CONTEMPT OF A GWINNETT COUNTY ORDER
There is an existing order in place and you want to enforce the provisions of that order against the other parent.
Motion for Contempt
I need to enforce a Gwinnett County Order. My case is still open.
Contempt Packet
I need to enforce a Gwinnett County Order.
Contempt and Modification of Support Packet
I need to enforce and modify a Gwinnett County Order. The other party resides in Gwinnett County.
CONTEMPT OF AN OUT-OF-STATE ORDER
There is an existing order in place and you want to enforce the provisions of that order against the other parent.
Registration and Contempt of Support Packet
I want to ask for contempt of a support order, but am not asking the court to change my order.
Registration and Contempt of Custody Packet
I want to ask for contempt of an order which was entered in another state. I am not asking for changes to the custody order.
Registration, Contempt and Modification of Support Packet
I want to ask for contempt of a support order which was entered in another state. I am also asking to modify the order. The other party is a Gwinnett County resident. I am also asking to change the support order.
Registration, Contempt and Modification of Custody Packet
I want to ask for contempt of a custody order which was entered in another state. The other parent and I live in Gwinnett County now and our child has been a Georgia resident for 6 months or longer. I am also asking to change the custody order.
Declaration of sole custody
These forms cannot be used if there is a child custody order already in place. We recommend you first apply for your child’s passport by following our tips and recommendations.
Declaration of sole custody (Packet)
This packet is intended for mothers attempting to obtain a passport for a minor child born out of wedlock.
Modification of custody
There is already an existing court order and you are asking the court to change the order based on a substantial change of circumstances.
Modification of Custody Packet
A modification of custody must be based on a substantial change of circumstances. This change must have taken place after the last order was entered.
Registration and Modification of Out-of-State Child Custody Order
I want to modify a custody order which was entered in another state.
Contempt and Modification of Out-of-State Child Custody Order
(Only Against a Gwinnett County Resident)I want to ask for contempt of a custody order which was entered in another state. The other parent and I live in Gwinnett County and our child has been a Georgia resident for 6 months or longer. I am also asking to change the custody order.
Parenting Plans
Georgia law requires certain provisions in all custody orders. Propose a parenting plan or use one of these plans to present both parents’ agreement concerning custody and parenting time.
Blank parenting plan
Select your own provisions based on your family’s special circumstances.
Long distance parenting plan
The non-custodial parent lives out of state.
Standard Parenting Plan
Includes provisions such as joint legal custody, alternating weekends, alternating holidays and two weeks of summer vacation. You may customize provisions as needed.
Sole custody to petitioner
This plan is intended for the following situations: the non-custodial parent cannot be located, the non-custodial parent is incarcerated or the Defendant is not the biological or adoptive father of the child(ren) born after you married.
Graduated Parenting Plan
This plan is intended for limited special circumstances to give the child and visiting parent time to adjust to visitation over a 12-month period.
Joint Parenting Plans (50/50)
Attorney consultation is recommended.
Temporary options for non-parents
There are a number of options available depending on whether or not you have the consent of a child’s parents.
Petition for Temporary Guardianship – Minor Child
Temporary Letters of Guardianship may be issued to a guardian who has been designated by the child’s parents.
School Enrollment and General Access
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Juvenile Court Petition for Dependency
A petition for dependency may be filed with the Juvenile Court’s intake department. The Department of Family and Children Services (DFCS) will be involved in conducting a home study and other services as directed by the Court. Background checks of the petitioner and other occupants in the home are usually required.
School Enrollment
Under O.C.G.A. 20-2-690.1, a person who is caring for a child in their home is required to enroll that child in school. Under Georgia State Department of Education Rule 160-5-1-.28(b), any person who is caring for a child in their home is allowed to enroll the child in school, even if the caregiver does not have any formal custody or guardianship order.
Kinship Caregiver Affidavit
Additionally, the school district may ask a caregiver to sign a Kinship Caregiver Affidavit. The Kinship Care Affidavit is not required to enroll a child in school, but it will allow a caregiver to consent to services which usually require parental consent.
Provisional Enrollment
If the school district has any questions about the child’s eligibility to enroll, the school district is required to provisionally enroll the child for 30 days, pursuant to Rule 160-5-1-.28(c), to allow the caregiver time to resolve the problem without having the child miss school.
Non-Parental Affidavit
The school district may require the caregiver to complete a Non-Parental Affidavit, but the school district cannot require custody or guardianship papers.
Child Custody – Frequently Asked Questions
When can I file a modification of custody in Gwinnett County?
– You have not filed for modification within the past two years; and
– No other state has continuing jurisdiction of custody; and
– The child has been a resident of Gwinnett County for the past six months; and
– The other party lives in Gwinnett County, in another state; or
– The other party’s last known address was in Gwinnett County, but you cannot locate his or her current address.