Blawg of Attorney Christine M Bechtold

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 plac...

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 ...

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...

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...

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 deliver...

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 i...

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! Parent-child legal rights may be terminated by Georgia Juvenile Courts when it is in the best interests of the child. Parental right termination begins with a filed petition with the Court. These petitions can be filed by any person who has knowledge of deprivation. A deprived child is any child who is without proper parental care or control. O.C.G.A. § 15-11-2. Georgia Courts have held that deprivation may include physical abuse, sexual abuse, and even neglect of hygiene. Daily Report A10A2215 . Even if the abuse is not the fault of the parents, a Court can still find deprivation and terminate parental rights in the best interest of the child. Daily Report A10A2257 . Georgia Courts will appointment a Guardian Ad Litem when there is proceeding for termination of parental rights. O.C.G.A. § 15-11-9. This Guardian Ad Litem is an officer of the court who is appointed to represent the best interests of the child. They will conduct an investigat...