ga-family-court · diff
v0.1.0 to v0.1.0
238 added, 32 removed. Audit A to A.
---
name: ga-family-court
description: >
- Use when drafting or filing in Georgia's family court — custody / support / family offense / paternity / abuse and neglect. Even when Georgia hears family matters inside a Family Division of the general-jurisdiction trial court (rather than a separate Family Court), this skill covers the division's rules, intake, and pro-se forms.
+ Use to choose venue and handle filing mechanics for a Georgia
+ domestic-relations case — divorce, separate maintenance, annulment,
+ custody and visitation, child support, legitimation and paternity,
+ contempt and modification, adoption, termination of parental rights,
+ and family-violence protective orders. CRITICAL: Georgia has NO
+ separate statewide family-court trial court — these cases are heard
+ in the SUPERIOR COURT (general-jurisdiction trial court), with
+ divorce jurisdiction vested by O.C.G.A. § 19-5-1. Some high-volume
+ circuits run a Family Division or family case-management track by
+ local rule / standing order. Triggers: "where do I file for divorce
+ in Georgia", "Fulton family division", "Superior Court family case",
+ "custody filing Georgia", "Cobb County divorce", "Georgia legitimation
+ filing", "Georgia child support case", "Georgia parenting plan",
+ "Georgia TPO family violence", "Petitioner Respondent divorce
+ Georgia". Venue and procedural skill; defers substantive law to
+ `ga-family-law`.
version: 0.1.0
---
- # Georgia Family Court
+ # Georgia Family Court — Family Matters in the Superior Court
- > **TODO**: Author substantive content. This is a scaffolded
- > stub. Research the Georgia analog from authoritative sources
- > before writing — do not search-and-replace from another
- > state plugin.
+ > **NOT LEGAL ADVICE.** Divorce, custody, support, legitimation, and
+ > family-violence outcomes have lasting consequences for children,
+ > property, and safety. Strongly consider consulting a licensed
+ > Georgia family-law attorney even on an agreed or "simple" matter.
+ > This skill is a drafting/venue aid; verify the filing county's
+ > current local rules, any Family Division standing order, and the
+ > controlling statutes before filing. Local rules and judge-specific
+ > practices change; confirm with the clerk first.
- > **NOT LEGAL ADVICE.** These notes describe the venue's
- > procedural mechanics as a drafting aid, not legal advice.
- > Local rules and judge-specific practices change; verify
- > with the clerk and the current local rules before relying
- > on anything here.
+ Georgia has **no separate, free-standing family-court trial court**
+ and **no single statewide Family Division statute.** Domestic-relations
+ matters are heard in the **Superior Court** — Georgia's
+ general-jurisdiction trial court. Divorce jurisdiction is **vested in
+ the Superior Court by O.C.G.A. § 19-5-1.** Several high-volume circuits
+ run a **Family Division or a family case-management track by local
+ rule or standing order** — for example, **Fulton County Superior Court**
+ and **DeKalb** operate dedicated Family Divisions, and **Cobb (Cobb
+ Judicial Circuit, Marietta)** and **Gwinnett (Gwinnett Judicial
+ Circuit, Lawrenceville)** run family case-management tracks. Treat the
+ **existence and procedure of any Family Division as a per-court
+ (venue-specific) detail** to verify with the local clerk and the
+ controlling standing order. This skill covers **where to file and
+ filing mechanics**; substantive law lives in `ga-family-law`.
- ## State context
+ ## Procedure is the Civil Practice Act
- - **State**: Georgia
- - **Format rule**: O.C.G.A. § 9-11-10 + Uniform Superior Court Rules
- - **Civil rules**: Georgia Civil Practice Act (O.C.G.A. Title 9, Ch. 11)
- - **Evidence rules**: Georgia Evidence Code (O.C.G.A. Title 24)
- - **Style manual**: Georgia appellate citation (Bluebook-based)
+ Georgia family cases run on the **Georgia Civil Practice Act (O.C.G.A.
+ Title 9, Ch. 11)** and the **Uniform Superior Court Rules**, in the
+ Superior Court. Title 19 (Domestic Relations) supplies the substantive
+ law and certain special procedures (the waiting period, the mandatory
+ parenting plan, the financial-disclosure requirements). A circuit's
+ **Family Division standing order** — common in family cases — may add
+ **mutual restraining provisions** (preserving the status quo, barring
+ dissipation of assets, restricting relocation of children) and
+ **mandatory parenting seminars** that take effect on filing. These are
+ **per-circuit**: confirm whether the filing court has a standing order
+ and what it requires before filing.
- ## What to author
+ ## What this venue handles
- 1. Description: replace the placeholder with realistic trigger
- phrases for how a Georgia pro se filer would ask about this
- 2. Body: substantive content matching the role
- 3. Composition notes: which other ga- skills this layers
- with
- 4. References: the supporting `references/*.md` files
+ | Matter | Heard in the Superior Court? |
+ |---|---|
+ | Divorce / separate maintenance / annulment | **Yes** (O.C.G.A. § 19-5-1) |
+ | Equitable division of property | Yes — with the divorce |
+ | Alimony | Yes — with the divorce (O.C.G.A. § 19-6-1 et seq.) |
+ | Custody and visitation | **Yes** (O.C.G.A. § 19-9-3) |
+ | Child support and modification | **Yes** (O.C.G.A. § 19-6-15) |
+ | Legitimation | **Yes** (O.C.G.A. § 19-7-22) |
+ | Paternity | **Yes** (O.C.G.A. § 19-7-40 et seq.) |
+ | Contempt and modification | **Yes** |
+ | Adoption | **Yes** |
+ | Termination of parental rights | **Yes** |
+ | **Family-violence protective orders (TPOs)** | **Yes** (O.C.G.A. § 19-13-1 et seq.) — distinct procedure (see below) |
+ | UCCJEA / UIFSA jurisdiction | O.C.G.A. § 19-9-40 et seq. / § 19-11-100 et seq. |
- ## References to author
+ > **Terminology.** Use **Petitioner** and **Respondent** for the
+ > parties and the **Superior Court** (or its Family Division, where the
+ > circuit has one) for the forum. Note that **legitimation and paternity
+ > are distinct** — a paternity action establishing support does not by
+ > itself confer custody or visitation; legitimation under § 19-7-22 is
+ > the vehicle for an unwed biological father's parental rights. Confirm
+ > the right vehicle against `ga-family-law`.
- - Research the Georgia analog from authoritative sources
- before authoring; do NOT search-and-replace from another
- state plugin
+ ## Required filings unique to family cases
- ## Cross-references
+ - **Domestic Relations Financial Affidavit (DRFA).** A sworn statement
+ of income, expenses, assets, and debts is a **standard required
+ filing** in contested divorce, support, and modification matters.
+ Confirm the circuit's current form and exchange/filing deadline with
+ the local rule. Use `ga-draft-declaration` for the sworn form.
+ - **Child Support Worksheet.** Where children are involved, the
+ **Georgia Child Support Worksheet** generated through the **Georgia
+ Child Support Commission calculator** (the official income-shares
+ worksheet) is a standard required filing. The substantive
+ income-shares calculation (BCSO table, add-ons, deviations) lives in
+ `ga-family-law` (O.C.G.A. § 19-6-15).
+ - **Parenting Plan — mandatory.** A **Parenting Plan is mandatory under
+ O.C.G.A. § 19-9-1** in any case involving custody/visitation of a
+ minor child (schedule, holidays, decision-making, transportation).
+ The court will not enter a final custody order without one. The
+ required contents are detailed in `ga-family-law`.
- - `ga-statewide-format` for format baseline
- - `ga-fulton` / `ga-cobb` / `ga-county-courts` for venue
- - `ga-pro-se` for pro se conventions
+ ## Family-violence protective orders are a distinct track
+
+ A **family-violence Temporary Protective Order (TPO)** under **O.C.G.A.
+ § 19-13-1 et seq.** runs on its **own statutory procedure** — even when
+ the same parties have a pending divorce or custody case. Coordinate the
+ two cases but do not fold the TPO petition into the divorce/custody
+ filing. Key framework features to verify against `ga-family-law`:
+
+ - **Free to file** — no filing fee for a family-violence TPO petition;
+ use the standardized **GSCCCA** TPO forms.
+ - **Venue** is the **respondent's county** (O.C.G.A. § 19-13-2).
+ - The court may issue an **ex parte TPO** good for **up to 30 days**,
+ with a **mandatory hearing within ~30 days** (O.C.G.A. § 19-13-3);
+ after a hearing the court may enter a protective order up to one year
+ (extendable).
+
+ TPO matters are time-sensitive and often involve safety concerns;
+ encourage prompt consultation with counsel or a local family-violence
+ advocate.
+
+ > Adoption and termination of parental rights are likewise specialized
+ > proceedings with heightened procedure; confirm the governing
+ > statutory scheme before treating them as an ordinary family matter.
+
+ ## Venue and jurisdiction
+
+ - File in the **Superior Court of the county of proper venue.** For
+ divorce, venue is **generally the respondent's county** (**O.C.G.A.
+ § 19-5-2**); confirm the Georgia **residency** prerequisite (a bona
+ fide resident period before filing) against `ga-family-law` and
+ § 19-5-2.
+ - For a family-violence TPO, venue is the **respondent's county**
+ (§ 19-13-2).
+ - If there are minor children, confirm Georgia is the child's **home
+ state** under the **UCCJEA (O.C.G.A. § 19-9-40 et seq.)** and plead
+ the jurisdictional allegations (`ga-family-law`).
+ - Confirm the circuit's family-docket assignment, **whether a Family
+ Division or family case-management track applies**, and any
+ **automatic standing order** with the venue skill (`ga-fulton`,
+ `ga-cobb`, `ga-gwinnett`, `ga-county-courts`).
+
+ ## The caption and parties
+
+ Designate the parties **Petitioner** and **Respondent** and the forum
+ the **Superior Court** of the county (its **Family Division** where the
+ circuit runs one). Build the caption under `ga-statewide-format` (the
+ O.C.G.A. § 9-11-10 caption, the Uniform Superior Court Rules form, and
+ the signature block).
+
+ ## Filing mechanics
+
+ 1. **Confirm jurisdiction and venue** — Superior Court of the proper
+ county; divorce residency and venue (**§ 19-5-2**); TPO venue
+ (**§ 19-13-2**); UCCJEA home-state allegations for children
+ (`ga-family-law`).
+ 2. **Check the circuit's Family Division / standing order** — determine
+ whether the filing court has a Family Division or family
+ case-management track and whether an **automatic standing order**
+ (mutual restraining provisions, mandatory parenting seminar) takes
+ effect on filing; comply with and serve it as the local rule
+ requires.
+ 3. **Prepare the initiating documents** — the **Petition for Divorce**
+ (or Petition for Legitimation / Petition to Establish Paternity /
+ Petition for Modification / Petition for Contempt), pleading the
+ statutory ground and the custody/support/property requests. Use
+ `ga-statewide-format` for the caption and form and `ga-draft-motion`
+ / `ga-draft-declaration` / `ga-draft-order` for the documents.
+ 4. **Assemble the required family filings** — the **Domestic Relations
+ Financial Affidavit**, the **Child Support Worksheet** (Georgia
+ Child Support Commission calculator) where children are involved,
+ and the **mandatory Parenting Plan (§ 19-9-1)** for any custody
+ matter.
+ 5. **File and pay (or waive) the fee** — with the **Clerk of Superior
+ Court** of the county. A self-represented filer who cannot afford
+ costs may file a **poverty affidavit / pauper's affidavit under
+ O.C.G.A. § 9-15-2** to proceed without prepayment of costs (a
+ family-violence TPO petition is free to file). Confirm the county's
+ filing fee and the e-filing path: Georgia counties file electronically
+ through **PeachCourt** or **Odyssey eFileGA**, depending on the
+ county (`ga-file-packet`, and the venue skill).
+ 6. **Serve** the petition under the applicable service rule (personal
+ service of the summons and petition); track the **answer/response**
+ window under the Civil Practice Act (`ga-first-30-days`). For a TPO,
+ the ex parte order and hearing notice are served on the respondent.
+ 7. **Track the waiting period and disclosures** — confirm the **divorce
+ waiting period** (no final no-fault divorce until the statutory
+ period runs after service) against `ga-family-law` and § 19-5-3, and
+ complete any mandatory parenting seminar (`ga-deadlines`,
+ `ga-schedule-hearing`).
+
+ ## Self-represented (pro se) family intake
+
+ - Georgia courts publish self-help family-law **forms and packets**
+ (uncontested divorce with/without minor children, legitimation,
+ modification) through the Judicial Council / Administrative Office of
+ the Courts and the county clerks; **GSCCCA** publishes the standardized
+ **family-violence TPO** forms. Confirm the current packet and that the
+ county accepts it.
+ - File with the **Clerk of Superior Court** of the county of proper
+ venue (generally the respondent's county, § 19-5-2). Designate the
+ filer clearly as self-represented in the signature block (no State Bar
+ of Georgia number) — see `ga-pro-se`.
+ - Clerks and self-help-center staff explain **procedure**, not legal
+ advice. Encourage consultation with a licensed Georgia family-law
+ attorney where there are minor children, retirement assets, real
+ property, a business, safety concerns, or any disputed issue.
+
+ ## Composition
+
+ - For substantive law (divorce grounds and the waiting period, equitable
+ division, alimony, the § 19-9-3 best-interests custody analysis and
+ the child's-election rule, the § 19-6-15 income-shares child-support
+ calculation, legitimation vs. paternity, the mandatory parenting plan,
+ UCCJEA/UIFSA, and the family-violence overlay): `ga-family-law`
+ - For document format and the Georgia caption: `ga-statewide-format`
+ - For the specific county / clerk / Family Division assignment and
+ e-filing: `ga-fulton`, `ga-cobb`, `ga-gwinnett`, `ga-county-courts`
+ - For pro se conventions and self-help forms: `ga-pro-se`
+ - For the response and the first-30-days posture: `ga-first-30-days`
+ - For deadlines, the divorce waiting period, and time computation:
+ `ga-deadlines`
+ - For drafting the petition / response / motion: `ga-draft-motion`
+ - For the Domestic Relations Financial Affidavit and other sworn
+ declarations: `ga-draft-declaration`
+ - For the proposed parenting plan / decree / order: `ga-draft-order`,
+ `ga-submit-order`
+ - For assembling and preflighting the filing packet: `ga-file-packet`
+ - For scheduling and hearings: `ga-schedule-hearing`, `ga-hearings`
+ - For citation verification: `ga-fact-check`
+
+ ## References
+
+ - `references/family-division-local-practice.md` — how the high-volume
+ circuits (Fulton, DeKalb, Cobb, Gwinnett) run Family Divisions /
+ family case-management tracks and their standing orders; per-circuit
+ verification pointers
+ - `references/intake-checklist.md` — the family-case filing checklist
+ (venue, required affidavit/worksheet/parenting plan, fee or pauper's
+ affidavit, e-filing path, service)
+ - `references/required-financial-affidavit.md` — the Domestic Relations
+ Financial Affidavit and Child Support Worksheet requirements and
+ contents
+ - `references/tpo-intake.md` — the family-violence TPO intake path
+ (free filing, GSCCCA forms, ex parte order, hearing within ~30 days,
+ § 19-13-1 et seq.)
+ - `../ga-law-references/references/court-rules/` — the Civil Practice
+ Act, Uniform Superior Court Rules, and county local-rule / standing-
+ order pointers for cross-reference