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...

Prenuptial agreements are generally looked upon negatively. They are believed to be for people with exceptional amounts of money or when someone believes their marriage is likely to end in divorce - this is simply not true. A prenuptial agreement is a contract between two willing parties who are interested in protecting their interests after marriage. A prenuptial agreement starts with an open discussion between two people who are interested in moving into a successful marriage and are not planning for divorce, but rather, are having an honest conversation about what happens if something goes wrong. A prenuptial agreement allows a marrying couple to clarify what will happen to their personal and financial items in the event of divorce. Having these decisions about personal property decided ahead of time may potentially avoid a delayed and expensive divorce later. For those who did not enter into a prenuptial agreement, a postnuptial agreement between married c...

There are some times in our lives when we are too ill to make decisions about our own healthcare. These times can range from going into simple surgery to end of life care. A living will, or advance directive for health care (ADHC), is a legal document that you set-up before you are too ill to make your own decisions. It allows you to set-up guidelines for your healthcare and how you would like these decisions to be made for you when you can't make them yourself. "You have the right to control all aspects of your personal care and medical treatment, including the right to insist upon medical treatment or direct that medical treatment be withheld or withdrawn. If you cannot (or do not want to) communicate your health care decisions for yourself, you have the right to choose someone to make health care decisions for you. You also have the right to state your treatment preferences if you have a terminal condition or are in a state of permanent unconsciousness.The Georgia Advance ...

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.

On this day in 1787, the U.S. Constitution was signed. Enjoy Constitution day by reading it here:  http://www.archives.gov/exhibits/charters/constitution.html

No. The difference between legal separation and divorce often comes up in family law, and the difference is quite simple. In a legal separation the parties are still married.   "A divorce ends your marriage. After you get divorced, you will be single, and you can marry again.”   www.georgiacourts.org The Georgia Courts do allow for a type of action similar to legal separation called separate maintenance. "A party who wishes to live apart permanently, but who does not want to get a divorce, may file a separate maintenance action. The spouses will remain legally married although living apart." www.gabar.org You do not need a separate maintenance action to move forward with a divorce in Georgia. Some people chose a separate maintenance action due to religious, emotional, or financial reasons.  The legal process for a separate maintenance and an uncontested divorce in Georgia is very similar, so unless both people feel strongly about the separate maintena...

Independence Day is one of the most important federal holidays in the United States commemorating the Declaration of Independence , which declared our independence from the Kingdom of Great Britain. “What Jefferson did was to summarize this philosophy in ‘self-evident truths’ and set forth a list of grievances against the King in order to justify before the world the breaking of ties between the colonies and the mother country.” www.archives.gov In the Declaration of Independence Thomas Jefferson describes why the Declaration is necessary:  " The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States.” Declaration of Independence " He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, ...