Blawg of Attorney Christine M Bechtold

Divorce is not easy on anyone, especially children. Every divorcing family is different, but here are a few general tips to deal with the stress of divorcing from your child’s parent: Take the high road and stop fighting. The sooner you can stop fighting with your child’s parent the sooner you can focus on your child. Fighting in front of your child is not good for anyone. Encourage your children to visit their parent, their grandparents, and their extended family. Just because you may not want to be around your child’s parent anymore does not mean your children don’t need them in their life. Remember to keep your child’s best interest in mind. Never disparage a parent or other adult in front of the children . Adult conflicts are for adults only. Do not use your child as messenger. If you have communication for the other parent communicate with them directly. Do keep things as consistent as possible. Keeping your child’s schedule and daily routines in place will help them with...

“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."   U.S. Const. amend. II . This Second Amendment of the U.S. Constitution is generally referred to simply as the “right to bear arms.” The United States Supreme Court recently addressed the Second Amendment and found that, “The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.”  District of Columbia v. Heller, 554 U.S. 570 (2008) .  Our Second Amendment right is regulated by each specific state. Georgia’s specific law is the "Georgia Firearms and Weapons Act." O.C.G.A. § 16-11-120 . In Georgia, the Judge of the Probate Court in your county has the authority to issue a valid firearms permit to qualified applicants. This firearm permit “shall authorize that person to carry...

Parents often ask if they have to pay child support, and the simple answer is yes. Georgia, like all states, believes that child support is a parental obligation based on public policy. Child support belongs to the child not to the parents; therefore parents cannot negotiate away that obligation. Child support is paid by the non-custodial parent to the custodial parent “or other person to whom the custody of the child or children is awarded .” O.C.G.A. § 19-6-17 . The amount of child support starts with the Georgia Child Support Commission .  This organization has “ the purpose of studying and collecting information and data relating to awards of child support and to create and revise the child support obligation table.” Georgia Courts . The Georgia Child Support Commission publishes child support calculators to determine a presumptive child support amount. Georgia Child Support Commission Calculators . This presumptive amount can be deviated upon judicial approval.   It i...

"In all criminal prosecutions, the accused shall enjoy the right . . . to be confronted with the witnesses against him."  U.S. Const. amend. VI . This section of the sixth amendment of the U.S. Constitution is also known as the Confrontation Clause. The idea behind this amendment is that a defendant should have the opportunity to cross-examine and challenge the credibility of people making statements about him. In general, this right only applies when hearsay evidence is offered against a criminal defendant. The Confrontation Clause is often confusing because there are many exclusions when it does not apply. In fact, the issue of exclusion was recently brought before the United States Supreme Court. In their Michigan v. Bryant decision, the Supreme Court held that the admission of a dying man's statements was not a violation of the Confrontation Clause. SupremeCourt Michigan v. Bryant . The majority decision stated that the Confrontation Clause was not violated beca...

Georgia family law revolves around the best interest of your child. The court determines both physical and legal custody of your child after divorce or separation with your child’s other parent. Georgia law provides that the courts are not to give preference to either mothers or fathers when determining physical and legal custody. Physical custody is where the child resides and typically means that the other parent will have visitation rights. Physical custody can be joint or sole. Joint physical custody means that the child takes turns residing with each parent equally. Sole physical custody means that the child resides with just one parent (the custodial parent). In Georgia, it is not common to see joint physical custody. Legal custody gives you the authority to make decisions concerning your child’s needs. These include decisions about religion, education, and non-emergency medical care. Legal custody, like physical custody, can be joint or sole. Parents with joint legal custody ...

The City of Loganville’s traffic citation amnesty program has been extended until 5:00 p.m. on September 16, 2011. waltontribune 8/31/11 . See prior post for details on the program. http://bechtold-law.blogspot.com/2011/07/outstanding-traffic-citation-in-city-of.html.

Much like the program offered in Gwinnett County in March 2011 bechtold-law.blogspot.com 2/28/11 , the City of Loganville’s traffic citation amnesty program begins August 1, 2011. Amnesty will be granted for persons having unpaid citations including contempt of court fees and failure to appear warrants. AJC 7/15/11 . This amnesty will allow citizens to clear their cases and, in some cases, even have their contempt of court fee waived. “Each case will be evaluated based on the offense and there will be some instances where some outstanding warrants will be cleared without an arrest.”  WaltonTribune 7/19/11 . Judge Brad Brownlow from the City of Loganville stated that “This will be their last opportunity to clear their cases without facing arrests and possible jail time.”  WaltonTribune 7/19/11 . If you have an outstanding traffic citation from the City of Loganville and you would like to take advantage of its amnesty program, contact the City of Loganville Municipal Court ...

Walton County Sheriff’s Office recently found a large amount of illegal drugs in a vehicle on highway 78.  “The deputy stated the tint was so dark there no way to determine if the driver was wearing a seat belt, leading to the belief visibility was less than 32 percent. The deputy turned around and initiated a traffic stop west of Cheek Road. “ Walton Tribune 6/19/2011 . After the traffic stop, the Sheriff’s deputy reported a strong odor and that the driver was breathing heavily and shaking. The driver consented to a search of both his body and his vehicle, during which time the Sheriff’s deputy “reported a strong odor of marijuana emanating from the back of the vehicle. A search of the back of the vehicle revealed two suitcases secured by padlocks.” Walton Tribune 6/19/2011 . The driver then refused consent for the deputy to search the suitcases. However, the deputy obtained legal authority to search the suitcases when the vehicle was later towed to the Sheriff’s office. Wh...

  “Attorney: a person who has been qualified by a state or federal court to provide legal services, including appearing in court. Each state has a bar examination which is a qualifying test to practice law.” http://dictionary.law.com/Default.aspx?selected=2464 An attorney will help you understand your legal rights and help solve your legal problem.   Attorneys give strategic advice, research legal issues, draft legal documents, and advocate on your behalf. Hiring an attorney is a valuable investment. In fact, hiring an attorney at the start of your legal issue could save you a lot of money by preventing future legal complications. Putting your legal problem in the hands of a trained legal professional will also help alleviate some of your stress. You should contact an attorney if:   you have legal questions that are not answered by do-it-yourself materials y our legal matter is complex you want a professional to review your legal documents you need advice or c...

A police blotter is a written record of daily arrests in your area. Although you may be familiar with the blotter format, some of the terminology can be confusing. Georgia’s Criminal Code is defined in O.C.G.A. §§ 17-1-1 – 17-18-2. http://www.lexisnexis.com/hottopics/gacode/ .  A brief explanation of common charges is listed below: ·          Criminal Trespass : intentionally damaging the property of another in the amount of $500 or less; or entering the property of another for an unlawful purpose or without their authorization ·          Theft : taking property from another without their consent o    by Taking: unlawfully taking the property of another o    by Deception: obtaining the property of another by misleading o    by Shoplifting: taking merchandise from a retail establishment o    by Receiving: receiving another person’s property when you know it wa...

YES! It is important to monitor your online profile and activity in this modern age. More and more courts are allowing online activity to be discussed in court.   “There are strictly defined legal limits on what information can be lifted and what is in the private domain and can be obtained only through legal procedures like subpoenas, depositions and discovery.” NYT 5/13/11 . Many people do not set their privacy settings high which may make their online activity in the public domain and easily used against them in court.   Even if your settings are limited, it is important to re-evaluate your settings from time to time.   Maybe one of your 300 facebook friends is also facebook friends with your future ex-spouse and they post a picture of you doing something you would rather keep private and not discussed in open court.   In fact, “sixty-six percent of the attorneys surveyed by the AAML [American Academy of Matrimonial Lawyers] called Facebook the unrivaled lea...