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 [...]

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 [...]

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 [...]

The following link leads to a recent news article about the difficulties faced by divorced fathers in Japan.  Under Japanese law, courts can only award custody to one parent, usually the mother.  However, there is a growing movement to expand father’s rights under Japanese law.  Read this article for an interesting contrast between Japanese law [...]

Today it is not unusual for parents to move to another state after their divorce or custody case is concluded.  Whether you are the custodial or non-custodial parent, you should keep in mind that a move to another state will not necessarily mean that your custody case will follow you there.  Under the Uniform Child [...]