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FREQUENTLY ASKED QUESTIONS
The Law Offices of Tonya C. Boga
Q: If I am no longer with my child's mother, what happens to my child if her mother were to pass away (die)?
A: Upon the death of either parent, the survivor is entitled to custody of the child; provided, however, that the court, upon petition, may exercise discretion as to the custody of the child, looking solely to the child's best interest and welfare.
Q: Does my child's mother have to tell me if she plans to move?
A: Except where otherwise provided by court order, when a parent changes his or her residence, he or she must give notification of such change to the other parent. Such notification shall be given at least 30 days prior to the anticipated change of residence and shall include the full address of the new residence.
Q: Does the Court favor giving custody to mothers?
A: The law states that “In all cases in which the custody of any minor child or children is at issue between the parents, there shall be no prima-facie right to the custody of the child or children in the father or mother.” O.C.G.A. 19-9-3.
Q: Is child support based on my net (after taxes/take-home) or gross(before taxes) income?
A: Computation of child support shall be based upon gross income.
Q: How long am I required to pay child support?
A: The duty to provide support for a minor child shall continue until the child reaches the age of majority, dies, marries, or becomes emancipated, whichever first occurs; however the Court may direct either or both parents to provide financial assistance to a child who has not previously married or become emancipated, who is enrolled in and attending a secondary school, and who has attained the age of majority before completing his or her secondary school education, provided that such financial assistance shall not be required after a child attains 20 years of age.
Q: I was not married to my child's mother when my child was born, what are my rights?
A: Your child is considered illegitimate and you will need to legitimate your child to obtain legal rights to him or her.
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