Canton Family Lawyer

Family Law Attorney In Canton

With attractions like annual festivals, free outdoor concerts, and the Etowah River Greenway’s Heritage Park, Canton is a marvelous place to raise your family. Right in the foothills of the Blue Ridge Mountains, even our historic city sees many divorce and child custody cases. When you need reliable legal help, contact an experienced Canton family lawyer.

Kayla Upchurch at Upchurch Law LLC has proudly represented residents of Canton with their family law needs. She can protect your family’s interests and legal rights. If you find yourself in need of help from a trusted family law attorney, schedule a meeting with our firm to discuss your unique needs.

Canton Family Law

An attorney with experience handling family law can help with a variety of types of cases, including:

• Divorce: In Georgia, a divorce is the formal legal process to dissolve your marriage. Some divorces are contested, and many couples must make decisions about property division, alimony payments, and child custody. To file for divorce, there are some residency requirements and nuances to Georgia’s divorce laws worth talking to an attorney about. Georgia currently has a divorce rate of 2.1 per 1,000 individuals. If you find yourself needing to consider divorce, contact a trusted Canton attorney about your situation.
• Child custody: Child custody usually involves both legal custody and physical custody. Cherokee County Courts usually grant joint legal custody, which means both parents typically can make decisions about their child’s healthcare, education, etc. Physical custody can be shared or given to one parent. The main goal is to ensure the child’s best interests are considered in all GA custody decisions.
• High asset divorce: In a high-asset divorce in Georgia, couples usually identify and value their marital assets, determine which assets are separate and which are combined marital property, and equitably divide marital assets. This might not always be a 50-50 split of marital assets. High-asset divorces usually require help from an attorney familiar with valuing and dividing complicated marital assets.
• Property division: Property division in a Georgia divorce follows the legal principle of “equitable division,” which means both assets and debts acquired throughout the marriage are fairly divided, but this does not mean they are split equally. Separate property remains separate, such as property owned before the marriage or assets received as a gift or through an inheritance. Cherokee County Courts consider several factors when deciding about property division, such as evaluating each spouse’s finances, their marriage contributions, and potential future needs.
• Paternity/father’s rights: To get legal rights to your child, it’s critical for an unmarried father to establish paternity. Paternity establishes a biological relationship, but legal legitimation formally recognizes a father’s legal rights, which typically include visitation, custody, and inheritance. There are a few ways to establish paternity, including with voluntary acknowledgment forms, DNA testing, or by beginning a formal paternity action in family court. For help gaining full legal rights, contact a Canton family law attorney.
• Prenup and postnup agreements: Georgia’s prenuptial and postnuptial agreements are legal contracts to outline the division of both assets and debts in the event of a divorce or the death of one spouse. Prenuptial agreements are prepared before marriage, while postnuptial agreements are signed after a marriage begins. Both types of agreements are generally enforceable so long as they are entered into voluntarily, are not obtained through duress or fraud, and the parties provide full financial disclosure before signing. An attorney can provide invaluable assistance to protect your rights with either type of agreement, and they can make sure you’re entering into an enforceable agreement.
• Restraining orders/temporary protective orders (TPOs) and defending accusations: A TPO is a Georgia court order intended to protect people, especially in instances of family violence, workplace violence, or stalking. They can be granted without notifying the other party, and they can be issued right away if there’s any risk of immediate harm. Contact an attorney for help establishing a TPO. Alternatively, an attorney can help defend against a TPO accusation to convince a Georgia family court that the TPO isn’t necessary.
• Guardianships: In Georgia, guardianship is a court-ordered agreement where a guardian is appointed to make decisions for an adult who cannot make sound decisions themselves. The guardian may make decisions about the safety, health, and possibly financial matters for the adult.
• Guardian ad litem (GAL): Kayla Upchurch is a certified guardian ad litem, which means she can help represent the best interests of a minor child in court proceedings. She may become involved in cases involving custody disputes or specific concerns about the well-being of a child.

The court may appoint her to investigate the child’s situation, gather relevant evidence, and present her recommendations in family court.

An attorney can provide legal assistance with many different types of issues. In 2023, Cherokee County handled about 1,822 domestic relations matters, which means a significant number of family law matters are being resolved by our court system. Canton currently has about 38,049 residents, and with I-575 providing easy access to Atlanta, there are many people in the area who may need legal assistance. If you require legal help, contact a trusted attorney in Canton.

Contact a Trusted Canton Family Law Attorney

The compassionate team at Upchurch Law LLC can help protect your interests with many types of family law matters. We provide clear communication so you know what to expect throughout your case.

Whether we are helping you with a divorce, child custody, or other type of family law issue, we remain committed to ensuring your voice is heard throughout the process. We deliver superior legal assistance and unmatched results in court when necessary. Rest assured, Kayla Upchurch isn’t afraid to go to court to fight for what’s fair. We know these cases can be highly emotional, and we’re here to provide peace of mind when you need us.

Let us negotiate on your behalf so you can move forward with your life. Our female-owned firm is resolution-focused, which means we work hard to fight for families as a whole.

Right off Main Street and SR 140, our law office is conveniently located in the heart of Canton. We offer free consultations, and we’re LGBTQ-friendly.

With so much at stake, contact our office today to protect your family’s future.