless of whether there is a path to citizenship.

According to the Department of Homeland Security, Georgia is home to approximately 440,000 of those 11 million, many of whom are part of and contribute to Georgia’s “Essential Economy,” which a recent report byGeorgia Tech’s Innovation Services Group defined as the goods and services that are essential to our way of life, that have to be produced right here in Georgia and that, as of 2010, contributed $49 billion to the state’s economy. The Essential Economy workforce includes hotel, restaurant and construction workers, landscapers and nursing home attendants, and those who harvest crops, pick produce and drive the state’s poultry industry.

Georgia has a long history of finding common ground on divisive issues, especially when it is in the best interest of the state’s economy. We are at such a crossroads with immigration reform and there is a great opportunity for Georgia’s congressional delegation to harness the emerging consensus from across the state’s business community to get something done in Washington.

Stein, who served as legislative director and general counsel for Sen. Joe Lieberman, I-Conn., leads the government affairs practice at Kitchens New Cleghorn LLC and is a lecturer at the Sam Nunn School of International Affairs at Georgia Tech.

Resource:

http://www.bizjournals.com/atlanta/print-edition/2013/08/30/time-to-put-politics-aside-and-reform.html?page=all


Divorce and Emotions

Posted on: September 4th, 2013

Child Support Overview

Posted on: September 4th, 2013

Prenuptial Agreements

Posted on: September 4th, 2013

Divorce and Mediations

Posted on: September 4th, 2013

Georgia Alimony: Periodic or Lump Sum Payments?

Posted on: August 12th, 2013

If you are in the midst of the Georgia divorce process and your family law attorney has let you know that you will likely receive alimony from your spouse, you might be wondering what your options are in terms of receiving the payment. Of course the advice of your divorce lawyer will be critical since it will be specifically tailored to your unique situation, but there are some general principles you should know when deciding between periodic and lump sum alimony payments.

Periodic Georgia Alimony Payments

Periodic vs lump sum GA alimonyDepending on the type of alimony payments you receive (temporary, permanent, or rehabilitative), and depending on your financial situation at the time of your divorce, periodic payments may be your best bet:

  • Generally, periodic alimony payments in Georgia are made on a monthly basis.
  • If temporary, they will be made until the divorce ends.
  • If permanent, they will be made until the recipient dies or remarries.
  • If rehabilitative, payments will be made until a specified occurrence or date.
  • In terms of taxes, periodic alimony in Georgia can be quite complex, both in terms of how and when you may deduct or state them as income. Consult not only with your attorney but a tax professional you trust regarding how periodic alimony may affect your tax situation.

Lump Sum Alimony Payments

Here are the main aspects of Georgia lump sum alimony payments:

  • Lump sum alimony payments are also known as “alimony in gross”.
  • One-time payment that is generally still made even if the recipient dies or remarries.
  • There may be a tax advantage in receiving lump sum over periodic payments.
  • Many times, the payment ends up being less overall than with periodic payments.
  • However, taking into consideration the possibility of investing the lump sum amount, it still may be a better decision financially.

The best way to determine which is right for you is to work closely with your Georgia divorce and alimony lawyer as well as with your financial advisor. That way you can make the best decision for you while working within Georgia alimony law. To schedule a consultation with one of our divorce lawyers in Atlanta GA, please fill out the brief form on this page and we will be in touch with you shortly!

 


Uncontested Divorce vs Contested Divorce in Georgia

Posted on: August 12th, 2013

The Differences Between Contested Divorce and Uncontested Divorce

The first step to filing for a divorce in any state is determining whether you plan on getting a contested or uncontested divorce.  If you are not familiar with divorce laws (most people are not if they do not have previous experience), you may not be familiar with the difference between the two.  However, the two types of divorce are extremely different, so it is important to know the difference between the two and which type is best suited for you.

Uncontested Divorce:

When couples seeking divorce are able to meet eye to eye in regards to settlements, alimony, child support and so forth, an uncontested divorce is appropriate.  Uncontested divorces are generally faster, cheaper and less messy.  In an ideal world, all divorces would be uncontested.  However, most couples seeking divorce don’t often see eye to eye when it comes to dividing assets and other possessions fairly.  Usually, a lawyer involved in an uncontested divorce is mainly responsible for drafting up a settlement agreement between both parties.

Contested Divorce:

Getting a contested divorce in Georgia is very different from an uncontested divorce. Couples who are not able to come up with an agreement in terms of settlements, child custody, amount of alimony and so forth should consider getting a contested divorce.  Filling for a contested divorces calls for the skill set, the familiarity with divorce law and the expertise of a divorce lawyer.
contested divorce in georgiaThe best law attorneys have noted that couples who aren’t on speaking terms, couples where one spouse cheated on the other, or couples who absolutely cannot see eye to eye usually opt for a contested divorce.  Contested divorces are generally longer than uncontested divorces.  The speed of the divorce is dependent on how quick both parties can come up with an agreed settlement.

Determining Which Type of Divorce is Right for You:

It may be hard to decide what type of divorce is right for you in the beginning stages of your divorce.  Sometimes, it is difficult to determine whether a divorce is uncontested or contested in the beginning and what may seem to be an uncontested divorce can ultimately turn out to be contested in the end. The key question is whether you perceive that you and your spouse can work things out over the course of a divorce, but whether you have already done so. Hopefully this blog gives you a little better idea of what an attorney is really asking when he/she asks if your divorce is contested or uncontested.


Divorce Lawyers: 10 Signs of Troubled Marriages

Posted on: August 12th, 2013

signs-of-troubled-marriageBefore you race to the yellow pages and start looking up “best Atlanta divorce law firm”, take some time to really evaluate your relationship. Fighting is a common occurrence between couples. In fact occasional fighting and butting of heads can actually be beneficial for couples. But when your occasional disputes turns into constant fighting and indifference, your relationship may be in murky waters. Is your marriage possibly in trouble? Here are ten signs that there might be a bigger problem than which piece of furniture to get.

1. Unhappiness with relationship:
Do you find yourself feeling unhappier when you are with your spouse? If so, this should be a red flag signaling a greater problem. It doesn’t necessarily mean that you should get ready to sign the divorce papers, but it does mean that you and your partner should take time to figure out what is causing the unhappiness.

2. Same repeated arguments:
If you and your spouse are having the same arguments over and over again, it could mean that you are realizing different core values. People are bound to change as they age. Sometimes the change is minor, sometimes it is for the better, and sometimes those changes can cause a rift between two people.

3. Lack of physical intimacy:
Physical intimacy is a good indication of troubled marriages. Happily married couples report high levels of physical intimacy even after many years. High reason for divorce has been lack of physical intimacy.

4. Constant criticism:
Are you constantly criticizing your partner? Is your partner constantly finding ways to belittle you? Constructive criticism is one thing, but constant criticism is a clear sign that something is amiss. People often resort to criticism to uncover their unhappiness with something in general.

divorce-in-georgia5. Lack of communication:
When you have good or bad news, do you shy away from telling your spouse? Communication is key for a functioning relationship. A tall tale sign of a troubled marriage is lack of communication on all levels.

6. Threat of physical abuse:
Any relationship where one of the spouses is in danger of physical or emotional abuse is one that is on rocky foundation. Abuse of any kind goes beyond a failed marriage. If you are in an abusive marriage, look into a quality divorce lawyer who can represent you.

7. Constant nitpicking:
Repeated nitpicking can be annoying. Such a habit is able to put up a wall between you and your partner. Unless it is within your personality to nitpick other people as well, your habit of nitpicking your wife/husband can be your subconscious tugging at your overall dissatisfaction with something deeper.

8. Suspicions of infidelity:
Infidelity is one of the most common reasons and grounds for filing a divorce in Georgia, nationwide, and worldwide. People who suspect their partner is cheating are either right or allow the worry to consume them.

9. Lack of common goals and virtues:
Change is inevitable. We can’t predict how we as individuals evolve, how our goals change, and how our priorities change. However a common reason for divorce occurs when a spouse places more importance on work or if a spouse lacks any kind of goals.

10. Find yourself looking for distractions:
Spending time with your partner should not be a requirement, tedious, or dreaded. If you’re looking for ways to distract yourself or to spend less time with your partner, it might be time to address the issue at hand.


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