Blawg of Attorney Christine M Bechtold

Georgia’s State Legislature recently approved a new immigration bill ( HB 87 - Illegal Immigration Reform and Enforcement Act of 2011 ) but it has yet to be signed into law by Governor Deal. AJC 4/15/11 . This new bill is similar to the much publicized Arizona immigration bill, with a few changes.  Similar to Arizona, the Georgia bill allows local law enforcement to demand documentation of residency. It also empowers police to detain people they reasonably suspect are here illegally. NYTtimes 4/16/11 . The Georgia bill also establishes an Immigration Enforcement Review Board to investigate complaints about those same enforcements.  Unlike the Arizona bill, the Georgia bill softens the requirements for the federal E-Verify program and requires the investigation into a State run guest worker program by the state Agriculture Department. Opponents to the bill state that it will lead to discrimination and harassment towards Georgia immigrants. ...

You decide. Georgia is one of only a few states that still ban retail sales of alcohol on Sundays, but that may soon change.  This week the state approved a bill to allow local communities to determine alcohol sales. WaltonTribune 4/14/11 . This change will allow local governments to decide about Sunday alcohol sales instead of the state, and  Loganvile may be one of the first cities to take on this issue. Voters can expect to see this topic on ballots soon. AJC 4/12/11 .

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 ...

When you receive a jury summons in the mail it is required by law that you appear at the place listed on the summons. Being summoned for jury duty does not guarantee that you will actually serve on a jury. In fact, many counties in Georgia allow you to call the weekend before to see if you even need to be present for jury duty during the date listed. Many people have ideas about how to get out of jury duty, but there are only a few ways to legally avoid jury duty in Georgia: 1.       be seventy years old or above and sign an affidavit from the Clerk of Court’s office asking that you be removed from the jury list, 2.       be permanently mentally or physically disabled with an affidavit from your doctor, 3.       no longer be a resident of the county which summoned you to jury duty, or 4.       be a convicted felon whose civil rights have not been res...

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...

The Norcross Police Department is, "warning residents about door-to-door salesmen selling alarm systems who reportedly are misrepresenting endorsements for their products." Fox 5 3/12/11 . Did you know there is a Federal law that governs sales that take place in your home? Federal law 16 C.F.R. 429 lists your rights regarding most door-to-door sales, including specific contract requirements for sales at your home. GA Consumer Rights. It is important to be aware of your rights! What to do when a salesperson knocks on your door: Remember that you do not need to answer the door. It is your home and you can simply not answer the door. If you do answer the door, be safe. Do not immediately allow a stranger to enter your home. Try to talk to the salesperson on your porch or front step instead of allowing them into your home. If you do allow the person into your home, first be sure to ask for and check their credentials, including: name tag, uniform, business c...

In most cases, yes! "Prenuptial agreements are on the rise . . . and even Britain's Prince William may be considering one." ABA 3/1/11. Although you may not have royal wealth to protect, this type of planning is right for everyone entering into marriage. A prenuptial agreement, or prenup, can help a marrying couple clarify what will happen to their personal and financial items in the event of divorce. These documents have been recognized in Georgia since 1982 , and have specific requirements an attorney can help you with. Each party to a prenup needs their own attorney to ensure their assets are protected. If you are interested in this marriage planning tool, contact our office today. http://bechtold-law.com/Prenup.html