Lisa S. Kaplan, LLC Lise S. Kaplan, LLC 2026-06-04T08:39:03Z https://www.lisekaplanlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1203857/2019/12/cropped-ID-32x32.jpg On Behalf of Lise S. Kaplan, LLC <![CDATA[How can a post-divorce modification be obtained in Georgia?]]> https://www.lisekaplanlaw.com/?p=48964 2026-06-04T08:39:03Z 2026-06-03T15:47:59Z Grounds for modification A Georgia court will not reopen a divorce order solely because the terms dissatisfied one party.  For most requests, the threshold consideration is a substantial change in circumstances that has occurred since the prior order took effect. For matters involving children, that change generally must relate to the child's welfare or a parent's financial condition. A loss of employment, a serious illness or a new and continuing expense may each represent the type of change a court will consider.

Steps in the modification process

A request to modify an order usually begins with a petition filed in the superior court of the county where the opposing party resides. The petition states what you are asking the court to reconsider and explains how your circumstances have changed. After you file the petition, the opposing party receives formal notice and an opportunity to respond. Both parties may then exchange financial records and supporting documents before the matter proceeds to a hearing. For child support, a second option does not require an initial court filing. A parent may ask the state agency responsible for support cases to conduct an administrative review of an existing order, which may increase the amount, reduce it or leave it unchanged.

Differences in order types

Not every provision of a divorce order is subject to revision in the same manner. Child custody and child support generally remain open to review as a child matures and family circumstances evolve. Custody determinations center on the child's interests, so a court weighs factors such as stability, each parent's involvement and the child's particular needs. Child support, by contrast, follows established financial figures and the state's standard guidelines. Spousal support is governed by different standards. The court may revise periodic alimony when the income of either former spouse shifts, and it may also conclude when that spouse remarries or begins living with a new partner. Certain provisions, however, are typically final once the court enters the decree. Property division and alimony arrangements drafted as fixed are usually not subject to later change.]]> On Behalf of Lise S. Kaplan, LLC <![CDATA[Can you lose custody for violating a court order?]]> https://www.lisekaplanlaw.com/?p=48961 2026-04-30T15:20:44Z 2026-04-30T15:20:44Z Georgia's approach to noncompliance State family courts treat custody arrangements as binding legal obligations. When one parent files a motion for contempt, the court has the authority to strictly enforce the order. A judge may classify the violation as either civil or criminal depending on its nature and severity. Civil actions typically aim to compel future cooperation, while criminal penalties serve as punishment for past disobedience.

Common threats to your custody arrangement

The following actions can prompt your co-parent to petition the court for a formal review:
  • Repeatedly denying the other parent their scheduled visitation time
  • Relocating with your child without prior court approval or proper notice
  • Making major decisions about your child's education, medical care or religion unilaterally
  • Exposing your child to unsafe environments or individuals restricted by the order
Any of these can signal to the court that you are unwilling or unable to follow the terms of the arrangement. A pattern of such behavior, in particular, may suggest that the current setup no longer serves the child's interests.

Key factors in a modification decision

When a modification petition reaches the court, the judge looks at a specific set of factors rather than the violation alone. These typically include:
  • The severity and frequency of the noncompliance
  • The offending parent's willingness to correct the behavior
  • The level of stability each parent provides in the child's daily life
  • The child's own preferences (if ages 11 to 13) or their formal choice of which parent to live with (if 14 or older)
The line between willful defiance and an unavoidable mistake also carries weight. A parent who missed a custody exchange due to a medical emergency faces a different review than one who repeatedly skipped scheduled pickups without reason.

Available options after breaching an order

If you have already violated a custody order, taking prompt action may work in your favor. Acknowledging what happened and demonstrating a genuine commitment to following the terms going forward can influence how a judge views the situation. Consulting with an attorney is also worth considering, particularly if the other parent has already filed a motion or if you are facing a contempt hearing. An attorney can advise on whether seeking a formal modification of the order makes sense if the current terms are unworkable. In some situations, mediation offers a way to resolve disputes without a full court hearing. Georgia courts often encourage this option as an alternative to full hearings, and reaching an agreement this way can reflect positively on your willingness to cooperate.]]> On Behalf of Lise S. Kaplan, LLC <![CDATA[Paying yourself less during divorce: Smart or risky?]]> https://www.lisekaplanlaw.com/?p=48959 2026-04-08T13:34:04Z 2026-04-08T13:34:04Z Why some business owners consider lowering their income If you control your compensation, you may view it as a direct way to influence the outcome of your case. Because courts calculate support and divide assets in part based on income, the connection can seem straightforward:
  • A lower reported income may reduce child support
  • A lower income may affect alimony
  • Keeping money in the business may seem like it limits what gets divided
  • Timing changes in pay may feel like a way to gain leverage
Even so, courts often look beyond the numbers presented and examine how and why those numbers changed.

How Georgia courts look at income

Georgia courts look beyond your current reported income and focus on your earning capacity, which reflects what you can reasonably earn based on your history, experience, and role in the business. If you reduce your income on purpose, the court may still assign income to you, a concept known as imputed income, and base support on what you previously earned or what your business shows you can earn. In that process, judges often review your income history, business revenue and retained earnings, personal spending and lifestyle, along with the timing of any drop in income. A change that occurs close to the start of a divorce case will likely draw attention and may prompt further questions.

When this strategy can backfire

Lowering your income without a clear business reason can create more problems than it solves. Judges may question your credibility, particularly when the timing suggests an effort to avoid financial obligations tied to the divorce. This approach can also trigger closer review of your business records, including financial statements and tax returns. In some cases, courts calculate support at a higher level than expected. If a judge imputes income, the final numbers may not align with your current pay.

Looking at the bigger picture

Income changes are not always a problem, as businesses move through cycles and compensation can change for valid reasons. What matters is whether those changes make sense outside of the divorce and reflect ordinary business practices. If your income changes, records that reflect a clear business reason such as revenue trends, seasonal patterns or company decisions about compensation can help show that the adjustment follows established practices. Courts often place more weight on patterns that remain consistent over time than on changes that appear close to the start of a divorce.  ]]> On Behalf of Lise S. Kaplan, LLC <![CDATA[Can I still get support if my child is illegitimate in Georgia?]]> https://www.lisekaplanlaw.com/?p=48957 2026-04-08T08:43:00Z 2026-04-08T08:43:00Z Every child in Georgia has a legal right to financial support from both parents regardless of the parents' marital status. If your child came into the world outside of marriage, you may have heard the term ‘illegitimate’. Many parents worry this label affects their child's right to receive support. Fortunately, it does not. Georgia law protects every child's right to financial support from both parents, no matter the circumstances of their birth.

The importance of establishing paternity

The key to securing child support for your child starts with establishing paternity. Paternity is the legal identification of who the child's father is. Without it, a father carries no legal obligation to pay child support. Once you establish paternity, however, he becomes financially responsible for the child even if you were never married. For unmarried parents seeking support, establishing paternity is the most important first step.

How to establish paternity in Georgia

For married couples, Georgia law automatically presumes the husband fathered every child the couple has during their marriage. For unmarried parents, the process requires a few extra steps. Here is how you can establish paternity in Georgia:
  • Sign a Voluntary Paternity Acknowledgment (PA) form at the hospital at the time of birth.
  • Visit any Vital Records office to sign the PA form if the father did not attend the birth.
  • Add the father's name to the child's birth certificate.
These steps create an official legal record of the father's identity and open the door to requesting a child support order.

What if the father refuses to acknowledge the child?

Now that you know how to establish paternity, it is important to understand what happens if the father refuses to cooperate. Some fathers try to avoid financial responsibility by refusing to sign the PA form. However, a father cannot legally opt out of his responsibilities. If he refuses to sign, the court can order a DNA test to confirm paternity. Refusing a court-ordered DNA test can result in a contempt of court charge. If the test confirms he is the father, the court may also require him to reimburse the state or the mother for the cost of the test.

Fight for your child’s right to support

Both parents owe your child acknowledgment and support, no matter the circumstances of their birth. Thankfully, Georgia law is on your side and the legal process works to make sure your child receives everything they rightfully deserve. Hence, understanding your rights is the first step toward securing a better future for your child. This is where having the right guidance can make all the difference in protecting what matters most to your child.]]> On Behalf of Lise S. Kaplan, LLC <![CDATA[What role does a Guardian ad Litem play in family law cases?]]> https://www.lisekaplanlaw.com/?p=48956 2026-04-06T15:55:11Z 2026-04-06T15:55:11Z When a judge mentions a guardian ad litem in your custody hearing, it can feel unexpected. You may have left the courtroom with more questions than answers. In Georgia, courts appoint guardians ad litem in certain custody disputes and this is more common than you may realize. This post covers who a guardian ad litem is, when courts appoint one and what they have the authority to do.

Why judges order a guardian ad litem

A guardian ad litem, or GAL, is a neutral professional the court appoints to focus on your child's best interests. A GAL does not represent you or your co-parent. Under Georgia law, a GAL serves one clear purpose: investigating and advocating for your child's best interests, which may differ from what your child says they want. In Georgia, you will typically encounter an attorney serving as GAL in custody cases. However, courts can appoint qualified non-attorneys as Court Appointed Special Advocates (CASAs) in specific circumstances. Courts most often appoint a GAL when parents have been unable to reach a custody agreement. Several circumstances can lead a judge to make this appointment:
  • Persistent disagreement on custody or visitation between parents
  • Concerns about a child's safety or wellbeing
  • A level of conflict that makes co-parenting communication difficult
  • A judge's need for independent, child-focused information before ruling
A GAL appointment shows that the court is taking your child's needs seriously.

What a guardian ad litem is authorized to do

The GAL conducts an independent investigation. This typically includes interviews with both parents and age-appropriate conversations with your child. The GAL may also speak with teachers, counselors or other adults who know your child well. They may also review school and medical records. At the end of the investigation, the GAL submits a recommendation to the judge. This recommendation is significant, but judges retain full authority over the final custody order. Cooperating openly with the GAL is one of the clearest ways to show the court that your child's wellbeing is your priority.

What this means for your family

A GAL appointment does not automatically mean something is wrong. Often, it means the court is making sure your child has independent representation through a difficult process. Understanding how this role works puts you in a better position to participate. Legal guidance may also give you the clarity you need to respond effectively at every stage of your case.]]> On Behalf of Lise S. Kaplan, LLC <![CDATA[5 assets people forget to divide in divorce]]> https://www.lisekaplanlaw.com/?p=48950 2026-01-02T16:37:04Z 2026-01-02T16:37:04Z When you think about divorce, you may focus on obvious assets like a home or joint bank accounts. Many people overlook some of the most important assets. Georgia courts divide marital property based on fairness, not equality. Marital property includes assets acquired during the marriage. Separate property, like premarital assets, inheritances or gifts, usually stays with the original owner unless you commingle it into marital property. Missing or misunderstanding assets can affect your financial stability long after divorce. Knowing what to look for helps you make informed decisions as you move forward.

Assets often overlooked in divorce

Some assets do not stand out at first glance but carry value under Georgia law. Marital property can include more than what both spouses hold in name or share. Here are some assets you may overlook in your property division process:
  • Retirement accounts and pensions: Georgia courts treat contributions made during the marriage as marital property, even if one spouse owns the account.
  • Business interests and side income: A business, partnership interest or side venture may qualify as marital property if it grew or generated income during the marriage.
  • Deferred compensation or bonuses: Courts may count bonuses, commissions or stock awards earned during the marriage, even if paid later.
  • Marital debt: Courts assign responsibility for credit cards, loans and other debt as part of overall equitable division. Tax liabilities tied to property or asset division can also affect how debt is allocated.
  • Personal property with value: Jewelry, collectibles, tools or equipment may seem minor but carry financial value.
People often overlook these items because their value is not obvious.

Why you may miss these assets

Divorce is stressful, making it harder to see the full financial picture. You may focus on custody, housing or immediate expenses while overlooking long-term issues. In Georgia, the distinction between marital and separate property can also create confusion, especially when you acquire assets over time or mix them together. Without clear guidance, you may underestimate what you should review before making final decisions.

Preparation starts with knowing your assets

Divorce decisions carry long-term financial consequences. Knowing which assets may be part of your case helps you ask better questions and avoid costly oversights. Since Georgia courts evaluate each case based on its own facts, understanding your financial landscape early can make a meaningful difference in how your divorce unfolds.]]> On Behalf of Lise S. Kaplan, LLC <![CDATA[How your social media updates can affect your child custody case]]> https://www.lisekaplanlaw.com/?p=48944 2025-12-02T08:42:56Z 2025-12-02T08:42:56Z Signals your posts may create about your daily conduct Georgia judges study parent conduct to see whether a child may receive steady care. Your updates can reveal details that connect to this review. A late-night event clip during a school week can raise questions about structure at home. A location tag far from your residence during your parenting time can suggest possible disruptions in your schedule. A caption with harsh language can point to moments that conflict with the level of judgment expected from a parent. You may also create concern when your posts show shifting caregivers or irregular routines. Each update can guide attention toward your ability to meet your child’s needs.

Patterns in your activity that can shape credibility

Georgia judges place weight on credibility because your statements need to align with your behavior. The following online activity can show trends that support or challenge that alignment:
  • Irregular posting times
  • Shifts in emotional tone
  • Purchases that strain your budget
  • Reactions that show frustration
  • Check-ins that reflect distance
These trends can shape perceptions of your reliability during parenting time. Sharp changes in activity can raise concerns about consistency. Also, these patterns can reveal tension between your claims and your daily conduct.

Interactions online that may influence co-parenting views

Georgia courts examine your ability to maintain workable communication with the other parent. Your digital exchanges can reveal this part of your role. A heated remark can signal conflict during a sensitive stage. A steady tone can show restraint under pressure. Group messages can highlight your responses during logistical discussions. Screenshots from friends or relatives can also show moments that influence views on your willingness to share responsibility. Each interaction can affect the way the court, the other parent or related professionals may read your role in co-parenting tasks.

What this stage may require from you

You face many choices as your Georgia child custody case moves forward, and each choice sits within a wider picture of your daily life. When you take a moment to look at your online habits, you gain a clearer sense of what may support a steadier path ahead. This awareness can help you decide which updates feel appropriate for this stage and which habits you may want to adjust as your child custody case continues.]]> On Behalf of Lise S. Kaplan, LLC <![CDATA[What does a father need to show to get primary custody?]]> https://www.lisekaplanlaw.com/?p=48943 2025-11-04T14:46:31Z 2025-11-04T14:46:31Z Show steady involvement in your child’s daily life Judges want proof that you’ve stayed present and dependable, not just recently but throughout your child’s life. If you handle school drop-offs, attend teacher meetings, schedule doctor visits or help with homework, document those efforts. Save texts, emails, calendars or photos that capture your daily presence. When you show that your child relies on you, the court sees a relationship built on trust, not convenience.

Prove that your home offers stability and structure

Children thrive in homes where life feels calm and predictable, and judges notice when you create that kind of environment. You don’t need a huge house or a luxury lifestyle; what matters is that you provide a safe space, consistent routines and emotional security. Keep your home organized, maintain steady work and follow a clear daily rhythm that supports your child’s well-being. Those choices show the court that your home gives your child the foundation to grow and stay grounded.

Demonstrate good judgment and willingness to co-parent

Custody cases often test how you handle conflict, so you need to show that you stay focused on your child’s needs instead of the tension with your ex. Communicate respectfully, follow schedules and keep your tone calm when disagreements arise. Every time you show patience and cooperation, you remind the court that you make decisions with maturity and put your child’s interests ahead of emotion.

Taking the next step toward protecting your role as a parent

If you believe your child does best in your care, gather your records, stay consistent and keep showing up in every way that matters. The process can feel intimidating, but careful preparation helps you stay steady and confident as your case moves forward. If questions about custody or Georgia’s court process start to feel too complex, speaking with a family law attorney can help you find clarity and protect the progress you’ve already made. In the end, every step you take with patience and purpose brings your child closer to the stability they deserve.]]> On Behalf of Lise S. Kaplan, LLC <![CDATA[What happens when a Georgia custody order outlives its time]]> https://www.lisekaplanlaw.com/?p=48939 2025-09-25T12:18:07Z 2025-09-25T12:18:07Z Georgia custody orders continuing beyond their initial circumstances In Georgia, a custody order generally stays in force until your child reaches legal adulthood at 18. Because the order remains binding, it rarely adjusts automatically when you relocate, change jobs or form a new household. If your circumstances differ from the original plan, you may need to seek a court-approved update to keep the arrangement workable.

Major changes in family life creating grounds for custody modification

Substantial shifts can render an old custody arrangement impractical. Georgia law considers whether a material change has occurred since the last order and whether that change affects your child’s welfare. You may need to seek a custody order modification when your circumstances include:
  • Moving in a way that disrupts school attendance, travel or exchange schedules
  • Managing new medical or learning needs that require different care
  • Working a schedule that involves nights or extended travel periods
  • Creating a blended household that significantly alters routines
As your child grows older, the law also gives some weight to personal preference. For example, a child who turns 14 may select a parent to live with. That election can qualify as a material change once every two years, subject to the best interests. You may also request a parenting-time change on a two-year cycle without demonstrating a new material change.

Formal steps for updating an outdated custody order in Georgia

When your plan no longer reflects current realities, you can file a custody order modification case in the proper venue, which often means the county where the legal custodian resides. Your petition should outline the changed circumstances and describe the adjustment you propose. Supporting records, such as school reports, medical statements or employment schedules, help a judge evaluate your request. A judge may meet with an older child or review an affidavit expressing preference. If the original order came from another state, you usually follow Georgia’s jurisdiction rules and may need to register that order before requesting changes.

Turning awareness into action on a Georgia custody modification

If your custody order no longer fits your family’s life, your next step is to act on that insight. Begin by scheduling time to review your order and highlight the sections that conflict with your current routine. Then, prepare the records that illustrate the changes and decide whether to file for a modification or seek professional guidance on the process. Taking these steps positions you to move from an outdated order to one that better reflects your child’s needs today.]]> On Behalf of Lise S. Kaplan, LLC <![CDATA[5 child custody realities parents often face after divorce]]> https://www.lisekaplanlaw.com/?p=48938 2025-08-28T13:59:34Z 2025-08-28T13:59:34Z Divorce reshapes family life in many ways. For parents, one of the hardest parts of this new chapter is adjusting to custody arrangements. You may worry that your child’s routine will change, that decisions will be harder to make or that conflict will continue after the divorce. While every family is different, many parents face common custody challenges. Here are five considerations:

1. Shared custody means constant coordination

Shared custody allows children to maintain strong relationships with both parents, but it also requires consistent teamwork. Parents must coordinate school drop-offs, extracurricular activities and holidays across two households. Without a clear and detailed parenting plan, even small scheduling conflicts can escalate into stress for both parents and children.

2. Stability often outweighs convenience

Georgia courts focus on keeping children in stable environments. Judges may prefer that children stay in the same school or community, even if that makes life harder for one parent. Parents sometimes have to put their own plans on hold to maintain that stability.

3. Older children may have a stronger voice

In Georgia, children 14 and older may state which parent they want to live with, but the judge must still decide if that choice serves the child’s best interests. Judges look closely at whether the preference reflects genuine needs or outside pressures, since convenience or parental influence should not outweigh long-term stability.

4. Disagreements can continue after divorce

Even with a custody order, conflict may not disappear. Parents sometimes disagree over school choices, health care or discipline. Georgia requires a parenting plan to guide these issues, but it cannot prevent every dispute. Mediation or court may still be needed when parents cannot agree.

5. Custody may change as life changes

Custody orders are not permanent. A parent’s move, new work schedule or health problem can all affect the current plan. Courts allow modifications when major life changes make the existing order unfair or unworkable. These realities show that custody in Georgia is not a one-time decision. It is a process that adapts as families grow and circumstances shift.

Finding balance in parenting after divorce

Custody issues can feel overwhelming, but understanding how the process works can give your family a better sense of how to move forward. Georgia’s laws aim to protect children while giving parents room to adjust as life changes. If you are facing custody questions, a family law attorney can help you find solutions that fit your child’s needs and your family’s future.  ]]>