Blawg of Attorney Christine M Bechtold

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

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.

I recently received the following email from a concerned grandfather who, like many, paid for a complicated divorce when it may not have been necessary: “The case began when my daughter and grand kids arrived at my home leaving her husband in another state. They had no assets and the reason left no option but divorce. He was a stay at home dad and pleaded ‘no money’ to help with legal or other expenses but agreed the divorce was necessary. He soon moved to Atlanta with the help of his parents. My daughter quickly started a new job. I contacted Christine but was referred to a high profile attorney and paid the firm $5,000 to begin the process then stepped aside and let all bills be mailed to my daughter who had moved to her new residence.  I gave them no specifications or budget. Soon I was hearing about interviews and negotiations. I learned he had to sign an agreement or go to court. So in my mind, they were preparing a divorce to his specifications. My daughter delivered t

A temporary hearing is unique to family law. It is not a full trial, but a quick hearing with the judge. The temporary hearing can be held in open court or in the judge’s chambers. The purpose of this hearing is to determine what will happen while a divorce is pending. A temporary hearing can address: Where the parties will live Who will stay in the martial home Who is responsible for covering bills Who will keep which vehicle Will there be alimony Will one party pay the other’s attorney’s fees Who the children will live with When the other parent will have visitation with the children What amount of child support will be paid During a temporary hearing, both attorneys present a brief overview of the case, call witnesses to the stand, and argue their case to the judge. There is no jury involved in a temporary hearing, although there may be other parties in the Courtroom. The temporary hearing is limited to two live witnesses, th

Under Georgia law, both parents of children under the age of 18 years old in a divorce, separate maintenance, paternity, change of custody, visitation, legitimation, and any other domestic action, are required to attend a parenting seminar. Uniform Superior Court Rule 24.8 . The divorcing parent’s seminar “focuses on the developmental needs of children, with emphasis on fostering the child’s emotional health during periods of stress.” Gwinnett Courts Parenting Seminar The seminar must be completed within 31 days of the original complaint and should be attended in the County which the action was filed. Certificates will be issued after completing the seminar. If a parent cannot attend the class in the County the divorce was filed, they should contact their county superior court and see if their county holds an acceptable parenting seminar. Since the seminar is mandatory in Georgia there are many classes available to suit parent’s schedules. The Gwinnett County Divorcing Parent’

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

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 is importa

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

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 leader for online divo

Yes and no. Georgia does not have specific statutes providing a presumptive grandparent-grandchild legal right, however, Georgia law does allow grandparents to seek custody or visitation with their grandchildren in some situations. Child custody and visitation are both based on the best interests of the child. http://bechtold-law.blogspot.com/2011/02/who-determines-child-custody.html . Georgia Courts have a strong preference to keep children with their parents; therefore when there is a disagreement, grandparents often have to endure a full legal proceeding in order to exercise their legal rights with their grandchildren. Even when grandparents have cared for their grandchildren in the absence of their parents, grandparent rights are not automatic; a Court Order is required to ensure custody or visitation with grandchildren. O.C.G.A. § 19-7-3(b). Additionally, grandparents are not authorized in Georgia to file an original action for grandchild