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Showing posts with the label Family divorce children custody

Divorcing Parenting Class - Updated November 1, 2021

I f you have a shared minor child and plan to be divorced in the State of Georgia you will likely be required to attend a parenting class or seminar. Requirements, schedules, and fees vary by county. “ The superior court judges, under whose authority the program shall function, may require any or all parties to attend an educational seminar of no more than four hours in and domestic relations action before the court. The program may be administered by the court or by contract with a private agency. The seminar shall be conducted by qualified personnel whose professional and educational experiences include a knowledge of children and families. " Georgia Superior Court Rule 24.8(B) . “ The goal of this program is to assist the parents in understanding the impact of divorce on children, reduce potential conflicts, and offer practical solutions to future problems.“ alcovycircuit.com . “ The seminar focuses on the developmental needs of children, with emphasis on fostering the child&

Tricks to a Happy Co-Parenting Halloween

Sharing custody of your child with your ex is challenging, holidays can make that challenge even more difficult. Here are some tricks to have a happy co-parenting Halloween:  1. Confirm your visitation schedule as soon as possible. Even if you think you know the visitation plan for Halloween, it is always a good idea to confirm at least one week in advance.    2. If you have a Parenting Plan through the Court, follow that schedule, however, you can adjust Halloween visitation if both parties agree.   3. Halloween falls on a Sunday this year, which can impact regular visitation schedules. Confirm visitation drop-off and pick-up times to ensure both parties have a chance to enjoy the holiday with your child.     4. Think outside the box. There will be Halloween activities around town all weekend. Be open to visitation on days other than just October 31 st . For example, on Saturday, October 30, 2021 “Trick or Treat on Main Street in Loganville will take place this year from 4-6 p.m. on

It’s Not Too Late to Get a Thanksgiving Custody Schedule

  If you share a minor child with your ex it is important that you have a schedule for your child this upcoming Thanksgiving break. The State of Georgia requires that separated parents have, “a parenting time schedule, with an outline making clear who the child will spend time with for each day of the year.” https://georgia.gov . The State does not require that parents follow a specific holiday schedule; this allows parents to be creative and follow a schedule that works for them. Most schools in Georgia have off for Thanksgiving the entire week from Monday, November 25, 2019 through Friday, November 29, 2019, including: Barrow, Fulton, Gwinnett, Newton, and Walton Counties. www.barrow.k12.ga.us , www.fultonschools.org , publish.gwinnett.k12.ga.us , www.newtoncountyschools.org , portal.walton.k12.ga.us . Some parents follow their regular schedule during the Thanksgiving break, while others divide up the week. “You can divide Thanksgiving Day and Thanksgiving weekend so one parent h

Divorcing Parenting Class

If you have a shared minor child and plan to be divorced in the State of Georgia you will likely be required to attend a parenting class or seminar. Requirements, schedules, and fees vary by county. “The superior court judges, under whose authority the program shall function, may require any or all parties to attend an educational seminar of no more than four hours in any domestic relations action before the court." Georgia Superior Court Rule 24.8(B) . “The goal of this program is to assist the parents in understanding the impact of divorce on children, reduce potential conflicts, and offer practical solutions to future problems.” alcovycircuit.com . “The seminar focuses on the developmental needs of children, with emphasis on fostering the child's emotional health during periods of stress.” gwinnettcourts.com . Information on local county parenting classes are listed below: Alcovy (Newton and Walton Counties): Fee : $25.00, cash or money order. Attendance :

Can I Have My Child Support Amount Changed?

Yes, child support can be modified, but only through court Order. Parties are legally required to pay the court Ordered child support obligation unless and until there is a change to the original Order. If there has been a “substantial change in either parent's income and financial status or the needs of the child” a modification of child support can be submitted to the Court. O.C.G.A. §19-6-15 (k) . Once the modification is submitted to the Court, it will go through the same process as the original Order for child support: financial information will be obtained, a child support worksheet will be calculated, documents will be reviewed by the Court, then the judge will enter a final Order on the modification. “In Georgia, a judge may consider increasing or decreasing child support for the following reasons: - The paying party involuntarily loses their job or falls ill; - Either parent receives additional income through remarriage; - Cost of living increase; - Physical di

How Much Does It Cost to File My Divorce? Updated, March 2018

Divorce cases are filed as Domestic Civil Cases in Superior Court. Filing fees to the Superior Court vary by county, see list and links below for the most recent filing fees as of March, 2018. Alcovy (Walton and Newton Counties) $210.00 www.alcovycircuit.com Athens-Clark County $215.00 athensclarkecounty.com Dekalb County $214.00 www.dksuperiorclerk.com Fulton County $221.00 www.fcclk.org Gwinnett County $213.00 www.gwinnettcourts.com Rockdale County $209.00 www.rockdaleclerk.com The filing fee is paid to the Clerk’s office for the filing and processing of your case. If your case requires service of process by the Sheriff, there is a separate fee to the Sheriff’s office of $50.00 per person, per address. If your county is not listed above, call the Clerk of the Superior Court in your county for the most recent fees. This is an update to the prior 2015 post: http://bechtold-law.blogspot.com/2015/08/how-much-does-it-cost-to-

Do I Need to Attend a Parenting Class?

If you have a shared minor child and plan to be divorced in the State of Georgia you will likely be required to attend a parenting class or seminar. Requirements, schedules, and fees vary by county. “The superior court judges, under whose authority the program shall function, may require any or all parties to attend an educational seminar of no more than four hours in any domestic relations action before the court.” Georgia Superior Court Rule 24.8(B). “ The goal of this program is to assist the parents in understanding the impact of divorce on children, reduce potential conflicts, and offer practical solutions to future problems. ” alcovycircuit.com “The seminar focuses on the developmental needs of children, with emphasis on fostering the child's emotional health during periods of stress.” gwinnettcourts.com Information on local county parenting classes are listed below: Alcovy (Newton and Walton Counties): Fee : $25.00, cash or money order Attendance : Di

What are the Fees for Divorce?

Divorce fees vary by state, county, and law firm. In all divorce cases in Georgia, you will have a filing fee paid directly to the Clerk of Court. Filing fees in Georgia vary by county, below is a list of local Superior Court filing fees: Walton County: $210.00 alcovycircuit.com. Newton County: $210.00 alcovycircuit.com. Gwinnett County: $213.00 gwinnettcourts.com. Rockdale County: $209.00 rockdaleclerk.com. If you have a shared minor child with your spouse, you may also be required to attend a parenting class/ seminar for an additional Court fee. Programs and fees vary by county. See my post on parenting classes here: bechtold-law.blogspot.com . Finally, you will have attorney fees for your divorce. Divorce situations vary greatly from family to family which in turn impacts your attorney fees. “Be sure to get your fee arrangement in writing from your attorney before you enter into any attorney-client relationship.” bechtold-law.blogspot.com.

Free Consultation

Email Christine@Bechtold-Law.com to schedule your free consultation in the new year. # NewYearsResolution # FamilyLaw https://twitter.com/BechtoldLaw/status/815906858124845056

Will My Spouse Be Required To Pay For College Expenses For Our Children If We Divorce?

No, the Georgia Courts do not require child support to continue through college. “The duty to provide support for a minor child shall continue until the child reaches the age of majority, dies, marries, or becomes emancipated, whichever first occurs.” O.C.G.A. § 19-6-15(e) . Child support generally ends at age 18, but can be continued through age 19 if the child is still in high school. The Courts do not Order child support past the age of 19 unless the parties agree in clear written language. The Georgia Commission on Child Support was formed to establish and regularly review, “child support guidelines, development and maintenance of the Georgia Child Support Calculator, recommending legislation, providing training throughout the State to judges, attorneys, and the public, and many other duties.” http://csc.georgiacourts.gov/ . This Commission ensures that child support is standard across the entire state of Georgia. Any variation on the standard child support duty must be

Benefits of an Uncontested Divorce

Divorce in Georgia can be contested or uncontested. “In an uncontested divorce, the spouses reach mutual agreement on relevant issues like alimony, child custody, child support, and asset division.” www.avvo.com . Contested divorces conversely are resolved by the Court and require litigation. There are many benefits to an uncontested divorce in Georgia: the divorce can happen sooner because you resolve the issues on your own time-line and do not need to have a long waiting period with the Court; the process is “usually more efficient” www.divorcenet.com ; it is cheaper because you do not need to hire an attorney to fully represent you in Court; you know the legal fees before you start bechtold-law.com ; it is less stressful because there are less legal proceedings; your private life stays private, “you do not have to list a specific wrongdoing by your spouse to start a divorce, but must only swear that the marriage is “irretrievably broken” ww

Do I have to take a Divorcing Parent Seminar?

Yes, you will likely be ordered to take a parenting seminar if you are divorcing in Georgia with a shared minor child, but the requirements vary by county. “The superior court judges, under whose authority the program shall function, may require any or all parties to attend an educational seminar of no more than four hours in any domestic relations action before the court.” Georgia Superior Court Rule 24.8(B) Georgia Superior Court Rule 24.8(B) . “The goal of this program is to assist the parents in understanding the impact of divorce on children, reduce potential conflicts, and offer practical solutions to future problems.” www.alcovycircuit.com . “The seminar focuses on the developmental needs of children, with emphasis on fostering the child's emotional health during periods of stress.” www.gwinnettcourts.com . Information on various county parenting programs are listed below: Alcovy (Newton and Walton Counties) $25.00 Divorce action must be filled with the

Can I Get Discounted Legal Services for Family Law?

Yes, there are options available for discounted legal services for family law issues. First, you need to know if you have a criminal or civil case. “Criminal laws are the rules that apply when someone commits a crime, such as assault, robbery, murder, arson, rape and other kinds of crimes.” www.lawhelp.org . Civil cases involve those where one person is suing another. Family law cases (divorce, child custody) are civil cases. “Under U.S. law, if you have been accused of a crime that may lead to jail time, the judge should assign a government-paid lawyer called a public defender or legal aid lawyer to represent you in court...” ww.lawhelp.org . Public defenders are not assigned for civil cases. There are resources available for discounted legal services for civil cases. GeorgiaLegalAid.org is one whose, “goal is to provide the public with easy Internet access to basic legal information and legal resources in Georgia.” http://www.georgialegalaid.org/ . “If you do

Do I Need a Lawyer for Divorce?

In most cases, yes, obtaining legal services to protect yourself is a wise choice. "Even if your divorce is friendly and you've reached a mutual agreement with your spouse about custody and property, obtaining help from a professional is often a good idea." family-law.lawyers.com. Although some Courts have forms online, to someone who is not familiar with the law, those forms can be overwhelming. Some fill-in forms do not suit your needs and often do not address all issues for a divorcing couple. "An attorney will ensure that all matters that should be resolved in a divorce are resolved. Acting without an attorney could end up being a costly mistake both to the parties and to their children." www.gabar.org. Whether you are starting the divorce process, have already filed, or are in the process of divorce, contact the Law Office of Christine M. Bechtold today at 770.466.2700 or Christine@Bechtold-Law.com to schedule your free divorce initial consultation

How Does a Judge Determine Custody?

Georgia child custody law revolves around the best interest of your child. "In determining the best interests of the child, the judge may consider any relevant factor." O.C.G.A. 19-9-3. An inclusive list of factors a Judge can consider can be found at O.C.G.A. 19-9-3(a)(3) . "If either parent has a history of domestic violence, judges must consider this as well in some states. However, if one parent falsely accuses the other of violence, this false accusation can work against the parent who makes it." family-law.lawyers.com The court determines both legal and physical custody of your child. Legal custody provides that parent with the right to make major decisions regarding the child’s welfare. Physical custody is just what it sounds like; it is where the child will stay. Parents can have joint legal and/or joint physical child custody where they share these responsibilities evenly. Upon divorce where children are involved, Georgia child custody

How Do I Manage Child Visitation During Holidays?

Dealing with your ex-spouse about visitation with your child can be especially difficult during the holidays. It is important to communicate with your ex about the plan for visitation in advance. The sooner you communicate and work out a schedule, the better. In most cases, you will have a Parenting Plan or Visitation Agreement regarding visitation with your child. This Plan will include a schedule for how to manage visitation for the holidays. If you do not have this schedule already written, or if either of you want to change it, you will both need to work out a new plan. It is important to be clear about where your child will be during the holidays and who is responsible for transporting your child to and from the visitation.     If your child is age appropriate, you should also make the schedule clear to your child well in advance. Communication is the key to a smooth holiday visitation.