Blawg of Attorney Christine M Bechtold

In Georgia, when a couple with children divorces or separates, their child's custody is determined by a judge. Even if both parents agree to custody issues for their child, a Court still needs to approve the custody arrangement. The judge shall look at the best interest of the child to make this decision. But what does that mean? The best interest of the child is a standard that does not focus on the parents, but rather looks forward and attempts to determine the child's best interests now and in the future. In Georgia, the best interest of the child is a statutory list of factors judges may look at when determining custody issues. This list of potential factors includes: the love, affection, bonding, and emotional ties existing between each parent and the child; capacity of the parent; parent's knowledge of the child; parent's ability to provide daily needs for child; parent's home environment (nurture and safety); stability; mental health of parent; physical heal

The Fourth Amendment to the United States Constitution states, " The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” U.S. Const. amend. IV . The United State Supreme Court clarified this in their 1968 Terry vs. Ohio decision. They held that the Constitutional Fourth Amendment prohibition on unreasonable searches and seizures is not violated when a police officer stops a suspect on the street and frisks him without probable cause to arrest, if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime.  This is often referred to as a Terry Stop and allows the officer to conduct a pat-down to search for weapo

A Georgia court recently held that "A party may not be held in contempt for violation of a court order unless the order informs him in definite terms as to the duties thereby imposed on him." Morgan v. Morgan, DailyReport S10A1365. This decision was related to a Agreed Domestic Relations Order (ADRO), but the same would hold true for any type of agreement. It is important to have the correct details in writing. Legal contracts and forms can be found all over the internet these days, however they often do not address your specific concerns. Contracts and agreements should be written to your specific issues and can be catered to your needs. Contact The Law Office of Christine M Bechtold to help you with your legal contract. http://www.bechtold-law.com/Contract.html