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 [...]

GA divorce law provides that a trier of fact (i.e, the judge or jury) may consider the parties’ conduct during the marriage in deciding whether to award alimony, but evidence of the conduct is not admissible in determing the amount of the alimony awarded.  See O.C.G.A. 19-6-1(c).  Always consult with an attorney if you are [...]

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 [...]

In the recent case of Herrin v. Herrin, the GA Supreme Court reversed a trial court’s decision to increase a child support award and award attorney’s fees.  The trial court had found that the mother was “underemployed” and capable of earning more income.  The Supreme Court, however, held that the record was devoid of any evidence [...]

Georgia law does not recognize common law marriages contracted in Georgia after January 1, 1997.  However, a recent GA Supreme Court case shows that the issue can still arise in courts of this state.  In Norman v. Ault, the GA Supreme Court held that a common law marriage could be recognized in a GA trial court [...]

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 [...]

All Georgia husbands and wives should keep in mind that gifts they either make to or receive from their spouse remain marital property subject to equitable division in a divorce case.  This principle was recently reaffirmed by the GA Supreme Court in the case of Coe v. Coe.  In that case, the Supreme Court affirmed [...]