Understanding Georgia Eviction Laws for Family Members

As parents embroiled in custody disputes are often acutely aware, Georgia law permits family members to live together free from the threat of eviction until specific family law proceedings have concluded. The following highlights a few of the most important provisions to ensure that you gain an edge over your opponent.

Limited Eviction Grounds

Generally speaking, judges handling child custody matters are loath to see shared parenting efforts disrupted permanently because one party insists on renting or otherwise occupying a family residence. In practice, these individuals can rarely evict other family members until critical child custody proceedings have concluded: If you are seeking custody of a child, it’s crucial that you promptly move to exclude opposing parties. Even if you don’t want to seek custody of your child (in which case, you may want to countermand the eviction), you’ll want to take steps to limit opposing parents’ chances to disrupt your child’s routine and fashion a custodial arrangement to their liking.

Contempt of Court

People can’t simply disobey the law in hopes of receiving favorable treatment from judges. When individuals attempt to violate Georgia eviction laws for family members, they can easily be held in contempt of court. This may serve to strip eviction defiers of custody rights.

Evictions, Custody Concessions

Eviction can be a two-way street in the family law arena. If parents have cared for the same child on equal terms, opposing parties will often go to great lengths to secure advantages in court. This is why it’s often tempting to pull a card like a mutual eviction – sometimes with the intention of forcing the temporary adoption of unequal arrangements. In Georgia, it’s important to remember that judges are often reluctant to encourage such efforts. If your spouse has vacated a family home, he or she is sometimes required to provide temporary support to those remaining in the residence.

When to Seek Legal Guidance

Like all state codes, Georgia eviction laws are complex and require careful crafting to enforce fully. Retaining third-party legal counsel is key if you are determined to compete seriously with your ex-partner. Consider arranging an initial consultation at which you can assign the case to professionals dedicated exclusively to assisting families.