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 GA Supreme Court, in the recent case of Gonzales v. Gonzales, followed longstanding GA law and affirmed a lower court contempt judgment finding that property excluded from a divorce judgment remained jointly titled in the former spouses’ names.  “The rule of law … is clear [that] … a divorce decree must specifically describe and [...]

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 [...]