Practice Areas Overview
Hannah C. Pelham, P.C., Attorney at Law, practices family law, representing clients in the greater metro-Atlanta, Georgia area, including Gwinnett County, Lawrenceville and Braselton. Firm principal, Hannah C. Pelham, helps families and children resolve child custody and divorce matters in as amicable a manner as possible. Ms. Pelham represents clients in court proceedings as well as mediations.
The firm handles a wide variety of family law matters, including:
Child Custody and Visitation
In Georgia, courts must approve child custody and visitation agreements to ensure they are in the best interests of the child. The court will issue its own order if parents cannot agree on a custody and visitation plan. Although neither parent has an automatic right to custody, children generally benefit from having both parents in their lives in a meaningful manner. Ms. Pelham helps parents protect their right to remain an important part of their children's lives. In addition, Ms. Pelham also handles child custody matters as a guardian ad litem, representing the rights and interest of children in court proceedings. To learn more, please see the firm's child custody page.
Interstate Custody
Ms. Pelham is experienced in handling interstate child custody matters. If a parent does not act quickly, he or she may lose the right to have the Georgia courts handle the matter, significantly increasing the cost and complexity of child custody proceedings. In addition, if a parent who is a not a Georgia resident comes into the Georgia courts to ask for custody over his or her child, that parent then becomes subject to Georgia's laws and Georgia's courts. To learn more about this topic, please see the firm's child custody page.
Grandparent Visitation
Grandparents may also have a right to be a part of their grandchildren's lives and can file their own court action to obtain visitation rights. Ms. Pelham represents grandparents, helping them stay involved and in contact with their grandchildren after parents divorce. To learn more, please see the firm's child custody page.
Divorce
Divorce is one of the most difficult life events a person may go through. Having understanding, competent legal representation throughout the process can significantly alleviate the stress of a divorce. Ms. Pelham has extensive experience in handling divorce matters and the many issues involved, including alimony, property division, post-divorce modifications, child custody and child support. To learn more about divorce in Georgia, please see the firm's divorce page.
Child Support
Parents are required to provide support for their children until the child reaches the age of 18. Child support amounts are determined according to Georgia's Child Support Guidelines , which take into account factors such as each parent's income, medical and healthcare expenses of the child, and costs for child care while the custodial parent is at work. Ms. Pelham vigorously advocates on behalf of her clients to ensure support orders are fair, that they adequately protect the child support payee's finances, and that they adequately contribute to the support needs of the child. Ms. Pelham also assists clients with obtaining modifications to child support orders, where appropriate, and in proceedings to enforce compliance with court orders. Please see the firm's frequently asked questions page for additional information about child support and related issues.
Alimony
Alimony payments are payments made by one divorcing (or separating) spouse to the other for support and maintenance. A court may award alimony, but is not required to, and its decision will take into account the financial needs of the spouse requesting alimony and ability of the other spouse to pay alimony. A request for alimony payments will generally be denied by a court if the divorce or separation was caused by the adultery or desertion of the requesting spouse; however, there are some defenses, therefore it is important to seek the advice of an experienced divorce lawyer.
Property Division
Division of the marital property is often an important and complex part of the divorce process. Marital property is property acquired during the marriage, including wages or salary earned by either spouse, stocks and other investments made with wages or salary earned during the marriage, retirement or pension benefits earned by either spouse, and property purchased with money from the marital estate. Courts will divide marital property equitably, but not necessarily equally. In addition, the court will also divide all debts acquired by the marital estate. Separate property, such as property acquired by gift from a third party, inheritance or prior to the marriage, will remain the separate property of each spouse.
Paternity, Legitimation and Fathers' Rights
In Georgia, a father has no legal rights to his child if that child was born out of wedlock, unless he marries the biological mother or initiates a petition to legitimate his child. A father who is not married to the biological mother of his child must initiate a legitimation proceeding even if he signed the child's birth certificate. Once a father receives a legitimation order from a court, he may initiate proceedings to obtain child custody and/or child visitation rights.
Contempt
If a party is not complying with any of the court's orders regarding child support, child custody and visitation, or alimony payments, the other party may bring a contempt action to enforce the order. For a person to be found in contempt of the order, the person bringing the contempt action must establish that the person who is not in compliance has both the ability to comply with the order and is willfully refusing to comply. Contempt actions can be both civil or criminal and may, in many cases, result in jail time. If faced with a contempt action, it is important to act quickly and hire an experienced lawyer. Please see the firm's frequently asked questions page for additional information.
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