Serving Seniors, Families, and Georgia

Recently, the Georgia Court of Appeals reaffirmed that a legal custodian shall not be allowed to maintain any action for change of custody or change of visitation rights so long as visitation rights are withheld in violation of a custody order.  See Granados v. Newsome, A24A1411 (2024).  In reaching this decision, the court relied on O.C.G.A. Section 19-9-24.  Here, the case was further complicated because the Plaintiff had previously violated a custody order, but at the time of her petition, she was in compliance with the parenting plan.      

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In Wohlers v. Wohlers, A24A0841, the Georgia Court of Appeals addressed what happens to frozen embryos when a couple divorces and disagrees on what to do with them.  In pertinent part, the court describes the three leading approaches commonly used by courts in the United States in deciding the matter:  (1) contemporaneous mutual consent; (2) contractual approach; and, (3) the balancing approach.   The court discusses each approach and relates it to the parties.  

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If any of these issues exist for you, contact our office for an appointment.  Additionally, if you plan to relocate from the United States to another county, please note that their laws may be very different from those here.  For example, surrogacy is illegal in Italy, only three embryos can be created or transferred per cycle​, and in vitro fertilization (IVF) is only available to heterosexual couples.  Spain has laws similar to Italy.

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