DIRECTIONS TO OUR OFFICE

• Divorce
• Custody & Visitation
• Paternity
• Contempt
• Modification

Family Law, sometimes referred to as Domestic Relations Law covers a broad range of legal issues, including, but not limited to: divorce, child custody, child support, paternity and legitimation, deprivation, and termination of parental rights.

Divorce

Statistics suggests that over 50% of marriages in the United States end in divorce. The ending of a marriage can be an emotionally trying process. Add to that the issues that accompany the legal and final separation of a couple and it can be downright overwhelming and difficult. Depending on your unique circumstances, those issues that must be addressed may include child custody, child support, visitation, alimony, marital property, and marital debts. All of these issues must be resolved before a divorce can be finalized.

Sometimes parties are able to agree to these issues on their own, what we call an uncontested divorce. On the other hand, others require court intervention. Whatever your case may be, you need an attorney to help you navigate through the process to avoid mistakes and pitfalls that can have lasting effects. You need an advocate who has the knowledge, skill and experience to help you negotiate a resolution, and if necessary, to take your case to trial.

Uncontested Divorce

An uncontested divorce is one where both parties come to a complete agreement prior to the filing of the divorce with the court. If both parties agree on all issues, it can save the parties money, emotional stress, and future abilities to communicate, which can be important if children are involved. While one attorney cannot represent both parties in an uncontested divorce, we can prepare all of the legal documents that must be filed with the court, including the parties’ agreement.

Custody & Visitation

Divorce in and of itself is difficult enough, but the process can be made more complex when children are involved, because it changes the entire family unit. The divorce process can be very traumatic and confusing for everyone involved, especially children. Child custody, child support and visitation are often hotly contested issues between divorcing parents.

The welfare of children is of paramount concern to the court in all family law cases because the court is required to do what is in the best interest of the children. In a divorce action, neither parent is automatically entitled to custody. So, if the parties cannot agree to custody the court will make the decision based on what is in the best interest of the child. In deciding custody, the judge will consider many different factors including but not limited to the ability of each parent to properly care for and nurture the child.

The court considers it important for a child to maintain a relationship with both parents, therefore the parent who is not awarded legal custody of the child, will be given visitation, unless it is not in the child's best interest.

An experienced attorney can assure that any custody award and child support obligation is fair to you and to your children. And, if you and your spouse are able to agree on custody, we will insure that your custody agreement is properly prepared to protect you now and in the future.

Paternity and Legitimation

If a child is born out of wedlock, often paternity action, is the best method of obtaining child support from the biological father. A paternity action may be filed by the child, the mother of the child, a relative in certain circumstances, the Department of Human Resources, and the father. On the other hand, a legitimation action can only be filed by the father of the child born out of wedlock. Once paternity is established the court usually orders the father to pay child support. Once the child is legitimated, the father now has standing to request visitation and even custody.

Contempt

A contempt action is part of the Court’s power to enforce its own orders. All orders, judgments, and decrees commanding the payment of child support, alimony, attorney’s fees, expenses, lump sum payments, transfer of property, custody, and visitation, etc. may be enforced by an action for contempt. This is true whether the judgment is based on a jury verdict, decree of the trial judge or agreement by the parties incorporated into the final decree.

The basis of a contempt action is a “willful” refusal to comply with a judgment or order of the Court and can result in jail time. Keep in mind that Contempt is not limited to the non-custodial party. A custodial parent can be held in contempt if he or she fails to permit the non-custodial parent to exercise visitation, even if the non-custodial parent is not current on child support payments.

If you or someone you know is facing a contempt action, please contact our office immediately to schedule an appointment.

Modification

It is a natural part of life for circumstances to change, and fortunately there is legal recourse in these situations to change the original terms of your divorce agreement. The general rule is that after a final judgment has been entered, neither party has the authority to modify the terms of the final order, except by another court order. In other words, when there is a change in circumstances following a court order, you may ask the courts for a modification.

There are many reasons why a person might seek a modification. Following are “some” reasons why a party may ask the court to modify, alimony, child support, custody and/or visitation:

• Spouse receiving support re-marries or is cohabiting with a significant other
• Either parent willfully fails and/or refuses to follow the Court’s order
• Either parent moves a significant distance affecting visitation
• Either parent’s income drastically increases or decreases
• Paying parent has new obligation to support a child from another marriage or relationship
• Change in the amount of time spent with child by non-custodial parent
• Change in the medical or educational circumstances of the supported child

Keep in mind that each party is required to follow the last order of the court until it is modified by a new Court order.

Before any decisions are made it is ESSENTIAL to assure that your rights are protected during the any family law court proceeding and afterwards. Assuring that your case is handled properly will free you from future complications.

At Phyllis R. Williams, P.C. we are happy to assist you with your case. We represent clients in all areas of metro Atlanta including DeKalb, Fulton, Gwinnett, Cobb, Clayton and Henry counties and outside the metro area including Fayette, Coweta and Rockdale and Newton counties.

Phyllis R. Williams, P.C. is here to provide you the help you need when you need it most. We have experience negotiating resolutions, and trying cases in front of judges and juries. We provide you with the information and answers to help you make informed decisions and alleviate the uncertainty and stress that typically comes with the family law legal process.

Call us today at (404) 378-1665 to schedule an appointment so that we can help you through this process.