Non-Traditional Families

Child Custody in Non-Traditional Cases

Child custody cases involving domestic partners are often complex. If the child is the offspring of an unmarried couple, the paternity of the child may be in question, requiring legitimation. Other than marrying the child’s mother, legitimation is the only way that the father of a child born in the state of Georgia may establish legal rights to his child. Even if you are listed as the father on the child’s birth certificate, if you are not married to the child’s mother, you must file for an Order of Legitimation before seeking custody or visitation.

With advances in science and the law, custody matters in non-traditional families have become much more complex. Your case may involve issues of standing such as if the mother or father has a biological or legal relationship to the child in order to seek custody. The biological parentage of the child or an embryo may be an issue. A past or future adoption or legal guardianship of the child may be an issue. Temporary guardianship for military service or rehabilitation may be factor.

Having practiced child custody law for nearly three decades, I am experienced in approaching each unique situation with sensitivity and researched strategy.

Name Changes

Adult name changes are fairly straightforward and must go through the court system.

• An adult wishing to change his or her name must file a petition stating the desired new name and reason for the change.
• A legal notice is published once a week for four weeks in the legal newspaper of your county.
• A name change is generally not denied unless the petitioner is attempting to defraud a person or entity of their legal rights.
• This notice gives anyone else (such as creditors) the opportunity to file an objection.

Once this process is completed, the judge signs a decree ordering your change of name. This order is used as evidence to submit to Social Security, the DMV, and other entities.

A name change for a child is more complicated and requires the consent of both parents.

Child Custody in Domestic Partnership Cases

A Partnership Agreement is very similar to a prenuptial agreement in that it clearly defines the practical aspects of the relationship. It outlines the financial expectations of each party as they contribute to the relationship and defines the division of assets and use of the residence if the relationship must dissolve.