In the recent case of Zinkhan v. Bruce, the GA Court of Appeals held that probate courts have exclusive jurisdiction over the apointment and removal of testamentary guardians.  A testamentary guardian is a natural person appointed in a will to care for the child(ren) of another after that person’s death.  In Zinkhan, two sets of [...]

The Georgia Court of Appeals recently issued a decision that should serve as a warning to all fathers of illegitimate children.  In the case of Smith v. Carter, the Court clarified prior case law and held that a mother can collect up to the actual amount of her expenditures for supporting an illegitimate child from the [...]

Under GA law, children born to unmarried parents are considered illegitimate.  OCGA 19-7-25 provides that only the mother is entitled to custody of an illegitimate child.  Fathers of illegitimate children have no rights until the child is legitimated.
Generally, the best way to handle such a situation is for the father to file an action to legitimate [...]

The failure to file an answer in a divorce case can deprive a litigant of the right to notice of a final hearing.  In the case of Ellis v. Ellis, the GA Supreme Court affirmed a trial court’s denial of a motion for new trial where the wife’s attorney failed to file an answer.  The [...]

It has become more common today for grandparents to pursue custody or visitation rights with their grandchildren, especially when the parents are unable or unwilling to provide proper care for their children.  Additionally, the family breakups occasioned by divorce frequently leave children living with only one parent, generally the mother.  This can result in the cutting [...]

Georgia law is unique in that it permits a minor child over the age of 14 to make a presumptive custody election stating with which parent the child prefers to live.  Prior to a recent change, that election was binding upon a court, unless the selected parent was shown to be unfit.  Current Georgia law [...]