fba-law

Navigating Parental Rights in the Military: Challenges for Service Members

Mon, 24 Nov 2025 21:19:32 GMT

Serving in the military while raising a family presents a unique set of challenges. The demands of active duty, including deployments and relocations, add significant complexity to parenting. When a divorce or separation occurs, these challenges are magnified, making custody and visitation arrangements particularly difficult to navigate. Both fathers and mothers in service must understand their rights and the specific legal protections available to them to ensure they maintain strong, healthy relationships with their children.

This article explores the legal and emotional landscape for military parents. We will discuss the impact of military life on custody agreements, the specific rights afforded to service members, and the distinct challenges faced by both military fathers and mothers. By understanding these issues, you can take proactive steps to protect your parental rights and your child's best interests.

The Legal Complexities of Military Custody

Family law for service members involves a combination of state laws and federal protections. The transient nature of military life requires special considerations that are not present in typical civilian divorce cases.

How Deployments and Relocations Impact Custody

Frequent relocations and deployments are a reality for military families. A Permanent Change of Station (PCS) can move a parent across the country or the world, making a standard visitation schedule impossible. Deployments can mean a parent is absent for months or even over a year.

Courts must create custody orders that are flexible enough to accommodate these realities. Often, this involves creating detailed parenting plans that outline how custody will be handled during deployments, including designating a temporary guardian (often a family member) and establishing communication protocols like video calls.

The Servicemembers Civil Relief Act (SCRA)

The Servicemembers Civil Relief Act (SCRA) is a federal law that provides crucial legal protections for active-duty military personnel. A key provision of the SCRA allows service members to request a "stay" or temporary halt on civil court proceedings, including divorce and custody hearings.

This is vital if you are deployed or otherwise unable to appear in court due to your military obligations. The SCRA prevents default judgments from being entered against you while you are serving, ensuring you have a fair opportunity to present your case. It is not an automatic stop; you must request it, and a judge must approve it. This protection is a cornerstone for safeguarding both Military Father's Rights in Divorce and Military Mother's Rights in Divorce .

Custody Modifications for Military Parents

A deployment or a PCS move is generally considered a significant change in circumstances, which can be grounds for modifying a custody order. However, many states have laws preventing a parent’s absence due to military service from being the sole factor in a decision to permanently change custody. These laws are designed to prevent service members from being unfairly penalized for their duty. Instead, courts typically issue temporary orders that revert to the original agreement once the service member returns.

The Emotional Aspects of Military Parenting

Beyond the legal hurdles, military parents face significant emotional challenges. The strain of separation and the difficulties of co-parenting from a distance can take a toll on both parents and children.

The Strain of Long Separations

Long deployments can strain the parent-child bond. Children, especially young ones, may struggle to understand a parent's prolonged absence. The parent who is deployed often feels a deep sense of loss and disconnection from their child's daily life, missing milestones and important moments.

To combat this, maintaining consistent communication is key. Schedule regular video calls, send emails, and mail letters or care packages. Using technology to read a bedtime story or help with homework can help bridge the physical distance and maintain a sense of normalcy.

The Challenges of Co-Parenting

Co-parenting is challenging under any circumstances, but it becomes even more so when one or both parents are in the military. Time zone differences, unpredictable schedules, and limited communication can make shared decision-making difficult.

Successful military co-parenting requires trust, flexibility, and a commitment to open communication. Both parents must prioritize the child's needs and be willing to adapt the parenting plan as circumstances change. Establishing clear communication protocols from the outset can prevent misunderstandings and conflict down the road.

Unique Challenges for Military Fathers and Mothers

While all military parents face obstacles, fathers and mothers often encounter different societal pressures and stereotypes that can impact their custody cases.

Military Father's Rights in Divorce

Fathers in the military may face the outdated assumption that mothers are the primary caregivers. This bias can be compounded by a father's demanding military schedule, which may be used by the other party to argue that he cannot be the primary parent.

To protect their rights, military fathers must proactively document their involvement in their child’s life. This includes keeping records of communication, participating in parent-teacher conferences via phone or email, and being as engaged as possible in daily routines when not deployed. Demonstrating this consistent commitment is crucial for establishing Military Father's Rights in Divorce and proving you are an equally capable parent.

Military Mother's Rights in Divorce

Mothers in the military can face a different kind of scrutiny. They may be judged for "choosing" a career that takes them away from their children, facing societal pressure that military fathers do not. This can create an unfair burden in custody proceedings.

Protecting Military Mother's Rights in Divorce involves showcasing how you have arranged for stable and loving care for your child during service obligations. It also means highlighting your active role and the strong bond you maintain despite deployments. An experienced attorney can help counter any gender-based biases and focus the court's attention on your capabilities as a parent.

Solutions and Support for Military Parents

Navigating a military divorce requires a strategic approach and a strong support system. Fortunately, there are many resources available to help you protect your rights and your family.

Create a Flexible and Detailed Parenting Plan

A well-crafted military parenting plan is your most important tool. This legal document should be as detailed as possible and address:

Custody During Deployments: Who will have temporary custody? What are the visitation rights for the non-deployed parent?
Communication: How often and by what means will the deployed parent communicate with the child?
Relocation: What happens if one parent receives PCS orders? How much notice is required?
Decision-Making: How will major decisions about education, healthcare, and religion be made?

Find Legal Support and Resources

An attorney with experience in military family law is essential. They understand the interplay between state law and federal protections like the SCRA. They can help you draft a comprehensive parenting plan and advocate for your rights in court.

In addition to legal counsel, military bases offer support services through the legal assistance office and family advocacy programs. These resources can provide guidance and connect you with counselors or mediators.

Protect Your Rights and Your Family

Balancing military service with parenthood during and after a divorce is one of the toughest challenges a service member can face. By understanding your legal rights, proactively documenting your parental involvement, and building a strong support network, you can navigate this difficult process successfully. Your commitment to your country should not come at the expense of your relationship with your child.

If you are a service member facing a divorce or custody issue, seek guidance from a family law attorney who understands the unique complexities of military life. Taking proactive steps today is the best way to protect your future with your child.

How the Team at FBA Law Firm Can Help

At Fennell, Briasco & Associates, you’ll find attorneys who truly understand the realities of military service—Managing Partner Caryn S. Fennell is a veteran herself and brings a unique perspective to military family law, while Partner Lacey M. Briasco is a military spouse and a mother who brings her own unique experience and perspective to military family law. At Fennell, Briasco & Associates, our experienced attorneys are well-versed in the complexities of military family law. We understand the unique challenges that active-duty and reserve service members face in custody and divorce matters. Our team can help you create detailed, flexible parenting plans that accommodate deployments and relocations, ensuring your parenting rights remain secure. We advocate fiercely for the rights of military fathers and mothers, working to protect your relationship with your child while navigating the legal system. From managing documentation to representing your interests in court, FBA Law Firm stands ready to guide and support you every step of the way.

FAQs

What is the best way to protect military father's rights in divorce?
The best way to protect military father's rights in divorce is by keeping detailed records of your involvement, communicating consistently with your child during deployments, and working with an attorney experienced in military family law .
Can military service affect a mother's custody rights during divorce?
Military service can impact a mother's custody rights, but courts cannot use deployment or relocation as the sole reason to change custody. Proactively arranging for your child's care and maintaining involvement are key factors in protecting those rights.

Protecting Fathers' Rights in Divorce: Overcoming Challenges

Mon, 24 Nov 2025 21:14:10 GMT

Divorce is a difficult process for any family. For fathers, it can present unique challenges, including outdated stereotypes that can influence custody and visitation outcomes. While courts are evolving, the perception that mothers are the default primary caregivers can still linger. Protecting your father's rights in divorce requires a proactive and strategic approach focused on one thing: the best interests of your child.

This guide offers actionable advice for fathers navigating divorce and custody. We will explore how to demonstrate your active role as a parent, address potential bias in the legal system, and effectively advocate for your father's custody rights . By taking these steps, you can help ensure a fair outcome that supports your relationship with your child.

Demonstrate Your Active and Consistent Parenting

The single most powerful way to protect your rights is to prove your consistent involvement in your child's life. Actions speak louder than words, and a well-documented history of active parenting is your strongest asset. Don't assume a judge will automatically understand your role; you must show them.

Document Everything

Create a detailed log of your parenting activities. This record serves as tangible proof of your commitment and involvement. While it may seem tedious, this documentation can be invaluable in court.

Daily Routines: Keep a journal of your daily interactions. Note when you prepare meals, handle bedtime and morning routines, help with homework, and provide discipline or guidance.
School and Extracurriculars: Track your attendance at parent-teacher conferences, school plays, and sporting events. Note any communication you have with teachers, coaches, or tutors.
Appointments: Log all medical, dental, and therapy appointments you schedule and attend with your child.

Gather Supporting Evidence

Your personal log is powerful, but it's even more effective when supported by external evidence. Collect digital and physical proof of your involvement.

Communications: Save emails, text messages, and call logs that show you coordinating schedules, discussing your child's well-being, and making shared decisions with your co-parent.
Financial Contributions: Keep receipts for expenses related to your child, such as clothing, school supplies, sports equipment, and medical co-pays. This demonstrates your financial support beyond formal child support payments.
Photos and Videos: Visual evidence of you and your child sharing experiences—from a vacation to a simple park visit—can help illustrate the strength of your bond.

Involve Witnesses

Third-party validation can significantly strengthen your case. People who have witnessed your parenting firsthand can offer credible testimony about your role in your child's life. Consider asking teachers, coaches, daycare providers, neighbors, or other parents to speak on your behalf. Their impartial observations can help in overcoming bias in custody cases .

Address Potential Bias in Court

While the legal system has moved toward a more equitable view of parenting, unconscious bias can sometimes still be a factor. Acknowledging this possibility allows you to build a case that actively counters outdated assumptions.

Understand Modern Legal Standards

Today, the primary standard in any custody decision is the "best interest of the child." This legal principle requires judges to consider a wide range of factors to determine which arrangement best supports a child's physical, emotional, and developmental needs. The law no longer automatically presumes that a mother is the better caregiver. Your goal is to show how your active involvement directly serves your child's best interests.

Hire Experienced Legal Counsel

Navigating the complexities of family law is challenging. An experienced family law attorney is your most critical ally. They can help you build a strong case, navigate court procedures, and anticipate legal arguments from the other side. Statistics show that parents with legal representation often achieve more favorable outcomes. An attorney who understands fathers’ rights in divorce can help level the playing field and ensure your voice is heard.

Challenge Assumptions with Evidence

If you suspect bias is influencing your case, the most effective response is to counter it with overwhelming evidence. Work with your attorney to present a compelling narrative that showcases your parenting capabilities. Don't just say you're a good father—prove it. By presenting detailed logs, financial records, and witness testimony, you replace subjective assumptions with objective facts.

Advocate for Your Rights and Your Child's Needs

Asserting your parental rights is not about "winning" against your ex-spouse; it's about advocating for the best possible future for your child. Frame your arguments and actions around this central principle.

Focus on Stability and Nurturing

Demonstrate to the court that you can provide a stable, safe, and nurturing home environment. This includes more than just physical space. Highlight your ability to provide emotional support, establish consistent routines, and foster your child's intellectual and social growth. A detailed parenting plan that outlines your approach to daily life, education, and healthcare can be a powerful tool.

Center Your Arguments on the Child

Every request you make should be framed in terms of how it benefits your child. Instead of saying, "I want 50/50 custody," explain why that arrangement is in your child's best interest. For example, you might explain how equal time with both parents will provide your child with stability, reinforce important relationships, and allow you to continue your active role in their education and extracurriculars.

Using legal precedent, such as prior appellate court decisions that support shared parenting, can also be an effective strategy. Your attorney can leverage these cases to guide the judge's decision-making process and constrain any potential inclination toward a biased outcome.

Take Proactive Steps to Protect Your Family

For fathers, securing a meaningful role in their children's lives post-divorce requires preparation and persistence. The perception of parental roles has changed, but you must be prepared to demonstrate your commitment clearly and consistently. By documenting your involvement, seeking expert legal counsel, and always focusing on the needs of your child, you can overcome outdated stereotypes and protect your father's custody rights .

If you are facing a divorce and are concerned about your rights as a father, don't wait until it's too late. An experienced family law attorney can provide the guidance and advocacy you need to navigate this challenging time and secure a positive outcome for you and your child.

How the Team at FBA Law Firm Can Help

Fennell, Briasco & Associates understands the unique challenges fathers face during divorce and custody cases. As a leading Metro Atlanta law firm specializing in family law, our team provides expert legal counsel tailored to each client's situation. We work closely with fathers to develop personalized strategies designed to protect your rights and secure the best possible outcome for you and your children.

Our attorneys are dedicated to clear communication and compassionate support throughout the process. From gathering compelling evidence to advocating for your parental role in court, we are by your side every step of the way. Whether you need help overcoming stereotypes or navigating complex legal procedures, FBA Law Firm is committed to fighting for your interests and ensuring your voice is heard.

Little Known Facts About Fathers' Rights in Divorce

In recent years, joint physical custody is becoming more common: Nearly 50% of U.S. states now have laws or guidelines favoring joint custody arrangements, reflecting a shift toward recognizing fathers' equal parenting roles.
Contrary to popular belief, courts are legally required to make custody decisions based on the best interests of the child, not the gender of the parent—yet stereotypes may still influence some cases.
Studies have shown that children with actively involved fathers tend to perform better academically and experience fewer behavioral issues after divorce.

FAQs

What is the best way to ensure fair custody arrangements?
The best way to ensure fair custody arrangements is by demonstrating your active involvement in your child's life, documenting your contributions, and working with an experienced family law attorney .
How can fathers prepare for custody hearings?
Fathers can prepare by gathering evidence of their parenting involvement, such as detailed logs, financial records, and witness testimonies, and by understanding the legal standards that prioritize the child's best interests.

2026 Child Support Law Changes in Georgia: What Parents Need to Know

Mon, 24 Nov 2025 21:09:46 GMT

Significant updates to Georgia's child support laws are set to take effect in 2026, bringing major changes for parents across the state. These reforms impact everything from how parenting time affects support payments to how high-income families and veterans are treated in calculations. Understanding these new rules is essential for any parent currently paying or receiving child support, as well as for those anticipating future proceedings.

This article will break down the key 2026 Georgia child support law changes . We will explore the new mandatory parenting time adjustment, the increased income threshold, relief for low-income parents, and the inclusion of VA disability benefits. Forewarned is forearmed, and knowing what's coming can help you prepare for how these shifts might affect your family's financial future.

Mandatory Parenting Time Adjustment

One of the most impactful reforms is the new mandatory parenting time adjustment . Previously, adjustments for a non-custodial parent's time with their child were often subject to negotiation or judicial discretion. The 2026 law introduces a new formula that automatically adjusts child support based on the number of court-ordered overnights a child spends with each parent. Many Courts have already begun using the new formula.

This change creates a more direct and predictable link between parenting time and financial responsibility. If you are a non-custodial parent with a court-ordered schedule that includes even one overnight, your child support obligation will be reduced based upon the previous calculations. The new calculation considers the total number of overnights averaged over a two-year period, ensuring that the financial support amount more accurately reflects the real-life division of parenting time. This reform acknowledges the financial costs associated with direct care and aims to create a more equitable system for both parents.

Increased Income Threshold for High-Income Families

The 2026 updates also address families at the higher end of the income spectrum. The maximum combined household income used for standardized child support calculations is increasing significantly, from $360,000 to $480,000 per year.

For families whose combined income falls within this new range, child support calculations will become more consistent and predictable. In the past, support for incomes above the cap was left largely to the discretion of the court, leading to wide variations in outcomes. This increase raises the ceiling for using the standard child support worksheet, providing a clearer, more standardized framework and ensuring that support obligations for high-income earners are assessed more accurately and fairly.

Mandatory Low-Income Adjustment

On the other end of the financial scale, the new laws introduce a mandatory adjustment for low-income parents. This is not a discretionary measure but a required calculation designed to provide financial relief and prevent parents from facing insurmountable support obligations.

A new table will be implemented for parents earning between $1,550 and $3,950 per month. This table automatically adjusts their support obligation to a lower, more manageable amount. The goal of this reform is to ensure fairness and recognize that a standard percentage-based calculation can be disproportionately burdensome for those with limited earnings. This change helps prevent low-income parents from falling into debt while still ensuring children receive necessary financial support.

Inclusion of VA Disability Benefits in Child Support

Another critical update concerns veterans. The 2026 Georgia child support law changes now require courts to consider VA disability benefits in their calculations. This is a significant development for service-disabled veterans and their families.

Specifically, if a child receives VA dependency benefits due to a parent's disability, that amount will now be factored into the overall child support calculation. This often results in a credit toward the non-custodial parent's support obligation, potentially reducing their direct monthly payment. This reform recognizes that these federal benefits are already contributing to the child's financial support, preventing a situation where the parent is effectively "paying twice." It ensures that VA disability benefits in child support are treated fairly and integrated logically into Georgia's legal framework.

How The Team at FBA Law Firm Can Help

Understanding and adapting to the 2026 Georgia child support law changes can be a daunting task for any parent. The team at FBA Law Firm is here to make this transition smoother and less stressful for you and your family. Our attorneys have extensive experience in family law, and we stay up to date on all legislative reforms, including the most recent updates impacting child support calculations, parenting time adjustments, income thresholds, and VA disability considerations.

We believe that every family is unique, so we offer personalized guidance tailored to your particular situation. Whether you need a comprehensive review of your existing child support order, help interpreting the new formulas and tables, or representation in court for modifications, our dedicated team is ready to assist. We take the time to understand your needs, answer your questions, and explain how these new laws affect your rights and obligations.

By partnering with a family lawyer Woodstock GA , you gain an ally who prioritizes your child’s best interests while ensuring your legal and financial concerns are fully addressed. Let us help you navigate the complexities of the new child support laws with confidence and clarity.

Prepare for the Future of Child Support in Georgia

The 2026 Georgia child support law changes represent a major overhaul of the system. From mandatory parenting time credits to new rules for high- and low-income earners, these updates will affect countless families. Whether you are a non-custodial parent seeking a fairer obligation or a custodial parent concerned about your child's financial security, it is vital to understand how these laws apply to you.

If you have questions or believe your child support order may need to be revisited in light of these changes, the best course of action is to seek professional legal advice. Consulting with an experienced family law attorney can provide clarity and help you take the right steps to secure a fair and just outcome for you and your children.

Frequently Asked Questions

What is the best way to prepare for the 2026 Georgia child support law changes?
The best way to prepare is to review your current child support order, track your parenting time, and consult with a qualified family law attorney who can help you understand how the changes may impact your situation.

How will the new parenting time adjustment affect non-custodial parents?
The mandatory parenting time adjustment will automatically reduce support obligations based on the actual number of overnights a non-custodial parent has, providing more fairness and accuracy in how support is calculated.

Adult Adoptions

Thu, 09 Oct 2025 20:19:54 GMT

Eligibility Criteria for Adoptors: To adopt an adult, the adopter must be legally capable of entering into a contract and must be older than the adoptee, though specific age requirements can vary by jurisdiction.
Eligibility Criteria for Adoptees: The adoptee must be a legal adult and capable of giving consent. Some regions may have additional requirements, such as a minimum age difference between the adoptor and adoptee.

How Does Adult Adoption Differ from Child Adoption?

Legal Distinctions

The legal process for adult adoption is generally simpler than that for a child. There are fewer requirements, such as home studies or waiting periods, which are standard in child adoption. Additionally, because the adoptee is an adult, their consent is crucial, unlike in many child adoption cases.

Emotional and Social Implications

Adult adoptions often occur when there’s an existing emotional bond, differing from child adoptions, which may start with no prior relationship. The emotional dynamics are more about mutual respect and formalizing an existing connection rather than building a new one from scratch.

Who Can Adopt an Adult and Who Can Be Adopted?

What are the Common Reasons for Adult Adoption?

Legal and Financial Motivations: Adult adoptions can secure inheritance rights or formalize an existing parent-child relationship for legal purposes, such as medical decision-making rights.
Emotional and Familial Reasons: Many adult adoptions occur to recognize an existing parent-child relationship that has developed over time.
Cases of Inheritance and Lineage Continuation: Adult adoptions can be used to ensure that family businesses or estates remain within the family, even if the family members are not biologically related.

What is the Legal Process for Adult Adoption?

A family lawyer can help you navigate the complex legal process of adult adoption. The process typically involves filing a petition for adoption with the court and obtaining consent from the adoptee. The court then reviews the petition to ensure the adoption is in the best interest of the parties involved. Documentation usually includes the Petition, consent forms, and identification documents such as birth certificates or driver’s licenses. Legal formalities might involve court appearances by both the adoptor and the adoptee.

How Does Adult Adoption Impact Existing Family Relationships?

Emotional Dynamics within the Family

Adult adoption often solidifies a bond that has already been established over time. This formal recognition can bring immense joy and a sense of belonging to both parties. However, it’s important to consider the ripple effect this decision can have on existing family dynamics. Biological children or other relatives may feel uncertain or threatened by the new legal family member, fearing changes in affection, attention, or future inheritance. Open communication and reassurance are key in navigating these emotional waters, ensuring that all family members feel valued and heard.

Legal Implications for Biological Family Members

From a legal standpoint, the adoption of an adult introduces a new member into the legal family hierarchy, which can have significant implications, particularly in matters of inheritance and legal responsibilities. The adopted adult gains rights akin to a biological child, which can alter the division of property and responsibilities within the family. This shift may require revising wills or estate plans to reflect the new family structure. Families must address these changes proactively, ideally with legal assistance, to prevent misunderstandings and ensure that the rights and expectations of all family members are clear and respected.

Reach out for FBA Law for Assistance with Adult Adoption

Navigating the complexities of adult adoption can be challenging. FBA Law specializes in family law and can provide expert guidance through the legal process of adult adoption. We ensure that all legal requirements are met and that the adoption process is as smooth and stress-free as possible.

Adult adoption is a unique legal process that creates a new, legally recognized family bond between adults. It’s driven by various motivations, from legal and financial reasons to deep emotional connections. Understanding the nuances of this process is crucial for anyone considering adult adoption, and seeking the help of professional legal assistance can be invaluable in navigating this journey.

What are Adult Adoptions?

How Does Adult Adoption Differ from Child Adoption?

Legal Distinctions

Emotional and Social Implications

Who Can Adopt an Adult and Who Can Be Adopted?

What are the Common Reasons for Adult Adoption?

What is the Legal Process for Adult Adoption?

How Does Adult Adoption Impact Existing Family Relationships?

Emotional Dynamics within the Family

Legal Implications for Biological Family Members

Reach out for FBA Law for Assistance with Adult Adoption

What are adult adoptions?

Adult adoption is a legal process where an individual who is considered legally an adult (whether by age or emancipation) is adopted by another adult, creating a formal and legal parent-child relationship. Unlike adopting a minor, adult adoption is less about providing care and more about legally formalizing an existing emotional or familial bond. This process grants the adopted adult the same legal rights and responsibilities as a biological child.

Alimony

Wed, 08 Oct 2025 20:47:15 GMT

Who is Eligible for Alimony

Eligibility for alimony, which is a crucial aspect of many divorce proceedings, hinges on a variety of factors. This section breaks down the criteria that typically determine who may be eligible to receive alimony.

Financial Need and Ability to Pay

Duration of the Marriage

Long-Term vs. Short-Term Marriages : The length of the marriage often plays a significant role in alimony decisions. Typically, long-term marriages (usually those lasting over a certain number of years, which can vary by state) are more likely to result in alimony awards, especially if one spouse did not earn income during the marriage. In contrast, short-term marriages or annulments may result in more limited or no alimony.

Age and Health of the Spouses

Consideration of Age and Health : The age and physical and emotional health of both spouses are important factors. Courts often consider whether age or health issues might limit the recipient’s ability to become self-sufficient or gain employment.

State Laws and Individual Circumstances

Variation by State : Alimony laws and guidelines vary significantly by state, which affects eligibility criteria. Some states have specific formulas or guidelines, while others leave more discretion to the judge.
Case-by-Case Basis : Ultimately, each case is considered on its merits, and judges have the discretion to weigh various factors differently. This means that outcomes can vary even in similar circumstances. Additionally, there can be conduct that bars a spouse from receiving alimony, even if they were the low-income earner. Conduct such as adultery or desertion may impact eligibility to be awarded alimony.

How is Alimony Calculated?

The calculation of alimony is a nuanced process that involves several key factors. These factors are used to determine both the amount and duration of alimony payments. It’s important to note that the specific application of these factors can vary significantly by state.

Length of the Marriage

Impact on Duration and Amount: Generally, the longer the marriage, the more likely that alimony has the potential to be awarded, and the longer the duration of payments. This is based on the premise that longer marriages often involve greater financial entwinement and sacrifices by one or both spouses.

What is Alimony?

Who is Eligible for Alimony

Financial Need and Ability to Pay

Duration of the Marriage

Age and Health of the Spouses

State Laws and Individual Circumstances

How is Alimony Calculated?

Length of the Marriage

Income and Earnings of Both Parties

Standard of Living During the Marriage

Contributions to the Marriage

Financial Needs and Obligations

Case-by-Case Approach

Different Types of Alimony

Temporary Alimony

Rehabilitative Alimony

Permanent Alimony

Periodic Alimony

Lump-Sum Alimony

Learn More About

Alimony with FBA Law

Alimony, also known as spousal support, is a financial support payment from one divorced spouse to the other. It is designed to help lower-earning or non-earning spouses maintain a reasonable standard of living after a divorce or separation. Alimony is often awarded in cases where there is a significant discrepancy in earnings between the spouses, and it aims to mitigate any unfair economic effects of a divorce by providing a continuing income to the lower-wage or non-wage-earning spouse.

The concept of alimony is deeply rooted in the legal recognition that marriage is a financial partnership. When that partnership ends, the more financially well-off partner may be required to support the other for some time, allowing the recipient to maintain a lifestyle similar to that enjoyed during the marriage, or at least to avoid a stark decline in their living standards immediately following divorce.

Alimony can be temporary or permanent, depending on various factors like the length of the marriage, the age and health of the recipient, and their ability to become financially independent post-divorce. The specific terms, including the amount and duration of the payments, are typically determined by the court based on state laws and the individual circumstances of the divorce case. In Georgia, permanent alimony is rare. Temporary alimony, otherwise known as rehabilitative alimony, is the more common option of the two.

The legalities and specifics of alimony can vary significantly from one jurisdiction to another, reflecting the diverse legal frameworks governing marital relationships and their dissolution across different states and countries.

Financial Need of the Recipient : One of the primary considerations is whether one spouse needs financial support. This need is often assessed concerning the standard of living established during the marriage. If one spouse was financially dependent on the other during the marriage, this dependency is a key factor in determining eligibility for alimony.
Ability of the Other Spouse to Pay : Equally important is the other spouse’s ability to provide financial support. This involves examining their income, assets, and overall financial capacity. The court aims to ensure that alimony payments do not place an undue financial burden on the paying spouse.

Comparative Financial Analysis: A crucial factor is the comparative earnings and earning potential of each spouse. This includes current income, as well as future earning capacity, influenced by age, health, job skills, and the job market.

Income and Earnings of Both Parties

Standard of Living During the Marriage

Maintaining a Similar Lifestyle: Courts often aim to ensure that the alimony recipient can maintain a standard of living similar to that enjoyed during the marriage, within reason and considering the payer’s ability to pay.

Contributions to the Marriage

Acknowledging Non-Financial Contributions: The contributions of each spouse to the marriage, including career sacrifices, homemaking, and childcare, are factored in. This acknowledges that one spouse’s contributions may have enabled the other’s career growth.

Financial Needs and Obligations

Assessing Individual Needs: The court examines each spouse’s financial needs and obligations, including debts and expenses. This helps in determining a fair and feasible alimony amount.

Case-by-Case Approach

Individual Circumstances Matter: Ultimately, each alimony case is unique, and courts consider the specific circumstances of each case. This allows for a tailored approach to alimony that fits the nuances of each situation.

Different Types of Alimony

Alimony can take several forms, each with specific purposes and applications. Understanding these types is crucial for both parties in a divorce to set realistic expectations and plan accordingly.

Purpose : Temporary alimony is provided during the divorce proceedings. It’s designed to support the lower-earning spouse until the final divorce decree is issued.
Duration : This type of alimony ends when the divorce is finalized, at which point it may be replaced by another form of alimony.

Temporary Alimony

Rehabilitative Alimony

Aim : Rehabilitative alimony is intended to support a spouse in becoming financially independent, typically through education or job training.
Conditions : It is usually awarded when one spouse has put their career on hold or needs additional skills or education to enter the workforce effectively.
Time Frame : This alimony is often granted for a specific period, sufficient for the recipient to complete their education or training and become self-sufficient.

Application : Permanent alimony is less common and is typically reserved for long-term marriages where one spouse may be unable to become self-supporting due to age, health issues, or other significant factors.
Characteristics : This type of alimony may continue until the recipient remarries or either spouse dies. However, it can be modified based on significant changes in circumstances.

Permanent Alimony

Function : Periodic alimony is awarded for a set period and is often used in moderate-length or long-term marriages, paid on a monthly basis.
Limitations : The length of the alimony cannot exceed the duration of the marriage and is intended to provide economic assistance for a limited time.

Periodic Alimony

Lump-Sum Alimony

Definition : Lump-sum alimony is a fixed total amount set to be paid by a certain deadline.
Usage : It’s often used when regular payment is impractical or if the parties prefer a clean financial break.

Learn More About Alimony with FBA Law

As we conclude our comprehensive guide on alimony, it’s evident that the complexities of spousal support involve careful consideration of various factors, including financial circumstances, types of alimony, and individual state laws. This guide provides a foundational understanding, but every situation is unique, and the nuances can be significant.

For those seeking more in-depth information, personalized advice, or specific answers related to their circumstances, our website is an invaluable resource.

Whether you are contemplating divorce, currently navigating a contested divorce , or seeking modifications to existing alimony arrangements, our website serves as a gateway to professional guidance and support. Delve into our extensive resources, read about relevant case studies, and consider scheduling a consultation with our experienced attorneys for tailored advice.

What is alimony?

Annulment

Tue, 07 Oct 2025 21:04:38 GMT

Brief Overview of Grounds for Annulment

Grounds for annulment vary by jurisdiction but commonly include:

Legal Process and Duration of Annulments

The process of obtaining an annulment varies depending on the legal jurisdiction, but generally follows these steps:

Typical Time Frame and Factors Affecting the Duration

Many factors can influence the duration of an annulment case. Here are some of the common factors:

Marriage Certificate: To prove the existence of the marriage.
Evidence Supporting Grounds for Annulment: Such as affidavits, psychological reports, or financial records.
Financial Documents: For cases involving fraud to support the annulment request.

Legal and Financial Implications of Annulment

Assets and Debts : Unlike divorce, where assets and debts are typically divided equitably, an annulment may result in each party retaining the assets and debts they brought into the marriage, as the marriage is deemed to have never legally existed.
Spousal Support : Alimony is generally not awarded in annulment cases, since the marriage is considered null. However, exceptions might exist depending on the jurisdiction and the specific circumstances of the case.

Implications of Child Custody and Support

Even though an annulled marriage is considered null, any children born during the time of the purported marriage may still be considered legitimate:

What is an Annulment?

Key Differences Between Annulment and Divorce

Brief Overview of Grounds for Annulment

Legal Process and Duration of Annulments

Typical Time Frame and Factors Affecting the Duration

Required Documentation and Legal Proceedings

Legal and Financial Implications of Annulment

Implications of Child Custody and Support

Financial Settlements and Comparison with Divorce

Common Misconceptions and Seeking Legal Assistance

Guidance on Seeking Legal Help and Representation

Choose FBA Law for Your Annulment Case

An annulment is a legal decree that a marriage is null and void. Unlike divorce, which ends a legally valid marriage, annulment implies that the marriage was never legally valid to begin with. This can be due to various reasons that violate the legal requirements of marriage. Essentially, an annulment treats the marriage as if it never happened.

The primary difference between annulment and divorce is the legal recognition of the marriage. Any type of divorce, such as a contested divorce, terminates a legally recognized marriage, acknowledging that it was valid until the divorce. An annulment, however, declares the marriage null from its inception, as if it never legally existed.

Legal Status : Post-annulment, the parties are considered never to have been legally married, while after a divorce, they are recognized as having been previously married.
Time Frame : Annulments typically deal with marriages of a short duration, while divorces can occur after any length of marriage.
Children and Property : Issues of child custody, support, and property division can be more straightforward in annulments, as the marriage is considered never to have existed.

Incapacity or Inability to Consent: If one party was mentally incapacitated or under the influence of substances, rendering them unable to consent.
Fraud or Misrepresentation: If one party was deceived about significant aspects of the other party or the marriage.
Underage Marriage: If one or both parties were under the legal age for marriage without proper parental or court consent.
Bigamy: If one party was already legally married to someone else.
Incest: Marriages between closely related individuals, which are illegal in most places.
Duress: If one party was forced or threatened into the marriage.

The financial settlements in annulment cases can differ from those in divorce:

Financial Settlements and Comparison with Divorce

Guidance on Seeking Legal Help and Representation

For individuals considering an annulment, it is crucial to seek professional legal advice. A legal expert can provide invaluable guidance on understanding the specific legal requirements and grounds for annulment within your jurisdiction. They can also assist in navigating the complexities of the legal process involved in filing and obtaining an annulment. This includes ensuring that all legal procedures are correctly followed and that the individual’s rights and interests are adequately represented.

Choose FBA Law for Your Annulment Case

FBA Law offers a range of services to assist those contemplating annulment. We provide initial consultations to discuss the specifics of each case, helping to determine whether annulment is the most suitable course of action. Our experienced Georiga family attorneys at FBA Law can offer legal representation, ensuring the effective presentation of the case in court. Additionally, we provide ongoing advice and support throughout the annulment process, addressing any concerns or questions that may arise, thereby ensuring that our clients are well informed and supported at every step.

Key Differences Between Annulment and Divorce

Filing a Petition : The first step involves filing a petition for annulment in the appropriate court. This document typically requires details about the marriage, the grounds for annulment, and any requested relief.
Serving the Papers : After filing, the petitioner must serve the annulment papers to the other party, adhering to the legal requirements for notification.
Response by the Other Party : The other party has the opportunity to respond to the petition, either agreeing with or contesting the annulment.
Court Hearings : If the annulment is contested or if there are complex issues to resolve, the court scheduled hearings. During these, both parties present evidence and arguments.
Judge’s Decision : After considering all the evidence, the judge makes a decision. If the judge grants the annulment, they issue an annulment decree, legally nullifying the marriage.

Uncontested Cases : These can be relatively quick, and often resolved within a few months.
Contested Cases : If the annulment is contested or involves complex issues, it can take a year or more.

Factors influencing the duration include:

Jurisdiction : Legal processes and timelines can vary significantly by location.
Complexity of the Case : The presence of children, substantial assets, or disagreement between parties can prolong the process.
Court Scheduling and Delays : Availability of court dates and administrative delays can also impact the timeline.

Required Documentation and Legal Proceedings

An annulment can have significant legal and financial consequences for both parties involved:

Child Custody : Custody decisions are made in the best interest of the child, similar to divorce proceedings. The court will consider factors such as the child’s age, parental bonds, and each parent’s ability to provide care.
Child Support : Parents are still obligated to financially support their children. Child support is determined using the state’s guidelines, which consider income, the number of children, and other relevant factors.

Property Division : In divorce, the division of property considers the length of the marriage and the contributions of each spouse. In annulment cases, since the marriage is viewed as invalid, property and assets are typically not divided, and each party walks away with what they originally brought into the marriage.
Retirement Benefits and Inheritances : Rights to retirement benefits and inheritances that would typically arise in a marriage may not be applicable in an annulment.

What is an annulment?

Child Support

Mon, 06 Oct 2025 21:13:03 GMT

Key Components of Child Support

Parents bear both legal and financial responsibilities for their children. Legally, they are obligated to provide financial support, and this obligation is usually formalized through court orders. A child support obligation entails contributing to the costs associated with raising a child, encompassing essentials such as food, shelter, education, and healthcare.

Financial Support

Determining Financial Support: Financial support is typically determined based on the incomes of both parents. This includes various sources of income, such as wages, bonuses, rental income, self employment income and certain benefits. Income may also be imputed by the Court when a parent is unemployed or is underemployed.

Legal Aspects

Legal Framework: Child support operates within a legal framework that varies by jurisdiction. Family courts often use guidelines to determine the amount of support owed based on factors like income and custody arrangements. These legal parameters aim to ensure consistency and fairness in child support determinations.

Custodial Arrangements: While child support is an applicable area in all matters involving minor children, most people thing of child support in situations where one parent has primary custody or is considered the custodial parent, with the noncustodial parent being responsible for making child support payments. However, child support is still applicable in cases where parents share in 50-50 legal custody, depending upon the financial situation of each parent. Likewise, depending upon the parenting schedule and financial situation of each party, there are rare occasions when a custodial parent may be required to pay child support to a non-custodial parent.
Legal Parenthood: Legal parenthood, often established through marriage or legal acknowledgment, is a foundational aspect. In cases of adoption or surrogacy, the legal obligations regarding child support may differ.
Age and School Attendance of the Child: While this concept may vary by State, in Georgia, a child is eligible to receive child support until such time as the child reaches the age of 18 years, dies, marries, enters the armed forces, or otherwise becomes emancipated. However, under Georgia law, if a child reaches the age of 18 years while still enrolled and attending high school, then child support continues until the child graduates, not to exceed age 20.

Situations Where Child Support May Be Zero:

Joint Custody with Equal Time : In cases of joint custody where both parents share equal time and responsibilities, the need for one parent to pay child support may be reduced or eliminated. If parents are similarly financially situated, the parties may not be required to pay child support to each other.
Emancipated Children : If a child is legally emancipated, meaning they are recognized as financially independent adult or have reached the age of majority, child support is no longer applicable as they are now considered an adult.
Agreements Outside the Court : Some parents may opt for informal agreements regarding financial support without involving the court. In such cases, it’s crucial to have a clear understanding of the terms to avoid potential issues in the future. However, it should be noted that these outside agreements are not enforceable with the Court. Only Agreements and Orders approved, filed, and signed by the Court are legally enforceable related to child support.

At FBA Law, our dedicated team of family law experts is committed to providing comprehensive guidance on child support matters. Whether you are seeking clarity on the legal obligations surrounding child support, exploring the intricacies of financial responsibilities, or understanding the eligibility criteria, our seasoned professionals are here to assist you. We recognize that each family situation is unique, and our expertise allows us to tailor our approach to meet your specific needs.

What Is Child Support

Why is understanding child support crucial for parents and families?

Key Components of Child Support

Financial Support

Legal Aspects

Who Qualifies for Child Support?

Criteria for Eligibility

Situations Where Child Support May Be Zero:

Learn More With FBA Law

Child support, a cornerstone in family law, is a legal and financial commitment designed to ensure the well-being and stability of children whose parents are no longer together. At its core, child support is a mechanism that aims to provide for the fundamental needs of children, encompassing financial, medical, and educational support. It is more than a legal requirement; it is a fundamental aspect of responsible parenting and societal welfare.

Understanding Georgia child support goes beyond mere legal obligation; it is a commitment to the welfare of the next generation. As families navigate the challenges of separation, divorce, or co-parenting arrangements, a clear comprehension of child support ensures that children continue to receive the care and resources they need to thrive.

Why is understanding child support crucial for parents and families?

Factors Influencing Calculation: The calculation of child support payments takes into account several factors. These may include the number of children, the parenting schedule, the financial situation of each parent, the special needs of the child, childcare costs, and any extraordinary medical or educational expenses. Understanding these factors is crucial for parents to anticipate the financial expectations associated with child support.

By exploring these key components, parents can gain a deeper understanding of the intricacies involved in child support, empowering them to navigate this aspect of family law with greater clarity and responsibility.

Who Qualifies for Child Support?

While child support is a common aspect of family law, there are situations where it may not be specifically awarded or where child support may be zero:

Enforcement by the Legal System: The legal system plays a vital role in enforcing child support orders. Failure to comply with these orders can result in legal consequences, including wage garnishment, property liens, suspension of a parent’s driver’s license, or even imprisonment in extreme cases. Understanding child support enforcement mechanisms emphasizes the seriousness of the legal obligation tied to child support.

Understanding the criteria for eligibility and recognizing situations where child support may not apply ensures that the legal and financial responsibilities are appropriately assigned, contributing to the overall well-being of the children involved. As we navigate this aspect of family law, it becomes evident that the nuances of child support require careful consideration to ensure fairness and adequacy in supporting children’s needs.

Learn More With FBA Law

With a wealth of experience in family law, FBA Law is your partner in navigating the legal landscape of child support, ensuring that you are well-informed and empowered to make decisions that prioritize the well-being of your children. Trust FBA Law to guide you through the complexities of child support, offering reliable advice and advocacy to secure the best possible outcome for your family.

What is child support?

Child Support Enforcement

Sun, 05 Oct 2025 21:16:02 GMT

Key Components of Child Support

The importance of child support extends beyond financial considerations. It contributes to the emotional and psychological stability of children by providing a sense of security and support. In many cases, it enables custodial parents to maintain a consistent and nurturing environment, fostering the overall well-being of the child.

Obligations of the Non-Custodial Parent

The non-custodial parent has the legal and moral responsibility to provide financial support for their child. This obligation is typically determined through the legal process, resulting in a child support order. The non-custodial parent is obligated to make timely and complete payments as outlined in the order. Failure to meet these obligations can lead to legal consequences.

The state plays a crucial role in child support enforcement by overseeing the legal processes and providing administrative support. State agencies are responsible for the establishment, modification, and enforcement of child support orders. They act as intermediaries, working with both parents to ensure the best interests of the child are upheld. States also have the authority to implement enforcement mechanisms to secure compliance with child support orders.

Child support enforcement becomes necessary due to the potential negative consequences associated with non-compliance. When noncustodial parents fail to meet their child support obligations on a regular basis, it can create financial strain for custodial parents, leading to an insufficient funding of essential needs for the child.

Legal Process

Discover the critical aspects of child support enforcement with FBA Law’s expert legal guidance. Our team navigates the complexities of parental responsibilities, legal processes, and enforcement mechanisms. Whether you’re a custodial or non-custodial parent, understanding the legal landscape of Georgia child support is crucial. Contact FBA Law for compassionate and expert advice on child support enforcement, ensuring the best outcomes for you and your child. Your child’s financial security matters – let FBA Law guide you through the legal intricacies with care and expertise.

What Is Child Support Enforcement

Importance of Child Support

Obligations of the Non-Custodial Parent

Rights of the Custodial Parent

Role of the State

Consequences of Non-Compliance

How Does Child Support Enforcement Work?

Legal Process

Enforcement Mechanisms

Learn About Child

Support Enforcement With FBA Law

Child support enforcement refers to the system and set of mechanisms established by government authorities to secure the financial support owed by noncustodial parents for the care and upbringing of their children. This support typically includes monetary contributions to cover expenses such as education, healthcare, and basic living needs.

Child support is fundamental to the well-being and development of children. It ensures that they have access to the resources necessary for a healthy and fulfilling life, encompassing education, healthcare, and basic living needs. By enforcing child support, the system aims to secure the financial contributions essential for a child’s upbringing, irrespective of the parents’ relationship status.

Importance of Child Support

How Does Child Support Enforcement Work?

The legal process of child support enforcement typically begins with the establishment of paternity or legal rights of parenthood, and the determination of child support obligations. This involves filing a case with the appropriate court or administrative agency. The court considers factors such as the income of both parents, the child’s needs, and any existing custody arrangements.

Learn About Child Support Enforcement With FBA Law

Child support enforcement aims to guarantee that noncustodial parents fulfill their legal obligation to financially support their children, irrespective of the parents’ marital or relationship status. The enforcement process varies by jurisdiction, but it commonly involves the collection, disbursement, and monitoring of child support payments.

Custodial parents have the right to seek child support to assist in covering the costs associated with raising their child. They also have the right to enforcement actions if the non-custodial parent fails to meet their financial obligations. Custodial parents can work with child support enforcement agencies to establish, modify, and enforce child support orders. Additionally, they have the right to request reviews and adjustments based on changes in circumstances, such as alterations in income of the parties or in the child’s needs.

Role of the State

Consequences of Non-Compliance

Non-compliance can result in legal consequences for the noncustodial parent. This may include fines, wage garnishment, suspension of driver’s licenses, or even imprisonment in extreme cases. These consequences serve as a deterrent, encouraging parents to fulfill their financial responsibilities and reinforcing the legal and moral obligation to support their children.

Understanding the operational aspects of Child Support Enforcement involves examining the legal processes, government agencies involved, and the diverse enforcement mechanisms employed to ensure compliance with child support orders.

Once the child support order is in place, the legal process continues through the monitoring and enforcement of payments. It may include periodic reviews and adjustments to accommodate changes in the financial circumstances of either parent. Legal avenues are available to both custodial and noncustodial parents to request modifications or address concerns about the enforcement process.

Enforcement mechanisms are diverse tools employed to ensure compliance with child support orders. Common methods include:

Enforcement Mechanisms

Income Withholding: This involves deducting child support payments directly from the noncustodial parent’s wages.
Liens and Levies: The placement of liens on property or the seizure of assets can be used to collect overdue child support payments. This may also includes seizing a parent’s tax refund or stimulus payments authorized by the government and rerouting those to the other parent to satisfy the child support obligation.
Suspension of Licenses: Noncompliance may result in the suspension of various licenses, such as driver’s licenses or professional licenses.
Credit Reporting: Reporting delinquent child support payments to credit bureaus can impact the noncustodial parent’s credit score.
Contempt of Court: Legal action, including contempt of court charges, may be pursued for persistent non-compliance.
Passport Denial: The denial or revocation of passports can be employed to encourage compliance with child support obligations.

Understanding these enforcement mechanisms highlights the proactive approach taken by Child Support Enforcement to ensure that financial support is consistently provided for the well-being of the child.

What is child support enforcement?

Contested Divorce

Fri, 03 Oct 2025 21:35:57 GMT

Legal Process of Contested Divorce

The duration and cost of a contested divorce in Georgia can vary widely, typically taking six months to over a year, with costs ranging significantly depending on the case complexity and the cooperation level of all parties and counsels involved.

Impact of Contested Divorce on Children and Asset Division

Valuing Property : Valuing assets like real estate, art, jewelry, and collectibles involves considering factors like market value, condition, rarity, and provenance. Consulting experts like appraisers and financial advisors can be essential in this process.
Marital vs. Separate Assets and Debts : Distinguishing between marital and separate assets and debts is crucial for equitable allocation. Pre-nuptial agreements and legal advice can help navigate complex financial situations.
Joint Loans and Shared Financial Obligations : Handling joint loans and shared obligations, such as a mortgage, requires a plan to manage them post-divorce. Refinancing or transferring loans into individual names might be necessary.
 Credit Card Debts and Loans : Addressing credit card debts involves determining the responsible party for each debt and developing a repayment plan that considers both parties’ financial capabilities.

Contested divorces can involve lengthy legal proceedings, significant emotional and financial strains, and uncertainty about outcomes. Legal complexity, evidence gathering, and the public nature of court proceedings add to the challenges.

What is Contested Divorce

Common Grounds for a

Contested Divorce

Legal Process of Contested Divorce

Impact of Contested Divorce on Children and Asset Division

Impact on Children

Division of Assets and Debts

Challenges of Contested Divorces

How FBA Law Can Assist in Contested Divorces

A contested divorce is a legal process where the divorcing spouses cannot come to a divorce settlement agreement. This disagreement often centers around issues like child custody, the division of marital assets and debts, child support, alimony, or even the grounds for the divorce itself. In such cases, the court becomes involved in deciding these matters.

The common grounds for a divorce vary depending on jurisdiction, but they generally include several key issues that can be significant enough to warrant a legal dispute between spouses. These grounds are the legal reasons presented to the court for seeking a divorce, and they typically include:

Common Grounds for a Contested Divorce

How FBA Law Can Assist in Contested Divorces

In a contested divorce, both parties often have their respective attorneys to represent their interests. The process typically starts with negotiations, often with the help of attorneys, to try to reach a mutually satisfactory settlement that meets the legal requirements of the law. If a settlement can’t be reached, and all of the courts pretrial requirements, such as mediation, have been completed, the case then proceeds to trial. During the trial, each party presents their arguments and evidence before a judge, who ultimately decides the terms of the divorce. This judgment includes decisions on custody arrangements, property, and asset division, as well as spousal and child support.

The legal process of a contested divorce varies from state to state. In Georgia, there are several steps involved from the initial filing to the final court judgment. Here’s an overview:

Challenges of Contested Divorces

It’s crucial to navigate these aspects of a contested divorce with legal counsel’s help to ensure a fair outcome and to mitigate the emotional impact on all involved, especially children. The complexities of asset division, particularly in cases of long marriages or significant disparities in income, underline the importance of expert guidance and careful planning.

In contested divorces, where complexities and emotional challenges are at the forefront, FBA Law stands as a beacon of guidance and support. Our experienced attorneys adeptly navigate the intricate legalities of contested divorces, offering expert representation in both court proceedings and the division of property. Recognizing the profound impact these proceedings can have on children, FBA Law prioritizes their well-being, striving for fair custody and support arrangements that reflect the best interests of the children involved.

The financial and emotional costs of a contested divorce can be significantly higher than those of an uncontested divorce. This is due to the extended legal process, which can include hiring attorneys, financial advisors, child custody evaluators, and potentially engaging in a trial.

Adultery : This involves a spouse having an extramarital affair. It’s often cited as a ground for divorce and can be a significant point of contention in the divorce process.
Abandonment : This occurs when one spouse leaves the marital home for an extended period without any intention of returning, typically for at least a year, without a valid reason.
Incarceration : If a spouse is convicted of a crime of moral turpitude (i.e., murder, kidnapping, drug trafficking, etc.) and incarcerated for a period of more than two years, it can be used as a basis for filing for divorce.
Mental Illness : Certain incurable mental illnesses, present for a specified length of time, can be grounds for divorce. The specifics can vary based on jurisdiction.
Substance Abuse : Addiction to alcohol or drugs, especially if it began after marriage or has continued for a significant period, can be cited in fault-based divorces.
Cruelty : This includes physical, mental, or emotional abuse by one partner against the other, ranging from threats and humiliation to neglect and abandonment or crimes of domestic violence.
Desertion : This involves one partner leaving the marital home for at least two years without any intention to return or remain in the marriage.

These grounds for divorce highlight the complexities and varied nature of issues that can lead to a contested divorce. Each case is unique, and the specific grounds cited will depend on the individual circumstances of the marriage and the laws of the jurisdiction where the divorce is filed.

Filing for Divorce : The process starts with one spouse filing a complaint for divorce in the Superior Court of their county or their spouse’s county if they have been a resident for at least six months.
Serving Papers : The other spouse must be served with the divorce complaint, either through executing an acknowledgment form or via a sheriff or private process server.
Response Period : The served spouse has 30 days to respond to the divorce petition from the date they are served.
Discovery Phase : Both parties exchange relevant information and documents, crucial for issues like property division and child support.
Mediation and Negotiation : Before going to trial, the Court requires the parties to attend mediation to attempt to resolve all issues without the need for a full trial. Mediation involves a neutral third party who assists the parties and their counsels in reaching the agreement. If no agreement is reached at mediation, continued negotiations may happen prior to trial.
Trial : If mediation fails, the case goes to trial, where a judge decides on unresolved matters.
Final Decree : After the trial, the court issues a final divorce decree, outlining the divorce terms.
Post-Trial Actions : Parties can file for modifications or enforcement of the decree if circumstances change or if compliance issues arise.

In a contested divorce the impact on children and the division of assets and debts can be significant and complex.

Impact on Children

Emotional Stress : The adversarial nature of contested divorces can be emotionally taxing for everyone involved, including children. The process can exacerbate conflict, leading to high levels of stress and emotional strain. Children may feel unstable or pulled between their loyalty to both parents during this time. It is not uncommon for children to be emotional or act-out during this stressful time while they search for their own security.
Parental Alienation : In some cases, one parent may engage in behaviors that attempt to alienate the child from the other parent, negatively affecting the child’s emotional well-being and the parent-child relationship.
Noncompliance with Court Orders : Issues can arise when a parent refuses to comply with court-ordered custody and visitation arrangements, leading to conflicts and potential legal actions to enforce these orders.

Division of Assets and Debts

FBA Law’s proficiency extends to the equitable division of marital assets and debts, ensuring a fair distribution that accounts for the financial future of our clients. This includes handling everything from real estate to complex financial portfolios. In matters of spousal support, FBA Law provides strategic counsel, considering various factors such as income disparity, standard of living during the marriage, and the duration of the union.

What is contested divorce?

Custody Hearing

Thu, 02 Oct 2025 15:07:30 GMT

What Is a Custody Hearing?

Why are Custody Hearings Necessary?
Who is Involved in a Custody Hearing?

What Factors are Considered in Custody Decisions?

Legal Criteria for Custody Determination
The Best Interests of the Child
Consideration of Parental Rights and Responsibilities

What Types of Custody

Arrangements Can Result from a Hearing?

Sole Custody vs. Joint Custody
Physical vs. Legal Custody
Temporary vs. Permanent Custody

How Can Custody Hearings Affect Child Support and Visitation

Relationship Between Custody and Child Support
Impact on Visitation Rights and Schedules

Learn How FBA Law Can Guide You Through Your Custody Hearing

Custody hearings are legal proceedings where a court determines the custodial rights and parenting time related to a child following a divorce or separation. These hearings decide who will be responsible for the child’s care and upbringing, encompassing both physical and legal custody aspects.

Custody hearings become necessary when parents or non-parent custodians cannot amicably decide on the child’s living arrangements and care post-separation. They ensure that the child’s welfare is prioritized in the absence of mutual agreement. These hearings legally bind the parents or guardians to adhere to the court’s decision regarding the child’s upbringing, impacting family dynamics and responsibilities.

Why are Custody Hearings Necessary?

What Is a Custody Hearing?

What Factors are Considered in Custody Decisions?

In making custody determinations, courts take into account several legal criteria. These include evaluating each parent’s ability to provide for the child’s physical and emotional needs, assessing the child’s unique circumstances and requirements, and considering any history of abuse or neglect that may impact the child’s well-being.

The Best Interests of the Child

The child’s best interests should always be the primary concern and the court is required to make all custody determinations in the best interest of the child. This encompasses not only their emotional, educational, and physical well-being but also their overall development, social interactions, and nurturing of their talents and abilities. Ensuring a nurturing and supportive environment that fosters growth and provides opportunities for exploration and learning is crucial in promoting their holistic development and shaping a bright future for them.

Consideration of Parental Rights and Responsibilities

Who is Involved in a Custody Hearing?

What Types of Custody Arrangements Can Result from a Hearing?

The Role of Parents or Guardians: Parents or non-parent custodians are the primary participants. Their arguments, preferences, and circumstances heavily influence the court’s decision.
Involvement of Children: In some cases, children may also play a role, especially if they are of an age to express their preferences. However, the Court prefers to not involve children directly in any aspect of the litigation, if possible.
Legal Representatives and the Judiciary: Legal representatives advocate for each party’s interests, while judges make the final decision based on presented evidence and legal standards. This includes counsels for each involved party, and may also include a Guardian Ad Litem, who is an attorney appointed to represent the best interest of a child. A Guardian Ad Litem is not automatic and a request may be made for one to be appointed in contested cases.

Legal Criteria for Custody Determination

The court also carefully considers and evaluates parental rights and responsibilities, taking into account various factors such as the ability and willingness of each parent to provide a safe and nurturing environment, and the child’s emotional and physical well-being.

Sole Custody vs. Joint Custody

Sole custody grants one parent full responsibility for making important decisions and caring for the child’s well-being, while joint custody involves shared responsibilities and active participation from both parents in raising and nurturing the child. This arrangement promotes collaboration and ensures that both parents have a voice in shaping their child’s future.

Physical vs. Legal Custody

Physical custody refers to the primary residence of the child, where they live on a day-to-day basis. It involves providing a nurturing and stable environment for the child’s well-being. On the other hand, legal custody encompasses the authority to make important decisions regarding the child’s education, healthcare, and overall welfare. This includes choices such as selecting schools, medical treatments, and determining the child’s upbringing based on their unique needs and circumstances.

Temporary vs. Permanent Custody

Temporary custody refers to a limited duration, typically granted while awaiting further evaluation and assessment. Conversely, permanent custody entails long-term stability, providing a lasting arrangement for all parties involved.

How Can Custody Hearings Affect Child Support and Visitation

Relationship Between Custody and Child Support

In general, non-custodial parents, who do not have primary physical custody of the child, are usually responsible for providing financial support to ensure the well-being and upbringing of their children. This financial support can encompass various expenses, such as education, healthcare, extracurricular activities, and basic living costs. By considering the custody arrangement, courts aim to establish a fair and equitable system that prioritizes the best interests of the child while ensuring that both parents contribute to their child’s financial needs.

Impact on Visitation Rights and Schedules

Custody decisions play a crucial role in determining visitation schedules, which are designed to prioritize the maintenance of a meaningful parent-child relationship. These schedules are carefully crafted to ensure that both parents have ample opportunities to spend quality time with the child, fostering a sense of love, support, and connection. By considering the unique needs and circumstances of each family, custody decisions strive to create a nurturing environment where the child can thrive and feel loved by both parents.

Learn How FBA Law Can Guide You Through Your Custody Hearing

Our experienced attorneys understand the intricacies of family law and are committed to advocating for your and your child’s best interests. We provide personalized guidance, from preparing documentation to representing you in court, ensuring you are well-equipped to navigate this challenging journey.

Custody hearings are a pivotal element of family law, deeply affecting the lives of those involved. Understanding their nature, implications, and how to prepare is crucial for any parent or guardian facing this situation. With the right support and information, such as that provided by FBA Law, you can approach these hearings with confidence and clarity, prioritizing the well-being and future of your child.

Custody

Wed, 01 Oct 2025 15:31:44 GMT

What is Custody?

How is Custody Determined in a Divorce

Key Factors Considered by Georgia Courts
Determining Custody in Uncontested Divorce
Modification of Custody Orders

Rights and Responsibilities of a Custodial Parent

Rights and Responsibilities of a Parent
Role of FBA Law

Custody in the legal context regarding divorce and children, refers to the rights and responsibilities a parent or non-parent custodian has towards a child. It encompasses several aspects including child support enforcement, paternity, and two primary aspects: physical custody and legal custody.

Why are Custody Hearings Necessary?

What is Custody?

Physical Custody : This refers to where the child lives and the day-to-day care provided to them. When a parent is granted primary physical custody, it means that the child will primarily reside with that parent and exercise in a schedule of parenting time with the other parent. Joint physical custody, on the other hand, means that the child’s time is split between both parents’ homes more equally, often in a way that ensures the child has significant periods with each parent.
Legal Custody : This pertains to the right to make major decisions about the child’s life. These decisions can include education, health care, religious upbringing, and extracurricular activities. Legal custody can be either sole or joint. Sole legal custody grants one parent the exclusive right to make all major decisions about the child’s life, while joint legal custody involves both parents in these decision-making processes. In most cases, parents will have joint legal custody.

In the context of divorce, determining custody is a critical issue. The primary consideration is always the best interest of the child, which includes factors like the child’s age, emotional and physical needs, the parental bond, and each parent’s ability to provide for the child. The goal is to ensure a stable, loving, and nurturing environment for the child post-divorce.

How is Custody Determined in a Divorce

In Georgia, when determining custody during a divorce, the primary focus is on the best interests of the child. The court considers several factors to ensure that the custody arrangement promotes the child’s welfare and happiness.

Key Factors Considered by Georgia Courts

Parents’ Relationship with the Child : The court looks at the emotional bonds and ties between each parent and the child.
Child’s Sibling Relationships : Importance is given to the child’s relationship with siblings or step-siblings and their residence.
Parents’ Ability to Provide Upbringing and Education : The capacity of each parent to offer a harmonious upbringing and appropriate education is assessed.
Provision of Basic Needs : The ability of each parent to provide necessities like food, clothing, and medical care is evaluated.
Safety and Stability of Home Environment : The court examines the safety and stability of each parent’s home environment.
Mental and Physical Health of Parents : The mental and physical well-being of each parent is a significant factor.
Employment Schedules of Parents : The court considers each parent’s work schedule and its flexibility or limitations in caring for the child.
Past and Future Parenting Performance : Assessment of each parent’s past performance and future potential in fulfilling parenting responsibilities.
History of Abuse, Neglect, or Substance Abuse : Any evidence of family violence, abuse, neglect, or substance abuse by either parent is taken into account.
Recommendations by Professionals : Inputs from court-appointed custody evaluators or Guardian Ad Litem are considered.

If a divorce is uncontested, this means that the parties have agreed to all items at issue in the divorce, including agreeing on a parenting plan that includes both custody and visitation schedules. Before finalizing the custody arrangements, parents must attend a seminar focused on assisting their children through the changing family dynamics.

Modification of Custody Orders

Determining Custody in Uncontested Divorce

Custody orders in Georgia can be modified if there are significant changes in circumstances, like a change in a parent’s financial situation, relocation, or changes in the child’s needs. Parents can also seek to modify visitation schedules, generally once every two years, without stating specific changes in circumstances.

Rights and Responsibilities of a Custodial Parent

The rights and responsibilities of a custodial parent in Georgia are multifaceted, primarily focusing on providing a stable, nurturing environment for the child and making significant life decisions. FBA Law can assist in understanding and navigating these responsibilities effectively.

Rights and Responsibilities of a Parent

Decision-Making Power : In most cases, both parents have the right and responsibility to jointly discuss and confer about crucial decisions regarding the child’s upbringing. This includes decisions about education, healthcare, religion, and extracurricular activities. However, in all legal custody matters, the Court (or the parties, by agreement) will name which party is considered the Final Decision-Maker over the specific issues in the event the parties cannot come to a consensus.
Physical Custody and Daily Care : Each party is responsible for the day-to-day care of the child while the child is in that parent’s care. This includes providing food, shelter, and clothing. In cases where one parent has primary physical custody, the custodial parent is likely to carry the lionshare of these duties by the simple fact that the child spends more time in that parent’s care.
Financial Responsibilities : The custodial parent must cater to the child’s financial needs, which may be supported by child support payments from the non-custodial parent. This responsibility includes ensuring the child’s basic needs and educational and healthcare expenses are met.
Fostering Relationships : The custodial parent must encourage and facilitate a positive relationship between the child and the non-custodial parent. This includes adhering to visitation schedules and co-parenting effectively to serve the best interests of the child.
Access to Private Information : The custodial parent has the right to access important information about the child, such as educational records and medical information. In certain cases, both parents might have access to this information, depending on the custody arrangement.
Legal Processes and Modifications : Custodial parents must comply with legal processes and court orders. If circumstances change significantly, the custodial parent may seek to modify the custody arrangement, but this must be done through proper legal channels.

How is Custody Determined in a Divorce

Key Factors Considered by Georgia Courts

Parents’ Relationship with the Child : The court looks at the emotional bonds and ties between each parent and the child.
Child’s Sibling Relationships : Importance is given to the child’s relationship with siblings or step-siblings and their residence.
Parents’ Ability to Provide Upbringing and Education : The capacity of each parent to offer a harmonious upbringing and appropriate education is assessed.
Provision of Basic Needs : The ability of each parent to provide necessities like food, clothing, and medical care is evaluated.
Safety and Stability of Home Environment : The court examines the safety and stability of each parent’s home environment.
Mental and Physical Health of Parents : The mental and physical well-being of each parent is a significant factor.
Employment Schedules of Parents : The court considers each parent’s work schedule and its flexibility or limitations in caring for the child.
Past and Future Parenting Performance : Assessment of each parent’s past performance and future potential in fulfilling parenting responsibilities.
History of Abuse, Neglect, or Substance Abuse : Any evidence of family violence, abuse, neglect, or substance abuse by either parent is taken into account.
Recommendations by Professionals : Inputs from court-appointed custody evaluators or Guardian Ad Litem are considered.

Determining Custody in Uncontested Divorce

Modification of Custody Orders

Rights and Responsibilities of a Custodial Parent

Rights and Responsibilities of a Parent

Decision-Making Power : In most cases, both parents have the right and responsibility to jointly discuss and confer about crucial decisions regarding the child’s upbringing. This includes decisions about education, healthcare, religion, and extracurricular activities. However, in all legal custody matters, the Court (or the parties, by agreement) will name which party is considered the Final Decision-Maker over the specific issues in the event the parties cannot come to a consensus.
Physical Custody and Daily Care : Each party is responsible for the day-to-day care of the child while the child is in that parent’s care. This includes providing food, shelter, and clothing. In cases where one parent has primary physical custody, the custodial parent is likely to carry the lionshare of these duties by the simple fact that the child spends more time in that parent’s care.
Financial Responsibilities : The custodial parent must cater to the child’s financial needs, which may be supported by child support payments from the non-custodial parent. This responsibility includes ensuring the child’s basic needs and educational and healthcare expenses are met.
Fostering Relationships : The custodial parent must encourage and facilitate a positive relationship between the child and the non-custodial parent. This includes adhering to visitation schedules and co-parenting effectively to serve the best interests of the child.
Access to Private Information : The custodial parent has the right to access important information about the child, such as educational records and medical information. In certain cases, both parents might have access to this information, depending on the custody arrangement.
Legal Processes and Modifications : Custodial parents must comply with legal processes and court orders. If circumstances change significantly, the custodial parent may seek to modify the custody arrangement, but this must be done through proper legal channels.

Role of FBA Law

FBA Law can provide valuable assistance in various aspects of child custody, including legal guidance, offering expert advice and representation in a custody hearing related legal matters, and ensuring that the rights and responsibilities of the custodial parent are clearly understood and effectively managed. We also assist in negotiation and mediation, focusing on achieving outcomes that serve the child’s best interests, planning a custody outline that lists the specifics of custody, visitation, and parental responsibilities, as well as representing the custodial parent in court proceedings if disagreements or disputes arise regarding custody arrangements.

Division of Debt

Tue, 30 Sep 2025 15:42:16 GMT

What Is the Division of Debt?

The division of debt refers to the process of allocating financial liabilities between parties, typically in the context of a divorce. This involves determining who is responsible for debts accumulated during the marriage. In family law, the division of debt is as important as the division of assets. It ensures that financial responsibilities are fairly distributed, preventing one party from being unfairly burdened with debts incurred during the marriage.

Why is Division of Debt Important in Family Law?

Role in Divorce Proceedings: During divorce proceedings, the division of debt is a critical issue. It can influence other aspects of the settlement, including alimony and property division. A fair division of debt is essential for an equitable resolution.
Impact on Financial Stability Post-Divorce: The way debts are divided can significantly affect each individual’s financial stability after divorce. An equitable division helps ensure that both parties can move forward with a degree of financial security.

How is Debt Categorized in Family Law?

Marital vs. Non-Marital Debt

Debts in a legal context are typically categorized as either marital or nonmarital. Marital debts encompass those incurred during a marriage, such as joint loans or credit card debt accumulated by both spouses. On the other hand, non-marital debts refer to financial obligations that were acquired before the marriage or after the separation of the couple. These could include student loans, personal debts, or any other financial liabilities that are solely attributed to one spouse.

Common Types of Debts Considered

Determining which category debts fall into is a crucial step in the division process, as it helps individuals assess their financial obligations and develop effective strategies for managing and paying off their debts. Common types of debts include:

Credit card debts: which are accrued through the use of credit cards for purchases and payments.
Mortgages: Long-term loans used to finance the purchase of real estate properties.
Car loans: Loans taken out to purchase vehicles.
Personal loans: Unsecured loans that can be used for various purposes.

How is Debt Divided in a Divorce?

The division of debt in divorce varies by jurisdiction. In equitable division states, such as Georgia, debts are divided fairly, taking into account factors such as each spouse’s income, financial contributions, and the duration of the marriage. While the division may not always be equal, the goal is to achieve a fair outcome.

What Happens to Joint Debts After Divorce?

Responsibility for Joint Debts

Regardless of which party incurred the debts, both individuals may be held responsible for them. By clearly outlining the division of these financial obligations, you can ensure a smoother transition and minimize the risk of future disputes or financial entanglements. Taking the time to address these matters comprehensively can provide peace of mind and protect your interests in the long run.

Dealing with Creditors and Credit Scores

Divorce agreements, although legally binding between the parties involved, do not bind creditors. It is important to note that if a joint debt is left unpaid, it can have a detrimental effect on both parties’ credit scores, potentially impacting their financial stability in the long run. In such situations, effective and open communication with creditors becomes essential to address any outstanding debts and find mutually agreeable solutions.

How to Negotiate a Fair Division of Debt in Divorce?

Effective negotiation strategies include full disclosure of financial information, understanding each party’s financial needs, and seeking compromise. Mediation can prove to be a valuable tool, providing a neutral and facilitated process that assists in resolving conflicts and reaching satisfactory outcomes for all parties involved.

Strategies for Negotiation

Seeking Legal and Financial Advice

Seeking professional advice from experienced lawyers and knowledgeable financial advisors is crucial. They possess the expertise to provide valuable guidance on legal rights and can assist in formulating a well-crafted strategy that effectively safeguards and preserves one’s financial interests. By leveraging their vast knowledge and insights, individuals can make informed decisions and navigate complex legal and financial landscapes with confidence.

Learn How FBA Law Can Assist You with Division of Debt

The division of debt in family law is a complex but essential process. It requires careful consideration of various factors, including the type of debt, state laws, and individual circumstances of the divorcing couple. Proper handling of this issue is crucial for ensuring a fair and sustainable financial future for both parties post-divorce.

Struggling with the complexities of debt division in your divorce? Let FBA Law guide you through your divorce. Our expert team offers personalized legal solutions to ensure a fair and equitable division of debt. Contact us now for a consultation and take the first step towards financial clarity and peace of mind.

What Is the Division of Debt?

Why is Division of Debt Important in Family Law?
How is Debt Categorized in Family Law?
Marital vs. Non-Marital Debt
Common Types of Debts Considered

How is Debt Divided in a Divorce?

What Happens to Joint Debts After Divorce?

Responsibility for Joint Debts
Dealing with Creditors and Credit Scores

How to Negotiate a Fair Division of Debt in Divorce?

Strategies for Negotiation
Seeking Legal and Financial Advice

Learn How FBA Law Can Assist You with Division of Debt

Division of Property

Mon, 29 Sep 2025 20:36:09 GMT

What Is the Division of Property?

Division of property refers to the process of separating and splitting assets and debts between spouses during a divorce. This involves identifying all marital property accumulated during the marriage and developing a plan to divide it equitably between both parties through divorce court.

How Does Property Division Work?

Asset identification: All assets including real estate, financial accounts, businesses, pensions, personal property, and more are identified. Debts are also identified.
Asset valuation: Each asset and liability is assigned a fair market dollar value. This may require appraisals, financial statements, tax returns, and other documentation.
Classification: Assets and debts are classified as separate or marital property. Separate property is excluded from division.
Distribution: An equitable distribution is proposed, either by agreement or court order if parties cannot agree. The distribution divides all marital property and debts.
Implementation: The division plan is implemented by retitling assets, refinancing loans, filing transfers, dividing payments, etc.

Types of Property

The types of property subject to division during a divorce case can vary depending on jurisdiction, but generally, it includes all assets and debts acquired during the marriage. Here are common categories of property that may be subject to division:

How Can a Divorce Lawyer Help?

Before entering into divorce proceedings, individuals should consult with legal professionals to understand the specific laws in their jurisdiction and to navigate the complexities of property division. An experienced divorce attorney can provide invaluable assistance with property division by:

What Is the Division of Property?

How Does Property Division Work?
Types of Property

How Can a Divorce Lawyer Help?

There are several steps in the property division process:

Real Estate: Homes and other real property that were acquired during the marriage.
Personal Property: Furniture, appliances, electronics, jewelry, and other personal possessions obtained during the marriage.
Financial Assets: Bank accounts, savings, investments, stocks, bonds, and retirement accounts accumulated during the marriage.
Income and Earnings: Income earned by either spouse during the marriage, including salaries, bonuses, and business income.
Business Interests: Ownership interests in businesses or professional practices established or acquired during the marriage.
Pensions and Benefits: Retirement benefits, pensions, 401(k) plans, and other employee benefits accrued during the marriage.
Debts: Liabilities such as mortgages, loans, credit card debt, and other financial obligations incurred during the marriage.
Intellectual Property: Patents, copyrights, trademarks, and other intellectual property developed or acquired during the marriage.
Vehicles: Cars, motorcycles, boats, and other vehicles purchased during the marriage.
Household Debts: Debts related to the maintenance of the household, such as utilities, property taxes, and home improvement loans.
Gifts and Inheritances: Depending on jurisdiction, gifts and inheritances received by one spouse may be considered separate property, but the increase in value during the marriage may be subject to division.

It’s essential to note that the laws governing the division of property vary by jurisdiction, and some jurisdictions may have community property laws, which presume that both spouses equally own all property acquired during the marriage. Others, like Georgia, follow equitable distribution principles, where the goal is a fair and just division of debt and property based on various factors.

Helping locate all marital assets and debts
Determining accurate valuations and classifications
Negotiating a fair property settlement
Drafting a division contract or litigating if no agreement is reached
Overseeing the legal implementation process
Enforcing violations if a spouse does not comply

Divorce Court

Fri, 26 Sep 2025 20:38:34 GMT

What is a Divorce Court?

Divorce court refers to the legal proceedings that dissolve a marriage and settle any related matters such as child custody, visitation, child support, alimony, and division of marital property and debt. Divorce court involves filing the proper paperwork, going through discovery and negotiations, and potentially holding a trial to resolve any contested issues before the marriage can be legally terminated. Divorce court procedures are governed by state laws and held in family court.

Overview of the Divorce Court Process

Filing for Divorce

Serving Your Spouse

After filing, the petition must be properly served to the other spouse along with any temporary orders. This provides legal notice of the proceedings. Your spouse will have a defined period to file a response with their requests.

What is a Divorce Court?

Overview of the Divorce Court

Process

Filing for Divorce

Serving Your Spouse

Going Through Discovery

Divorce Trial

Grounds for Divorce

No-Fault vs Fault Divorce

Common Grounds

Divorce Court Outcomes

Property Division

Spousal Support

Child Custody and Support

The divorce court process follows defined legal steps from filing the initial petition to finalizing the dissolution if a divorce settlement agreement cannot be reached out of court.

The process starts with one spouse filing a summons and petition for dissolution with the court. This officially opens the divorce case. Required information includes grounds for divorce, requests for property division, support, custody, etc.

Going Through Discovery

Once the petition gets filed and served, the discovery phase begins. This involves disclosing all relevant facts and documentation about assets, incomes, debts, etc. Interrogatories, depositions, subpoenas duces tecum, and other tools are used to gather information.

Divorce Trial

If a mutual agreement cannot be negotiated or annulment is not possible, the case will go to trial. A judge will hear evidence and testimony, and then render a binding decision on unresolved issues like property division and child custody. Most divorces settle before trial, but trial resolves any remaining disputes.

Grounds for Divorce

The legal grounds for a divorce dictate how the proceedings will unfold and what must be proven. State laws outline accepted grounds.

No-Fault vs Fault Divorce

Many states offer no-fault divorce based on irreconcilable differences or irreparable breakdowns. This doesn’t require alleging fault. Other states require fault-based grounds like adultery, abandonment, or abuse.

Common Grounds

Typical grounds for divorce include adultery, domestic violence, substance abuse issues, desertion for a defined period, imprisonment, mental illness, and living separately for an established duration. The petitioner must prove valid legal grounds.

Understanding the divorce laws and acceptable grounds in your state is essential to filing for dissolution properly. The grounds impact the process and evidence required. With proper grounds established, the court can then terminate the marital status.

Divorce Court Outcomes

Property Division

Once grounds for divorce are established, the court will make determinations on related matters including:

The court will divide marital assets and debts equitably based on facts like length of marriage, income, age, and contribution. Property, bank accounts, pensions, and real estate will be divided through negotiations or court orders.

Spousal Support

Alimony or spousal maintenance may be awarded by the court depending on factors like income disparity and marriage duration. Payments and terms would be defined in the divorce decree.

Child Custody and Support

If there are children, custody, visitation, and child support will be addressed either through settlement or judicial decisions based on the child’s best interests. Support payments will be mandated.

The court handles all aspects related to officially dissolving the marriage. With help from the best Woodstock family lawyers, individuals can achieve the most favorable settlement.

Divorce Settlement Agreement

Thu, 25 Sep 2025 20:45:26 GMT

What is a Divorce Settlement Agreement?

A divorce settlement agreement, often referred to as a property settlement agreement, is a written contract dividing your property, spelling out your rights, and settling issues such as alimony and custody. Essentially, it details the rights and responsibilities of each party post-divorce. This legally binding document can be created with or without the court’s assistance, but it needs to be approved by a judge to become enforceable. The goal of this agreement is to ensure that both parties are treated fairly and their rights are protected as they transition into their new lives.

The Importance of a Divorce Settlement Agreement

Ensuring Fair Distribution of Assets

Determining Child Custody and Support

When children are involved, the divorce settlement agreement plays a crucial role in determining child custody and support arrangements. The agreement will outline physical and legal custody details, visitation schedules, and how child support payments will be handled.

What is a Divorce Settlement Agreement?

The Importance of a Divorce Settlement Agreement

Ensuring Fair Distribution of Assets
Determining Child Custody and Support
Clarifying Spousal Support

Key Elements in a Divorce Settlement Agreement

Division of Property and Debts
Child Custody, Visitation, and Support
Alimony or Spousal Support

How to Prepare a Divorce Settlement Agreement

Seek Legal Advice
Open Communication and Negotiation
Document Everything

Why Legal Guidance in Drafting a Settlement Agreement Is a Necessity

A divorce settlement agreement is more than just a piece of paper; it serves as the roadmap for your post-divorce life. It establishes the rights and responsibilities of each party, providing clarity and reducing potential disputes in the future. Without a comprehensive agreement, you may face ongoing disagreements, legal battles, and unnecessary equitable division stress.

One of the primary roles of a divorce settlement agreement is to ensure a fair distribution of assets. This includes everything from real estate properties, vehicles, and bank accounts, to personal possessions and investments. Each state has its laws regarding asset division in a divorce, but typically, assets acquired during the marriage are considered marital property and are divided equitably.

Clarifying Spousal Support

Spousal support, or alimony, is another crucial aspect addressed in a divorce settlement agreement. Not all divorces result in spousal support awards, but when they do, the agreement should specify the amount, frequency, and duration of payments.

Key Elements in a Divorce Settlement Agreement

A divorce settlement agreement is a comprehensive document that covers numerous aspects of a couple’s life. It is essential to understand the key elements that should be included in this agreement to ensure it accurately reflects the intentions of both parties and provides a fair and equitable resolution.

Division of Property and Debts

The division of property and debts is a critical element in a divorce settlement agreement. This includes not only tangible assets like homes, vehicles, and personal belongings but also intangible ones such as investments, retirement accounts, and business interests. Each item needs to be identified, valued, and assigned to one party.

Child Custody, Visitation, and Support

The agreement should also set out a clear visitation schedule for the noncustodial parent. This includes regular visitations, holiday schedules, and arrangements for vacations. For child support, the agreement should detail how much will be paid, when it will be paid, and how it will be adjusted over time.

Alimony or Spousal Support

Alimony, also known as spousal support, is another key element in a divorce settlement agreement. If one party is to pay alimony to the other, the agreement should clearly state the amount of the payments, the frequency (weekly, monthly, etc.), and the duration (a set number of years, until the recipient remarries, or indefinitely).

The agreement should also detail the circumstances under which the alimony can be modified or terminated. It’s important to note that laws regarding alimony vary by location, so it’s crucial to consult with a legal professional to understand your rights and obligations.

How to Prepare a Divorce Settlement Agreement

Seek Legal Advice

Creating a divorce settlement agreement can be a complex process, but it’s a critical step toward finalizing your divorce and starting your new life. It requires careful consideration, open communication, and ideally, the guidance of experienced legal professionals. Below are some steps you can take to prepare a comprehensive and fair divorce settlement agreement.

Engaging a lawyer or a legal advisor is an essential first step in preparing a divorce settlement agreement. Even if the divorce is amicable and you agree on most issues, a lawyer can provide valuable insights into your rights and obligations. They can help you understand the legal implications of your decisions and ensure that the agreement is legally sound and enforceable.

Open Communication and Negotiation

Open communication and negotiation are at the heart of a successful divorce settlement agreement. Both parties need to be open about their assets, debts, and expectations for the agreement. This transparency forms the foundation for fair negotiations and a mutually acceptable outcome.

Document Everything

Documentation is key when preparing a divorce settlement agreement. This means keeping a record of all communications, agreements, and supporting documents related to the divorce settlement.

Documenting everything serves two purposes. First, it provides a reference point for negotiations, helping to keep discussions on track and focused on the facts. Second, it provides evidence of your agreements, which can be crucial if disputes arise later.

Dividing assets is not always a straightforward process, especially when it comes to complex assets like retirement accounts or businesses. A well-drafted agreement outlines who gets what, reducing ambiguity and potential disputes down the line. The agreement also addresses debts, ensuring that both parties understand their obligations moving forward.

The primary consideration in these decisions is the best interest of the child. Parents may work together to create an arrangement that suits their circumstances, or a court may decide if they cannot agree and require a custody hearing. The divorce settlement agreement provides a clear, written plan that prioritizes the child’s welfare and minimizes any potential disruptions in their life.

The purpose of spousal support is to limit any unfair economic effects of a divorce by providing ongoing income to a lower-wage-earning or non-wage-earning spouse. The conditions for spousal support vary widely and depend on factors such as the length of the marriage, each party’s earning capacity, and the standard of living during the marriage. A clear agreement eliminates confusion and ensures that both parties understand their responsibilities.

Debts incurred during the marriage must also be accounted for in the agreement. This could include mortgages, credit card debts, loans, and other financial obligations. The agreement should specify who is responsible for each debt, preventing any future misunderstandings or legal disputes.

Where children are involved, the agreement must detail the arrangements for child custody, visitation, and support. This includes specifying who will have physical custody (where the children will live) and legal custody (who will make important decisions about the children’s upbringing).

A lawyer can also guide you through the process, assist with negotiations, and help you avoid common pitfalls. If you have children or significant assets, legal advice becomes even more crucial. While hiring a lawyer involves costs, the investment can save you from costly mistakes and future legal disputes.

Negotiating a divorce settlement can be emotionally challenging, but it’s important to approach it with a problem-solving mindset rather than a combative one. Focus on understanding each other’s needs and finding common ground. Mediation or collaborative divorce processes can be helpful tools for facilitating these negotiations.

In terms of supporting documents, this could include financial records, property deeds, credit card statements, and anything else that supports the information in the agreement. Make sure to also document any changes agreed upon during negotiations. Once everything is finalized, all the details should be accurately reflected in the divorce settlement agreement.

Why Legal Guidance in Drafting a Settlement Agreement Is a Necessity

Even in the most amicable divorces, drafting a settlement agreement can be a complex process. It involves understanding intricate legal terms and ramifications, navigating emotional waters, and ensuring that the agreement is equitable and fair. This is where legal guidance becomes not just beneficial, but a necessity.

Legal professionals bring expertise and neutrality to the process. They understand the legal landscape of divorce and can guide you through the intricacies of laws surrounding asset division, child custody and support, and alimony. They can help ensure that your rights are protected and that the agreement complies with all relevant laws and regulations.

In essence, while it’s possible to draft a divorce settlement agreement without legal assistance, the risks and potential pitfalls make it a path best avoided. Investing in professional legal guidance can save you time, stress, and potentially a lot of money in the long run.

Wrap-up

Understanding and effectively preparing a divorce settlement agreement is crucial for anyone going through a divorce. This document lays the foundation for your post-divorce life, impacting your financial stability, living arrangements, and relationships with your children. While it can be a challenging process, remember that you’re not alone. With open communication, careful documentation, and professional legal guidance, you can navigate this journey successfully. It’s important to remember that this agreement is not just about ending a chapter but also about starting a new one. So, take each step with consideration, knowing that each decision you make brings you closer to a fresh start and a future full of potential.

Emergency Custody Hearings

Wed, 24 Sep 2025 21:03:00 GMT

What are Emergency Custody Hearings?

Emergency custody hearings are expedited court proceedings that deal with immediate concerns about a child’s custody and well-being. These hearings are initiated in response to urgent situations, aiming to swiftly resolve issues and safeguard the child’s best interests.

Triggering Circumstances

Criteria for Urgency

Participants and Stakeholders

Identifying the parties involved in emergency custody hearings and understanding their roles is fundamental to the legal process.

What are Emergency Custody Hearings?

Triggering Circumstances
Criteria for Urgency
Participants and Stakeholders
Procedures and Timelines
Temporary Custody Orders
Evidence and Documentation
The Importance of Documentation
Reach Out to FBA Law If You Have an Emergency Custody Hearing

Emergency custody hearings are triggered by specific events and circumstances that demand urgent intervention by the legal system. These hearings are typically initiated when a child’s safety and well-being are at immediate risk, such as cases involving child abuse, neglect, a parent absconding with the child, or other serious concerns. The purpose of these hearings is to provide swift resolution and protection for the child, ensuring that their best interests are prioritized and safeguarded.

When assessing the urgency of a situation, courts take into consideration predefined criteria, including factors such as the immediacy of the threat and the potential harm that could be caused to the child involved. The determination of urgency influences the court’s decision to proceed with an emergency custody hearing, ensuring the safety and well-being of the child is prioritized promptly. However, it is important to note that what a parent believes is an emergency may not be something that the Court considers to be an emergency. This is why consulting with a family law attorney is an important step to understanding what meets the burden of an emergency legally.

Procedures and Timelines

Emergency custody hearings follow a streamlined process, typically consisting of initial hearings followed by subsequent proceedings. The court aims to swiftly address urgent matters while adhering to legal norms.

Temporary Custody Orders

Temporary emergency custody orders, which are typically issued by a court, grant immediate custody to one parent or a legal guardian to safeguard the well-being of the child during the interim period before a comprehensive custody hearing can be conducted. These orders serve as an important measure to ensure the child’s safety, stability, and best interests while awaiting a more thorough evaluation and determination of the long-term custody arrangement.

Evidence and Documentation

Evidence can include various forms, such as witness testimonies, medical reports, police reports, and other relevant documentation. These pieces of evidence are meticulously gathered and presented to support or refute claims in court.

The Importance of Documentation

Reach Out to FBA Law If You Have an Emergency Custody Hearing

Individuals facing emergency custody hearings should promptly seek professional legal guidance and representation. These hearings can be highly complex and emotionally challenging, requiring the expertise of a reputable law firm specializing in family law. FBA Law, with our extensive experience and in-depth knowledge in this field, is fully prepared to provide comprehensive legal support tailored to the unique needs of each client. Our dedicated team of attorneys is committed to navigating these difficult situations, ensuring the best possible outcome for you and your loved ones. Rest assured that with FBA Law by your side, you will receive the utmost care and advocacy throughout the entire process.

Parties Involved:

Legal timelines govern the pace at which emergency custody hearings unfold, ensuring prompt resolution. Constraints are in place to strike a balance between making timely decisions and allowing parties to adequately present their cases.

Courts, as a neutral party, meticulously assess the credibility and relevance of the presented evidence. They carefully evaluate factors such as the reliability of witnesses, the accuracy of medical reports, and the admissibility of other relevant documentation to make informed decisions. This meticulous process ensures that justice is served and the truth is upheld.

Proper documentation is crucial when it comes to substantiating claims and providing a solid factual basis for the court’s decision. Thorough and accurate documentation not only serves as a valuable tool for presenting evidence during the hearing but also plays a crucial role in building a strong and persuasive case. It helps to establish credibility, enhances the clarity of arguments, and ensures that all relevant information is properly recorded and presented. By meticulously documenting every key detail, parties can strengthen their positions and increase the likelihood of a favorable outcome.

The primary purpose of emergency custody hearings is to make prompt and temporary decisions regarding custody arrangements, with the ultimate goal of ensuring the safety and well-being of the child involved. These hearings are specifically designed to address urgent situations where waiting for a regular custody hearing could potentially expose the child to significant harm or danger. By expediting the decision-making process, emergency custody hearings aim to provide immediate protection and support for children in need.

Parents/Non-Parent Custodians
Child Protection Services (CPS) or Department of Family and Children Services (DFCS)
Legal Representatives
The Court and Judge

Participants in child protection proceedings may include parents, legal guardians, and, in some cases, Child Protective Services (CPS) or the Department of Family and Children Services (DFCS) or other relevant agencies. These individuals and organizations play important roles in ensuring the well-being and safety of the children involved. They have specific rights and responsibilities that guide their actions and decisions throughout the proceedings, such as providing evidence, advocating for the best interests of the child, and adhering to legal requirements. Collaboration and effective communication among these parties are crucial for a fair and just resolution.

Enforcement: Temporary emergency custody orders, which are legally enforceable, ensure the compliance of involved parties. Failure to adhere to these orders may lead to legal consequences, emphasizing the importance of abiding by them.
Modification: It is worth noting that the court retains the authority to modify these orders in response to changing circumstances or the introduction of new evidence. This flexibility allows for the continuous assessment and adjustment of custody arrangements to best serve the interests and well-being of the parties involved.

Equitable Distribution

Tue, 23 Sep 2025 21:18:19 GMT

What Is Equitable Distribution?

Equitable distribution refers to the legal principle governing the fair and just allocation of marital assets and liabilities between spouses upon the dissolution of their union, typically through divorce with the assistance of a divorce attorney. Unlike community property systems that mandate an equal 50/50 split, equitable distribution emphasizes a more flexible and balanced approach.

This process takes into account various factors, such as the duration of the marriage, each spouse’s financial and non-financial contributions, and special considerations like pre-nuptial agreements. The goal is to achieve a division that is deemed fair, considering the unique circumstances of each marriage. Equitable distribution is designed to ensure that both parties receive an equitable share of the marital estate, promoting a sense of fairness and justice in the often complex and emotionally charged landscape of marital separation.

Understanding Marital Property

Marital property encompasses assets and liabilities acquired during the marriage. This includes real estate, financial accounts, personal belongings, and debts incurred jointly. The definition may vary by jurisdiction, but generally, any property acquired or earned by either spouse during the marriage is considered marital property.

Identifying Separate Property

Separate property refers to assets or debts that belong to one spouse individually and are not subject to equitable distribution. This can include property owned before the marriage, inheritances received by one spouse, or gifts specifically given to one spouse. Understanding the distinction between marital and separate property is crucial for an equitable distribution process.

Distinguishing between marital and separate property often requires careful documentation and legal scrutiny. Clear records of property ownership, financial transactions, and evidence of the origin of assets can aid in this distinction. In some cases, combining assets or transformations of separate property during the marriage may complicate this process, emphasizing the importance of legal guidance in navigating these matters. Sometimes, parties may co-mingle or transmute their separate property, thus making the property marital property in the process.

Factors Influencing Equitable Distribution

Duration of the Marriage: The length of the marital union often plays a role in equitable distribution. Longer marriages may involve more intertwined financial and non-financial aspects, influencing how assets and liabilities are divided. In divorce court, the judge may consider the duration of the marriage as a factor in determining the overall contribution of each spouse to the marriage.
Financial Contributions: Monetary contributions made by each spouse during the marriage are crucial considerations in equitable distribution. This includes income earned, investments made, and financial support provided. Courts assess the financial input of each spouse to ascertain a fair distribution reflective of their economic partnership.
Non-Financial Contributions: Equitable distribution recognizes that contributions to a marriage extend beyond finances. Non-financial contributions, such as homemaking responsibilities and childcare, are also integral components. Courts acknowledge the value of these contributions in shaping the marital partnership and may factor them into the distribution process.

Special Considerations

Prenuptial Agreements: Prenuptial agreements, if present, can significantly influence how assets are distributed during divorce. These enforceable legal documents outline the agreed-upon terms regarding property division, spousal support, and other financial matters. Courts typically uphold these agreements, provided they meet legal requirements.
Inheritance and Gifts: Inheritances and gifts received by either spouse can introduce complexity into the equitable distribution process. While these are generally considered separate property, how they are managed during the marriage may impact their treatment. Understanding the legal implications of inherited assets or gifted property is crucial in determining their role in the overall distribution.

Legal Process and Documentation

Filing for Divorce

Initiating Equitable Distribution: Initiating equitable distribution within the divorce process involves filing a petition for divorce with the appropriate court. This legal document outlines the grounds for divorce and may include initial requests for the equitable distribution of marital assets and liabilities. The filing party, known as the Petitioner or Plaintiff, kickstarts the legal proceedings that will determine the fair division of property.
Role of the Court: The court plays a central role in overseeing the equitable distribution process. Judges assess the evidence presented by both parties, consider relevant laws, and make determinations based on the principles of fairness and justice. The court’s involvement ensures an impartial and legal resolution to property division matters, especially in cases where spouses cannot reach agreements through negotiation or mediation.

Necessary Documentation

Financial Records: Comprehensive financial records are essential for a thorough equitable distribution process. Both spouses are typically required to make full financial disclosures and provide detailed information about their income, expenses, assets, and debts. This documentation aids in evaluating the financial contributions of each party and forms the basis for equitable distribution decisions.
Asset and Debt Inventories: Creating detailed inventories of marital assets and liabilities is a critical step in the equitable distribution process. This includes listing real estate, bank accounts, investments, personal property, and outstanding debts. Accurate and transparent documentation helps the court assess the value of assets and debts, facilitating a fair division based on the financial landscape of the marriage.

Reach Out to FBA Law Today

If you find yourself navigating the complexities of divorce and equitable distribution, FBA Law is here to guide you through every step of the legal process. Our experienced team of family law attorneys understands the emotional and financial challenges associated with marital dissolution. We are committed to providing personalized and effective legal solutions tailored to your unique circumstances. Whether you’re initiating a divorce, facing challenges in property division, or seeking assistance in understanding your rights, FBA Law is your ally. Take the first step towards securing your future and ensuring a fair and just resolution. Contact us today for a consultation, and let our expertise in family law empower you on the path to a brighter tomorrow.

Table of Contents

What Is Equitable Distribution?

Understanding Marital Property
Identifying Separate Property

Factors Influencing Equitable Distribution

Special Considerations

Legal Process and Documentation

Filing for Divorce
Necessary Documentation

Reach Out to FBA Law Today

Family Lawyer

Mon, 22 Sep 2025 21:31:23 GMT

What is a Family Lawyer?

A family lawyer is a legal professional who specializes in handling personal and domestic legal matters related to family relationships. Also called a matrimonial lawyer or family law attorney, a family lawyer can provide legal counsel and representation on issues like divorce, joint custody and support, alimony, and division of marital assets. They help clients navigate complex family laws and court proceedings.

Services Provided by Family Lawyers

Family lawyers handle a wide range of legal matters involving family relationships. Some common services include:

Divorce and Separation

One of the main areas family lawyers deal with is divorce. They represent clients in divorce proceedings, help divide marital property fairly, negotiate spousal and child support, and obtain court orders for custody, visitation, and protection if needed. They also handle legal separation and annulment proceedings.

Family lawyers are experts at advising and representing clients in child custody disputes. They will stand up for your interests as a parent while respecting the child’s best interests. Lawyers can negotiate custody plans, legitimation, or litigate court battles over custody rights and visitation.

Child Custody

Adoption

For parents seeking to adopt a child, family lawyers handle private, agency, stepparent and international adoptions. They ensure adoption procedures comply with laws and that the legal rights of all parties are protected. Documents like adoption agreements are prepared.

Reasons to Hire a Family Lawyer

There are important reasons why hiring a family attorney is recommended when dealing with family law matters:

Expertise in Navigating Complex Laws

Family laws can be quite complex and confusing for someone without legal training. There are many nuances and intricacies involved. A family lawyer has the expertise to properly interpret laws and apply them to your unique situation. Their knowledge helps maximize favorable outcomes.

Legal documentation for family court proceedings can be challenging for non-lawyers to prepare. A family lawyer knows exactly what information needs to be included, the proper format, and the necessary supporting evidence and documentation. They’ll handle all required filings and paperwork.

Assistance with Legal Documents

Representation in Court

Appearing in family court without a lawyer can put you at a big disadvantage. A family law attorney can professionally represent your interests in court proceedings and negotiations. Having an experienced lawyer fighting on your behalf brings peace of mind during high-stakes court battles

Questions to Ask When Selecting a Family Lawyer

What is your experience handling my type of case?

Seek details about the lawyer’s background handling cases similar to yours. An experienced divorce or child custody lawyer will inspire greater confidence. Ask about past case results.

How do you communicate with clients?

The lawyer should clearly explain their practices for informing clients via email, phone, and meetings. Responsiveness and transparency are vital.

What is your approach to resolving family legal issues?

Understand the lawyer’s philosophy for tackling cases like yours. Do they tend towards aggressive litigation or favor negotiation? Make sure their style aligns with your goals and preferences.

Selecting the right family attorney to represent your interests requires researching qualifications, experience, and client rapport. By asking the right questions upfront, you can find a lawyer truly equipped to handle your sensitive family law needs.

Tips for Working Effectively with a Family Lawyer

To achieve the best results with your family lawyer, keep these tips in mind:

Be Organized and Detailed

Provide all relevant facts about your case to your lawyer in a clear, organized manner. Comprehensive details allow them to best advocate for you. Bring supporting documentation. Keep all pertinent information private.

Communicate Openly and Honestly

Building trust with your lawyer through open communication is vital. Always be truthful. Keep your lawyer informed of any developments. If you have concerns, discuss them promptly to avoid problems.

Follow Your Lawyer’s Advice

While you decide the objectives, allow your lawyer to determine the legal strategies. Adhere to their counsel on what to say or not say for your legal interests. Respect their judgment and experience.

Developing a collaborative, communicative relationship with your family lawyer built on trust and transparency improves the odds of obtaining your desired case outcomes. With the proper lawyer guiding you, even the most complex family law matters can be resolved favorably.

Wrap-Up

Family legal issues like divorce and child custody can be daunting to navigate alone. A Georgia family lawyer provides invaluable expertise and representation so you don’t have to face them by yourself. Their legal knowledge and advocacy protect your rights and interests at this challenging time. With an experienced family law attorney advising you and handling proceedings, you gain peace of mind knowing you have a knowledgeable professional fighting on your behalf and guiding you through the complex legal process. Although emotional, hiring a trusted lawyer can help bring the fairest resolution.

What is a Family Lawyer?

Services Provided by Family Lawyers

Divorce and Separation
Child Custody
Adoption

Reasons to Hire a Family Lawyer

Expertise in Navigating Complex Laws
Assistance with Legal Documents
Representation in Court

Questions to Ask When Selecting a Family Lawyer

What is your experience handling my type of case?
How do you communicate with clients?
What is your approach to resolving family legal issues?

Tips for Working Effectively with a Family Lawyer

Be Organized and Detailed
Communicate Openly and Honestly
Follow Your Lawyer’s Advice

Georgia Seperation Laws

Fri, 19 Sep 2025 21:32:00 GMT

What are Georgia Separation Laws?

While the state of Georgia does not specifically authorize “Legal Separations”, Georgia does allow married couples to seek Separate Maintenance as an alternative to filing for divorce. While many may refer to Separate Maintenance as a “legal separation,” Separate Maintenance in Georgia provides important legal protections and obligations for spouses who need to separate but wish to remain married. The Separate Maintenance orders issued by the court establish rights and duties related to finances, child custody and support, property division, and other critical issues.

What are Georgia Separation Laws?

How the Court Process Works for Separate Maintenance
How Can a Family Law Attorney Help?

The process for obtaining Separate Maintenance in Georgia follows many of the same legal steps and procedures as filing for divorce:

How the Court Process Works for Separate Maintenance

There is no mandatory waiting period before converting a Separate Maintenance action to divorce through further court action. As long as the Separate Maintenance order remains in effect, neither spouse is permitted to legally marry another person as the two parties are still considered to be legally married to one another. If a party wishes to fully the divorce the other party, then they are required to file a new action and can tender the Separate Maintenance Order as evidence in the divorce action.

One spouse must establish residency in Georgia for at least six months before filing the complaint for separate maintenance.
The petitioning spouse files a complaint in the superior court in the county where the defendant’s spouse lives. This includes their requested arrangements for child custody, support, property division, etc.
The court may hold a temporary hearing to establish financial support obligations and other urgent issues while the action proceeds.
If no agreement is reached timely, they must attend mediation to attempt to negotiate a Separate Maintenance agreement, addressing all disputed issues between them, and outlining separate property versus marital property for the future.
Barring reconciliation during the process, the spouses proceed to a final court hearing where a judge reviews evidence and testimony before issuing final orders.

How Can a Family Law Attorney Help?

Going through separation without an attorney represents a risky legal strategy that often leaves rights unprotected. An experienced family law attorney can provide invaluable assistance, such as:

Guiding clients through Georgia’s specific separate maintenance laws, mediation, paperwork, and court filings
Negotiating firmly on their client’s behalf related to finances, property division, and child custody arrangements
Helping gather supporting evidence for court hearings related to domestic violence, adultery, or other pertinent grounds
Appearing with you in court for any hearings to argue persuasively before a judge
Drafting and modifying legal documentation appropriately as separation circumstances evolve

How Can a Family Law Attorney Help?

Going through separation without an attorney represents a risky legal strategy that often leaves rights unprotected. An experienced family law attorney can provide invaluable assistance, such as:

Guiding clients through Georgia’s specific separate maintenance laws, mediation, paperwork, and court filings
Negotiating firmly on their client’s behalf related to finances, property division, and child custody arrangements
Helping gather supporting evidence for court hearings related to domestic violence, adultery, or other pertinent grounds
Appearing with you in court for any hearings to argue persuasively before a judge
Drafting and modifying legal documentation appropriately as separation circumstances evolve

At FBA Family Law, their legal team has assisted countless Georgia residents with complex separation issues. By taking an aggressive yet compassionate approach, they aim to secure the most favorable outcomes toward their client’s goals, whether resolved out of court or through litigation. Their attorneys keep clients informed through every step while offering sound counsel on Georgia divorce laws each step of the way. For professional legal representation during this challenging transitional period in your marriage, contact a knowledgeable Georgia separation law attorney today.

Legal and Physical Custody

Thu, 18 Sep 2025 21:40:07 GMT

What is Legal and Physical Custody?

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What is Legal and Physical Custody?

Key Differences Between Legal and Physical Custody
Overview of Sole and Joint Custody Arrangements

Determining Custody: Legal Considerations and Child’s Role

Factors Courts Consider in Determining Legal and Physical Custody
The Influence of a Child’s Preference on Custody Decisions
Rights and Limitations of Non-Custodial Parents

Custody Arrangements: Challenges, Modifications, and Enforcement

Common Challenges and Solutions in Joint Custody Arrangements
Processes for Modifying Legal or Physical Custody Agreements
Legal Actions in Response to Custody Agreement Violations

Adapting Custody to Life Changes

The Importance of Understanding Legal and Physical Custody in Family Law

Legal and physical custody are two primary forms of child custody recognized in family law, each bearing distinct responsibilities and implications. Legal custody refers to a parent’s right and responsibility to make significant decisions about their child’s welfare, including education, health care, and religious upbringing. In contrast, physical custody pertains to where the child resides and the day-to-day responsibilities of caring for the child.

Key Differences Between Legal and Physical Custody

The main distinction lies in the scope of responsibilities. Legal custody is decision-centric, giving a parent the authority to make long-term decisions about their child’s upbringing and welfare. Physical custody, however, is more about the child’s everyday life, focusing on the child’s living arrangements and the logistical aspects of day-to-day care.

Overview of Sole and Joint Custody Arrangements

Custody can be categorized into sole or joint arrangements. Sole custody means one parent has either sole legal custody, sole physical custody, or both, providing them with exclusive rights regarding their child’s care and decision-making. Joint custody implies that both parents share these responsibilities. In joint legal custody, parents collaboratively make significant decisions about their child’s life, while joint physical custody involves a shared parenting time arrangement for the child, allowing for each parent to maximize time with the child.

Determining Custody: Legal Considerations and Child’s Role

This section delves into the nuanced factors that courts consider when determining legal and physical custody, including the amount of influence of a child’s preferences and the rights of non-custodial parents.

Factors Courts Consider in Determining Legal and Physical Custody

When determining custody, courts primarily focus on the child’s best interests, a principle guiding family law decisions. This encompasses several factors:

The Child’s Health and Safety : Ensuring the child’s physical and emotional well-being is paramount. This includes considerations of the parents’ health, both mental and physical, and their respective ability to care for the child’s needs.
Stability and Continuity : Courts favor environments that provide stability. This might include the child’s current living situation, school environment, and community ties.
Parental Capability : Each parent’s ability to meet the child’s needs, including emotional support, caregiving capacity, and willingness to foster a relationship with the other parent, is carefully assessed.
Child’s Relationship with Each Parent : The strength and nature of the child’s relationship with each parent play a significant role. However, a strong bond does not always equal a healthy bond. As such, the Court will consider not just the strength of a parent-child bond, but also the nature of said bond.
Parent’s Work Schedule and Lifestyle : Courts consider how each parent’s work commitments and lifestyle can accommodate the child’s needs.

The Influence of a Child’s Preference on Custody Decisions

The Court prefers that children not be involved in making custodial determinations or discussions around same. While the law allows that children of certain ages are allowed to make statements of preference or election, this statement from the child is merely one of many factors the Court will use in determining what custodial arrangement is in the child’s best interest.

Rights and Limitations of Non-Custodial Parents

Non-custodial parents retain specific rights, despite not having primary physical custody. These typically include:

Visitation Rights : Non-custodial parents are usually granted significant visitation or parenting time rights, allowing them to maintain a relationship with their child.
Access to Records : Joint legal custodians, regardless of physical custody determinations, usually have the right to access the child’s educational and medical records directly.
Input in Major Decisions : In cases of joint legal custody, non-custodial parents have a say in major decisions about the child’s life.

However, these rights come with limitations. Non-custodial parents must adhere to the custody and visitation schedule and cannot make unilateral decisions in areas reserved for the custodial parent.

Custody Arrangements: Challenges, Modifications, and Enforcement

In this section, we explore the intricacies of custody arrangements, focusing on the challenges in joint custody, the processes for modifying custody agreements, and the enforcement measures for custody violations.

Common Challenges and Solutions in Joint Custody Arrangements

Joint custody, where both parents share legal and/or physical custody of the child, can present unique challenges:

Communication Issues : Effective communication is crucial. Solutions include using written communication tools, like emails or specialized co-parenting apps, to facilitate clear, documented exchanges.
Scheduling Conflicts : Balancing two households can lead to logistical difficulties. Solutions involve creating detailed parenting plans and being flexible and cooperative in accommodating changes.
Disagreements on Parenting Styles : Differing parenting approaches can cause conflicts. Attending co-parenting counseling or mediation can help parents find common ground.

Processes for Modifying Legal or Physical Custody Agreements

Custody agreements may require modifications due to changes in circumstances. The process generally involves:

Demonstrating a Change in Circumstances : This might include relocation, changes in work schedules, or changes in the child’s needs.
Filing a Petition : The parent seeking modification must file a petition in the county where the other parent resides.
Providing Evidence : The court will require evidence to support the claim that the modification is in the child’s best interest.
Court Review and Decision : The court will review the case and make a decision based on the child’s best interests.

Legal Actions in Response to Custody Agreement Violations

When custody agreements are violated, legal actions can be taken:

Filing a Motion for Contempt : If a parent violates the custody order, the other parent can file a motion for contempt with the court.
Seeking Mediation or Legal Intervention : Before going to court, mediation can be an option. If no agreement is reached, legal intervention may be necessary.
Potential Penalties : Consequences for violating custody orders can include fines, modification of the custody agreement, and, in severe cases, criminal charges.

Adapting Custody to Life Changes

Custody arrangements, while initially set, are not static and may need to adapt due to significant changes in a child’s life:

Changes Due to Age : As children grow, their needs, preferences, and schedules change. Teenagers may desire more autonomy in choosing their living arrangements.
Educational Needs : Transitions such as starting school or changing schools can necessitate adjustments in custody to better support the child’s educational needs.
Health Considerations : A child’s or parent’s health changes can lead to modifications in custody arrangements to ensure the child’s well-being.

In each of these scenarios, parents may need to revisit their custody agreement, either through mutual agreement or court intervention, to ensure that it continues to serve the child’s best interests.

The Importance of Understanding Legal and Physical Custody in Family Law

Understanding the nuances of legal and physical custody is crucial for parents navigating the complexities of family law. These arrangements play a significant role in shaping a child’s life and well-being. Staying informed and adaptable to life’s changes ensures that the child’s best interests remain at the heart of custody decisions. At FBA Law, we are committed to guiding families through these challenging times with expertise and compassion. Our team understands the dynamic nature of legitimation and family life and is equipped to provide legal support that reflects the evolving needs of your family. Whether you’re establishing a new custody arrangement, modifying an existing one, or seeking enforcement of a custody order, FBA Law is here to help you navigate the legal landscape with confidence, always prioritizing the well-being of your child.

Legal Separation

Wed, 17 Sep 2025 21:53:51 GMT

What is Separate Maintenance?

Separate Maintenance is a legal process that allows married couples to live apart while remaining legally married. While some states may refer to this as “Legal Separation,” the state of Georgia calls this process Separate Maintenance. Unlike divorce, Separate Maintenance does not terminate marital status, but it addresses various issues such as the division of marital property/assets, child custody, and support. The process provides spouses with a formal agreement that outlines their rights and responsibilities during the separation.

What is Separate Maintenance?

The Process of Separate Maintenance
Filing for Separate Maintenance
Negotiation and Agreement
Court Approval
Enforcement of Agreement

Important Considerations

Benefits of Having an Experienced Family Law Attorney

The Process of Separate Maintenance

In order to obtain Separate Maintenance (what some might call a “legal separation”), spouses must petition the court for a Decree of Separate Maintenance. This requires filing paperwork and appearing before a judge who will issue orders on spousal support, child custody, and support if applicable, division of assets and debts, and other marital issues. The separation decree mandates how finances, assets, and family obligations will be handled while the couple lives apart. Spouses remain legally married even with this Order.

Filing for Separate Maintenance

To initiate the Separate Maintenance process, one of the spouses needs to file a petition with the court. This petition serves as the formal request to allow the parties to separate and make determinations as to separate property rights and custodial arrangements for children, while remaining legally married. The petition typically addresses key issues that need to be resolved and requests that the Court issue a final order as to same.

Negotiation and Agreement

When spouses decide to separate, they have the option to negotiate the terms of their separation either on their own or with the assistance of attorneys. Through this process, the goal is to strive for a mutually acceptable separation agreement that clearly defines the rights and obligations of each party involved. This agreement serves as a comprehensive document that outlines various aspects of the separation, including property division, child custody, and financial support. By engaging in this negotiation process, couples can work towards a resolution that respects their individual needs and interests.

Court Approval

Once an agreement is reached between the parties involved, it is then submitted to the court for approval. The court, in its role of safeguarding fairness and upholding legal requirements, diligently reviews the terms of the agreement to ensure their compliance. This meticulous assessment guarantees that the terms are just and equitable, providing confidence and assurance to all parties involved in the legal process.

Once the court grants its approval, the agreement undergoes a transformative process, becoming a legally binding court order. It is of utmost importance to strictly adhere to the terms outlined in the order, as failure to do so may lead to severe legal repercussions and consequences.

Enforcement of Agreement

Important Considerations

Financial Implications: Separate Maintenance addresses spousal support and asset division, impacting both current and future financial situations.
Child Custody and Support: The agreement outlines arrangements for child custody, visitation, and financial support.
Health Insurance and Benefits: Separate Maintenance may affect health insurance coverage, military divorce aspects, and other marital benefits. However, since Separate Maintenance does not sever the marriage legally, a spouse may be able to remain on the other spouse’s insurance.
Emotional and Psychological Impact: Emotional well-being and stress management are crucial considerations during this challenging time.

Benefits of Having an Experienced Family Law Attorney

Legal Expertise: Attorneys provide invaluable legal knowledge to navigate complex laws and regulations.
Negotiation Support: Skilled negotiators and attorneys can advocate for their client’s interests during the separation agreement process.
Documentation and Filing: Attorneys assist in preparing and filing the necessary legal documents, ensuring accuracy and completeness.
Conflict Resolution: A divorce attorney can help mediate conflicts, reducing the emotional toll on both parties.
Court Representation: If disputes arise, having legal representation ensures effective representation in court.
Legal Advice: Attorneys offer guidance on legal rights, responsibilities, and potential outcomes, empowering clients to make informed decisions.

Separate Maintenance (sometimes referred to as “Legal separation”) is a nuanced process requiring careful consideration of various factors. Hiring an experienced divorce attorney can significantly ease the process, ensuring that the rights and well-being of each party are protected during this challenging time. At FBA Law firm, we are dedicated to ensuring that our client’s legal separation process is as easy and beneficial for them as possible.

Legitimation

Tue, 16 Sep 2025 21:58:53 GMT

What is Legitimation?

At its core, legitimation refers to the formal acknowledgment and acceptance of a child as legitimate, often entailing the granting of legal rights and privileges. Rooted in the Latin word “legitimus,” meaning lawful, legitimation has deep historical underpinnings. Historically, lineage and inheritance were extremely important, and legitimation emerged as a legal mechanism to confer legitimacy upon children born outside of wedlock.

What is Legitimation?

How Does Legitimation Work?
Why is Legitimation Important?
Reach Out To FBA Law Today

The concept of legitimation dates back centuries, evolving with societal norms and legal frameworks. In early legal systems, legitimacy was often tied to the marital status of the parents, shaping the child’s societal standing and inheritance rights.

How Does Legitimation Work?

Legitimation operates as a process of formal recognition, transforming the legal status of a child. In the context of family law, this typically involves the acknowledgment of paternity by the father, establishing a legal link between the child and the non-marital parent. The process varies across jurisdictions but commonly involves court proceedings or the signing of legal documents.

From a legal perspective, legitimation serves to ensure that children born outside of marriage are not disadvantaged. It grants them access to the same rights, privileges, and benefits as children born within a marital union. This process, however, is not a one-size-fits-all mechanism, and perspectives on how legitimation functions can differ.

Some view legitimation as a safeguard for the child’s rights, ensuring they are not marginalized due to the circumstances of their birth. Others may see it as a complex legal procedure that necessitates careful consideration of the rights and responsibilities of both parents.

Why is Legitimation Important?

The significance of legitimation extends beyond legal technicalities; it reverberates through society, law, and the intricate web of social structures. Legitimation holds particular importance in family law, where it addresses issues of identity, inheritance, and the fundamental rights of children.

In the broader societal context, legitimation plays a role in shaping the narrative around non-marital births, challenging outdated stigmas, and fostering inclusivity. It ensures that children, regardless of the marital status of their parents, have equal standing in the eyes of the law.

Within the legal and political spheres, legitimation is a cornerstone of equitable family laws. It aligns with the principles of justice and equality, recognizing the rights of all children to be acknowledged and supported by both parents. The legal acknowledgment of paternity through legitimation creates a foundation for the establishment of parental responsibilities, including financial support, custody, and visitation rights. The legitimation process can also assist with having a biological father added to a child’s birth certificate and, in some cases, changing a minor child’s surname to that of the father’s.

Legitimation in family law serves as a transformative process, shaping the legal identity of a child and safeguarding their rights. It bridges historical legacies with contemporary societal values, embodying the evolution of family law to ensure justice, equality, and recognition for all children, regardless of the circumstances of their birth. As we navigate the complexities of family dynamics, legitimation stands as a pillar of fairness, illuminating the path toward a more inclusive and just legal landscape.

Reach Out To FBA Law Today

Navigating legal complexities requires not only expertise but also compassion. At FBA Law, we understand the unique challenges that families face, and our commitment to excellence in family law sets us apart. If you find yourself in need of guidance on matters such as legitimation in Georgia, custody disputes, or divorce proceedings, our team of seasoned family law experts is here to advocate for your rights and provide the support you deserve.

Our approach blends legal acumen with a deep understanding of the emotional intricacies involved in family matters. Reach out to FBA Law today, and let us be your partners in securing a brighter future for you and your loved ones. Your journey through family legal issues is our priority, and we are ready to stand by you every step of the way. Contact us now for a compassionate and knowledgeable ally in your family law matters.

Martial Property / Assets

Mon, 15 Sep 2025 22:12:54 GMT

What is Marital Property/Assets?

Marital property is defined as any assets acquired during a marriage. In the event of a divorce, determining the division of marital and separate property can be a complex process, which could be assisted through the use of mediation. In broad terms, marital property includes assets and debts that a couple acquires during their marriage. This can include homes, vehicles, retirement accounts, and even debts. Separate property, on the other hand, refers to assets that were owned by either spouse before the marriage or that were received as a gift or inheritance during the marriage. It’s important to note that laws and rules regarding the division of these properties can vary greatly between jurisdictions.

What is Legitimation?

How Does Legitimation Work?
Why is Legitimation Important?
Reach Out To FBA Law Today

Valuing and Dividing Marital Property

The process of valuing and dividing marital property can be a complicated one, and it is often where disputes arise during a divorce. The first step is to make a comprehensive list of all marital property, including tangible items like houses and cars, financial assets like bank accounts and retirement funds, and intangible assets like patents or royalties. The valuation of these assets must be done fairly and accurately, often requiring the assistance of financial experts or appraisers. In some cases, the value of an asset can be determined by its current market value, while in others, it might be based on its potential future value.

Once all assets have been identified and valued, the division can begin. This process is usually guided by the principle of equitable distribution, which does not necessarily mean an equal split, but rather a fair one based on various factors such as the length of the marriage, each spouse’s economic circumstances, and contributions to marital assets.

Engaging Legal Counsel and Gathering Documentation

Engaging legal counsel and gathering proper documentation is a crucial step in any divorce procedure. For clients of FBA Law, this process is streamlined and efficient, ensuring that no valuable time or resources are wasted. Our legal team works closely with clients to compile a comprehensive list of all assets and liabilities, which includes not only tangible items but also intangible ones such as intellectual property rights or business interests

Our lawyers also guide clients in gathering and organizing necessary documentation such as property deeds, vehicle titles, financial statements, tax returns, and other relevant records. These documents play a pivotal role in establishing ownership and value of assets and debts. It’s also important to trace any potential separate property that may have commingled with marital assets throughout the marriage.

Property Division Scenarios and Outcomes

Property division scenarios can vary greatly depending on the specific circumstances of the divorcing couple. For instance, one common scenario involves the division of the marital home. In such a case, one party might be awarded the home but may need to buy out the other party’s interest. Alternatively, the asset might be sold and the proceeds divided between the two parties. Another common scenario involves the division of retirement accounts. This can be particularly complex due to the intricate tax implications and potential penalties involved with dividing such accounts.

Modifying the Final Judgment and Order

Modifying the final judgment and order is not a straightforward process and often requires legal expertise. In the state of Georgia, changes to the final decree of divorce are allowed as it relates to custody, visitation, change support, and alimony under specific circumstances such as a significant change in financial status, health condition, or living condition of either party.

FBA Law is not only well-versed in Georgia’s modification laws but is also adept at strategizing amendment petitions, ensuring they best represent the altering circumstances of their clients. Our comprehensive approach includes an in-depth evaluation of the existing agreement, the recent changes, and how these changes impact the client’s financial stability or parenting capabilities.

Understanding Obligations After Divorce

Understanding a prenuptial agreement, property, debt, and support obligations after divorce can seem overwhelming, but the right guidance can make all the difference. By choosing the experienced Georgia divorce attorneys at FBA Law, you can navigate this complex process with confidence, assured by their expertise and dedication to their client’s cause. Our experienced team will work diligently to protect your interests and ensure you fully understand your obligations and rights in the aftermath of divorce. With our professional advice and comprehensive services, you can make informed decisions tailored to your unique circumstances, ensuring a smoother transition to your post-divorce life.

Mediation in Family Law

Sun, 14 Sep 2025 21:09:11 GMT

What is Mediation?

Mediation is a dispute resolution process that plays a pivotal role in family law, offering an alternative to traditional litigation. It involves a neutral third party, known as a mediator, who assists parties in reaching a mutually agreeable resolution. Unlike a judge in a courtroom, the mediator does not impose decisions but facilitates communication and negotiation between the disputing parties.

What is Mediation?

Purpose of Mediation in Family Law

Conflict Resolution
Communication Facilitation
Decision-Making Process

Key Concepts

Role of a Mediator
Voluntary Nature of Mediation
Confidentiality in Mediation

Mediation Process in Family Law

Benefits of Mediation

Cost-Effective Resolution
Preservation of Relationships
Empowerment of Parties

Challenges and Limitations of Mediation in Family Law

Power Imbalances
Resistance to Mediation

Non-compliance with Agreements

Let FBA Law Assist You With Your Mediation

Purpose of Mediation in Family Law

Engaging Legal Counsel and Gathering Documentation

Property Division Scenarios and Outcomes

Mediation aims to resolve conflicts in a non-adversarial manner. In family law, conflicts may arise during divorce, separation, or child custody disputes. Mediation provides a structured platform for parties to address their differences, explore solutions, and work toward a resolution that meets their unique needs.

Mediation Process in Family Law

Initial Discussion : The mediation process begins with an initial introduction where parties meet the mediator. During this phase, the mediator explains the mediation process, establishes ground rules, and ensures that both parties understand their roles and the voluntary nature of the process.
Identification of Issues : Parties identify and discuss the issues at the heart of their dispute. The mediator helps clarify each party’s concerns, ensuring a comprehensive understanding of the underlying issues that need resolution.
Negotiation and Agreement : With the mediator’s guidance, parties engage in negotiation to explore potential solutions. The mediator facilitates discussions, helping parties find common ground and reach an agreement that addresses their needs and concerns. The final agreement is a product of the parties’ collaboration.

Unlike adversarial court battles, mediation focuses on collaboration rather than confrontation. This approach helps preserve relationships, which is crucial in family law cases, particularly when co-parenting or ongoing family dynamics are involved.

Challenges and Limitations of Mediation in Family Law

Conflict Resolution

Communication Facilitation

Effective communication is often a challenge in family disputes. Mediation provides a controlled environment where parties can express themselves with the assistance of the mediator. Improved communication fosters understanding and helps in finding common ground.

Decision-Making Process

Mediation empowers parties to actively participate in the decision-making process. Unlike traditional litigation where a judge makes decisions, mediation allows individuals to have a say in the outcome, promoting a sense of ownership and responsibility for the agreement reached.

Key Concepts

Role of a Mediator

Mediators act as impartial facilitators, guiding the mediation process without taking sides. They help parties explore options, communicate effectively, and work toward a resolution. The mediator’s primary goal is to foster a collaborative environment where both parties can express their concerns and needs.

Voluntary Nature of Mediation

One fundamental aspect of mediation is its voluntary nature. While mediation is required in many metro Atlanta counties prior to the Court granting a hearing, participants tend to willingly engage in the process, recognizing the potential benefits of resolving their disputes amicably. This aspect empowers individuals to actively participate in shaping the outcome of their separation or custody arrangements.

Confidentiality in Mediation

Confidentiality is a cornerstone of mediation. Discussions that take place during mediation are private and cannot be used as evidence in legal proceedings. This encourages open and honest communication, as parties feel secure in expressing their thoughts and concerns without fear of legal consequences.

Benefits of Mediation

Mediation is generally more cost-effective than continuing the litigation. By avoiding lengthy court proceedings, legal fees, and related expenses, parties can save both time and money. This financial efficiency is especially beneficial in family law cases where resources may be strained.

Cost-Effective Resolution

Preservation of Relationships

Empowerment of Parties

Mediation empowers individuals to have control over the outcome of their disputes. Parties actively engage in crafting solutions that align with their priorities, fostering a sense of empowerment and satisfaction with the resolution.

Power Imbalances

Power imbalances between parties can pose challenges in mediation. The mediator must be attuned to these dynamics and employ strategies to ensure that both parties have an equal opportunity to participate and express their views.

Resistance to Mediation

Some individuals may be initially resistant to the mediation process. Addressing this resistance involves effective communication by the mediator, highlighting the benefits of mediation, and creating a supportive environment.

While mediation produces voluntary agreements, there may be instances of non-compliance. Mediators must educate parties on the enforceability of agreements and encourage a commitment to fulfilling the terms they’ve mutually agreed upon.

Non-compliance with Agreements

Let FBA Law Assist You With Your Mediation

Are you navigating the complexities of family law disputes and seeking a constructive and cost-effective resolution? FBA Law has an experienced team of dedicated professionals who are ready to guide you through the mediation process with expertise and compassion. We understand the unique challenges that family law matters present, and our skilled mediators are committed to facilitating open communication, addressing power imbalances, and ensuring your voice is heard.

Whether you’re facing divorce, child custody disputes, or issues related to property division, FBA Law is here to empower you to make informed decisions and find common ground with the opposing party. Take the first step towards a positive resolution by reaching out to FBA Law today. Let us navigate the path to resolution together, ensuring that your family’s future is built on understanding and collaboration.

Non Custodial Parents

Fri, 12 Sep 2025 15:50:19 GMT

What is Parental Alienation?

Parental alienation refers to a parent’s deliberate and persistent effort to manipulate their child into harboring negative feelings towards the other parent (often called the “target parent” in alienation), with the ultimate goal of having the child reject the other parent completely. When a child has a positive pre-existing relationship and bond with the target parent, the behavior by the alienating parent can cause confusion, and it is crucial to recognize that these falsehoods are being instilled by a parent – an authoritative figure whom they naturally trust. When one parent successfully poisons the child’s mind against their former partner by employing a web of half-truths and lies, the child begins to exhibit signs of what is commonly known as parental alienation syndrome.

What is Parental Alienation?

Understanding the Parental Alienation Process
How an Experienced Family Law Team Can Help

Understanding the Parental Alienation Process

Parental alienation is a gradual process that usually begins with subtle behaviors. It is often caused by a toxic divorce where disagreements in custody, child support, or spousal support are present. The alienating parent may insinuate the other parent doesn’t care about the child, doesn’t want the child, or abandoned the child. They might limit positive mentions and photographs of the targeted parent around the house and only discuss the target parent in a negative fashion when they are mentioned. As time goes on, the alienation tactics tend to escalate.

How an Experienced Family Law Team Can Help

Non-custodial parents maintain vital responsibilities in their children’s lives, ensuring their well-being, emotional support, and active involvement in important decisions, even without having primary physical custody. They must establish a strong bond, create a nurturing environment, and foster a sense of stability and love for their children’s optimal growth and development.

Asking the child to choose between the parents
Scheduling fun activities during the other parent’s parenting time
Undermining the targeted parent’s rules and authority
Restricting communication between the child and the targeted parent
Making vague negative statements about the targeted parents to the child
Allowing other family members to criticize the targeted parent in front of the child
Reinforcing the child’s complaints about the other parent
Reframing positive experiences with the target parent into negative ones

Common alienating tactics include:

At first, the child may exhibit confusion and internal conflict. But as the brainwashing continues, they often begin demonstrating unwarranted hatred, fear, or hostility towards the targeted parent. In severe cases, the child makes up false allegations of abuse against the parent being alienated. They may refuse contact outright.

This unjustified rejection causes deep emotional wounds for the targeted parent. But the most tragic victim is the child. Parental alienation robs them of a loving and positive parent-child relationship and can set them up for issues like depression, low self-esteem, and substance abuse down the road.

Parental alienation cases require skilled legal intervention. Attempting these complex custody disputes without a qualified attorney often does more harm than good.

The family law team at FBA Law Firm helps parents deal with the nightmare of alienation. Our layered team approach combines legal expertise with mental health knowledge. Some ways we assist targeted parents include:

Documenting all alienating behaviors from the start of a case
Getting court orders to halt specific alienation tactics
Requesting guardian ad litem appointments or custody evaluations
Changing custody arrangements if the child’s best interests are in danger
Requiring the alienating parent and child to attend counseling or therapy
Improving communication protocols between co-parents
Helping the child reconnect with the targeted parent

We also aid falsely accused parents by:

Gathering evidence to refute abuse or neglect allegations
Requesting a psychological evaluation of the accusing parent
Making referrals to other professionals who can assist in refuting false allegations or detect other subversive behaviors of a alienating parent
Asking for sanctions against the alienating parent

Reversing alienation and rebuilding a damaged parent-child relationship takes time. But in some cases, change occurs quickly after court intervention limits the alienating parent’s access to the child. Each situation has its nuances, which is why custom legal strategies are vital.

Our goal at FBA Law is to minimize trauma and act swiftly to protect the well-being of the child. We have over 25 years of experience serving families impacted by high-conflict splits and toxic alienation campaigns as well as experience on the other side with positive step-parent adoption cases. We are and are committed to the best interest of your family and will work to support you until there is a resolution.

Premarital Agreement

Thu, 11 Sep 2025 17:59:36 GMT

What is a Premarital Agreement?

A premarital agreement is a written contract entered into by a couple before marriage or a civil union and is a part of Georgia separation laws. It enables them to select and control many of the legal rights they acquire upon marrying and dictates what happens when their marriage ends by divorce. These agreements typically list the property each person owns, and the debts they owe, and spell out each person’s property rights during the marriage and in the event of divorce. They can also affirm, modify, or waive a marital right or obligation during the marriage, at separation, marital dissolution, or other events.

What is a Premarital Agreement?

Purpose and Function of Premarital Agreement

Division of Assets and Property
Debt Management
Spousal Support
Protection of Individual Interests

Legal Requirements and

Enforceability of Premarital Agreements

Full Financial Disclosure
Sufficient Time for Preparation and Execution
Independent Legal Counsel

Secure Your Future With FBA Law

Purpose and Function of Premarital Agreement

Premarital agreements serve several key functions and purposes in modern relationships. These legal contracts are created by couples before they enter into marriage and are primarily designed to manage and clarify financial aspects and responsibilities within the marriage and in case of separation or divorce.

Premarital agreements often include provisions for spousal support or alimony. These stipulations can vary widely depending on the couple’s preferences and circumstances, providing a predetermined framework for support if the marriage ends.

Division of Assets and Property

The primary function of premarital agreements is to outline the division of assets and property in the event of a divorce or separation. This includes detailing how property acquired before and during the marriage will be handled, ensuring that personal assets and income remain separate if desired, and protecting individual property rights.

Debt Management

Along with assets and property, these agreements also address the division of debts. This can be particularly important in ensuring that individuals are not unfairly burdened with debts accrued by their partner either before or during the marriage. It ensures that financial responsibilities are clearly defined and agreed upon by both parties.

Spousal Support

Protection of Individual Interests

Beyond financial assets and liabilities, premarital agreements can also serve to protect individual interests and investments. This might include safeguarding a family business, securing personal investments, or managing financial risks associated with career choices. It’s a means for individuals to protect their financial interests and properties.

Legal Requirements and Enforceability of Premarital Agreements

Premarital agreements must adhere to specific legal criteria to be enforceable. These criteria include full financial disclosure, sufficient preparation time, and obtaining independent legal counsel.

Full Financial Disclosure

Both parties are required to provide fair and complete financial disclosure, detailing their assets and liabilities. This transparency is crucial to prevent claims of unconscionability, where an agreement is deemed unfair or oppressive. Some jurisdictions might allow waivers for these disclosures, but typically, full and accurate mutual financial disclosures are considered essential to uphold the agreement’s validity.

Sufficient Time for Preparation and Execution

The agreement should be prepared and executed without coercion or duress. Factors like the time available for reviewing and understanding the agreement, the educational background and comprehension ability of the parties, and the presence of legal representation are vital. The agreement should be negotiated well before the marriage ceremony, providing enough time for both parties to fully grasp its terms and request any revisions.

Independent Legal Counsel

Having independent legal counsel for each party is crucial, especially when important legal rights are being waived. This ensures that each party fully understands the agreement and acknowledges it.

Secure Your Future With FBA Law

Understanding the intricacies of premarital agreements is crucial for protecting your rights and securing your future. FBA Law also offers expert guidance and legal services encompassing parental alienation, custody, and divorce. We encourage you to explore our comprehensive resources and personalized legal solutions. Reach out to FBA Law today to learn more about how we can assist you in drafting a premarital agreement that aligns with your unique circumstances and future goals. Take the first step towards safeguarding your financial and personal interests today by reaching out to our experienced legal team.

Parental Alienation

Wed, 10 Sep 2025 18:11:13 GMT

What is Parental Alienation?

Understanding the Parental Alienation Process
How an Experienced Family Law Team Can Help

How an Experienced Family Law Team Can Help

Parental alienation cases require skilled legal intervention. Attempting these complex custody disputes without a qualified attorney often does more harm than good.

Common alienating tactics include:

Asking the child to choose between the parents
Scheduling fun activities during the other parent’s parenting time
Undermining the targeted parent’s rules and authority
Restricting communication between the child and the targeted parent
Making vague negative statements about the targeted parents to the child
Allowing other family members to criticize the targeted parent in front of the child
Reinforcing the child’s complaints about the other parent
Reframing positive experiences with the target parent into negative ones

Documenting all alienating behaviors from the start of a case
Getting court orders to halt specific alienation tactics
Requesting guardian ad litem appointments or custody evaluations
Changing custody arrangements if the child’s best interests are in danger
Requiring the alienating parent and child to attend counseling or therapy
Improving communication protocols between co-parents
Helping the child reconnect with the targeted parent

We also aid falsely accused parents by:

Gathering evidence to refute abuse or neglect allegations
Requesting a psychological evaluation of the accusing parent
Making referrals to other professionals who can assist in refuting false allegations or detect other subversive behaviors of a alienating parent
Asking for sanctions against the alienating parent

Parenting Plans

Mon, 08 Sep 2025 18:25:25 GMT

What Are Parenting Plans?

Parenting plans refer to comprehensive documents outlining the arrangements and responsibilities agreed upon by separated or divorced parents regarding the care and upbringing of their children. These plans are legally binding agreements that cover various aspects of co-parenting to ensure the well-being and stability of the children involved.

What Are Parenting Plans?

Why parenting plans are crucial for co-parenting?
The role of parenting plans in child custody arrangements?

Components of Parenting Plans

Custody Arrangements
Visitation Schedules
Decision-making Authority

Development Process

Adaptability and Modifications
Benefits of Having a Parenting Plan

Common Challenges

Reach Out to FBA Law For Help With Parenting Plans

How an Experienced Family Law Team Can Help

Parental alienation cases require skilled legal intervention. Attempting these complex custody disputes without a qualified attorney often does more harm than good.

Parenting plans serve as a roadmap for co-parents, detailing the expectations and commitments of each party. They establish a framework for cooperation and communication, fostering a supportive environment for children despite the challenges of separation.

Parenting plans play a pivotal role in determining the custody arrangements for children. By outlining both physical and legal custody, these plans provide clarity on where the children will live and who will make important decisions regarding their upbringing.

If modifications are necessary, parenting plans typically outline the legal procedures for making changes. This may involve court approval and a demonstration of substantial changes in circumstances.

Why parenting plans are crucial for co-parenting?

The role of parenting plans in child custody arrangements?

Components of Parenting Plans

Custody Arrangements

What is the difference between physical and legal custody? Physical custody pertains to where the child resides, while legal custody involves decision-making authority. Parenting plans delineate these aspects, specifying whether custody is joint and how major decisions, such as those related to education or healthcare, will be made.

Visitation Schedules

The visitation schedule is a crucial component, detailing when the child will spend time with each parent. This includes regular visitation,as well as holidays and school breaks, ensuring a fair distribution of time.

Parenting plans define the responsibilities and decision-making authority of each parent. This includes determining who has the final say on important matters relating to the child’s education, religious upbringing, non-emergency medical decisions, and extracurricular activities, and how collaboration should occur for the child’s benefit.

Decision-making Authority

Development Process

Ideally, parenting plans are created collaboratively, with both parents actively participating in the decision-making process. This collaborative approach promotes a sense of shared responsibility and encourages open communication.

In cases where collaboration faces challenges, mediation or legal support may be sought to facilitate the creation of the parenting plan. Mediators or legal professionals can help navigate disagreements and ensure the final plan is fair and in the best interest of the child.

Adaptability and Modifications

Parenting plans should address the potential for changes in circumstances. Flexibility and provisions for modifications allow the plan to adapt to the evolving needs of both parents and children.

Benefits of Having a Parenting Plan

Stability and predictability for children: Parenting plans provide a stable and predictable environment for children, reducing the uncertainty and anxiety associated with parental separation. Consistency in routines and expectations contributes to the child’s emotional well-being.
Reducing conflicts between co-parents: By establishing clear guidelines and expectations, parenting plans help minimize conflicts between co-parents. Having a documented agreement reduces the likelihood of misunderstandings and disputes, fostering a more amicable co-parenting relationship.

Common Challenges

Communication barriers: Parenting plans may face challenges when there are communication barriers between co-parents. Effective communication strategies, such as using mediation or parenting apps, can help overcome these obstacles.
Dealing with non-cooperative co-parents: When one co-parent is uncooperative, the parenting plan may require adjustments. Legal recourse may be necessary to enforce the plan or address issues of non-compliance.

Reach Out to FBA Law For Help With Parenting Plans

If you encounter difficulties in creating or implementing a parenting plan, seeking legal guidance is essential. FBA Law specializes in family law matters and can provide expert assistance in navigating the complexities of parenting plans . Contact us for personalized support and ensure the best interests of your children are prioritized in your co-parenting journey.

Paternity

Fri, 05 Sep 2025 18:52:36 GMT

What is Paternity?

Paternity refers to the legal establishment of the identity of a child’s father. It involves determining the legal father of a child, which is particularly significant when the father’s identity is uncertain, often in the case of unmarried parents. Paternity law deals with the rights and obligations of both the father and the child to each other and others. Paternity and Legitimation matters can encompass issues such as parenting plans, child support, child custody,inheritance, and surname. Most states refer to paternity as the legal establishment of the identity of the father of a child, sometimes using terms like “biological father” or “natural” father of the child.

What is Paternity?

Importance of Establishing Paternity
How is Paternity Established?

What Legal Support is Available for Paternity Issues?

Importance of Legal Representation from FBA Law in Paternity Cases

Establishing paternity is crucial for several reasons. It provides the child of unmarried parents with certain legal rights and benefits that are afforded to children whose parents are married. In cases where a married couple has a child, there is a legal presumption that the husband is the father. However, when an unmarried woman has a child, there is no such presumption, necessitating further action to establish paternity. The establishment of paternity ensures financial support is available to the child from both parents. It can also provide the child with inheritance rights, the right to know medical histories from both sides of the family, and the ability to receive social security, workers’ compensation, or other dependent-based governmental assistance in case of the father’s death or harm. For the mother, it means shared financial responsibilities and formal agreements or court determinations as to expenses for the minor child.

Paternity tests scientifically determine the biological relationship between a father and a child. These tests are highly accurate, with results ranging from 90 to 99 percent certainty. They can definitively exclude non-biological fathers and confirm biological ones. DNA testing can be done through blood tests or cheek swabs and is crucial in legal contexts like establishing child custody and support.

Importance of Establishing Paternity

How is Paternity Established?

Paternity can be established in a variety of ways. Voluntary acknowledgment of paternity occurs when both the mother and the putative (potential) father agree on the father’s paternity. They can establish this through an Affidavit of Paternity. The affidavit allows for the birth certificate to include the father’s name. While this acknowledgment establishes the biological father, it does not automatically confer other legal rights such as custody or parenting time. For these rights, the father must initiate a separate action in court, thereby legitimating the minor child.

The role of parenting plans in child custody arrangements?

What Legal Support is Available for Paternity Issues?

Importance of Legal Representation from FBA Law in Paternity Cases

Legal guidance from a paternity attorney like FBA Law is essential to protect rights and responsibilities in paternity cases. We assist in establishing paternity, understanding step-parent adoption, navigating parental rights and responsibilities, and addressing child custody and visitation disputes. FBA Law also plays a vital role in child support matters, ensuring obligations are fair and enforced. With our expertise in family law, we advocate for clients’ interests, guiding them through legal paternity processes to achieve favorable outcomes. Seeking the assistance of skilled attorneys like those at Family Matters Law Group is crucial for anyone involved in paternity-related issues. Reach out to us today for assistance with paternity cases.

Paternity can also be legally established through court proceedings, which can be either voluntary or involuntary. In voluntary cases, the putative father and mother agree to determine paternity, possibly through DNA testing. In contrast, involuntary cases often involve the mother or the state initiating a paternity action. These legal processes are crucial when determining child support obligations and other legal aspects associated with fatherhood. If the father is deceased, paternity actions must be brought while he is alive or has been acknowledged by him before death, such as through a paternity registry or birth certificate naming.

Family law attorneys specializing in paternity and legitimation matters handle various roles, including representing clients in legal proceedings, negotiating settlements over child support and custody, and providing advice and counsel. They evaluate evidence like DNA tests and medical records to establish paternity and maintain important legal documentation. These attorneys play a crucial role in negotiating child support and custody arrangements, ensuring the child’s needs and best interests are met.

Probate Lawyer

Thu, 04 Sep 2025 20:11:42 GMT

What is a Probate Lawyer?

Probate law governs the process by which a person’s estate is distributed after their death. It involves validating the deceased’s will, appraising the deceased’s assets, paying off any debts or taxes, and distributing the remaining property as the will (or state law, if there’s no will) directs. A probate court oversees this entire process, and a Georgia probate lawyer often assists with the procedural details to ensure that everything is handled fairly and legally.

What is a Probate Lawyer?

The Role of Probate Lawyers in Estate Planning

Understanding the probate process
Importance of probate lawyers in estate disputes

How to Choose the Right Probate Attorney

Factors to consider when hiring a probate attorney
The value of specialization in probate law

When Should You Hire Family Lawyers in Probate Matters?

Scenarios where family lawyers can assist in probate matters
Balancing family dynamics with legal requirements

Wrap-up

The probate process begins with the validation of the deceased person’s will by the probate court. If the court determines that the will is valid, it then moves on to the next step, which involves taking inventory of the deceased person’s assets. These assets are then used to pay off any outstanding debts or taxes. Once all financial obligations have been met, the remaining assets are distributed among the beneficiaries as specified in the will.

The Role of Probate Lawyers in Estate Planning

Understanding the probate process

Importance of probate lawyers in estate disputes

Estate disputes can arise for a variety of reasons – disagreements over the validity of the will, paternity, conflicts between beneficiaries, or disputes about how the executor is managing the estate, to name a few. These disputes can be emotionally charged and legally complex, making it difficult for the parties involved to resolve on their own.

How to Choose the Right Probate Attorney

Factors to consider when hiring a probate attorney

When hiring a probate attorney, several factors should be considered. First and foremost, you should assess their level of experience in probate law. An experienced attorney will be familiar with the intricacies of the probate process and will be able to anticipate and address potential challenges.

Secondly, consider the attorney’s communication skills. Probation can be a complex process, and you will want an attorney who can explain things clearly and is responsive to your questions and concerns.

The value of specialization in probate law

While many lawyers may offer probate services, not all of them specialize in probate law. Hiring a lawyer who specializes in probate law can be beneficial because they are likely to be more up-to-date with the latest developments in this area of law. They are also more likely to understand the complexities and nuances of probate cases, which can lead to better outcomes.

Selecting the right probate attorney is crucial to the smooth handling of an estate and can significantly lessen the burden on the executor or beneficiaries. The attorney’s knowledge, experience, and approach can greatly influence the probate process, making it essential to choose someone who suits your needs and circumstances.

A probate lawyer, also known as an estate lawyer or an estate attorney, plays a critical role in the estate planning process. They provide legal advice and services related to the distribution of a deceased person’s assets, ensuring that the process is carried out according to the decedent’s wishes and the law. With their extensive knowledge of probate law, they help in navigating the often complex and convoluted probate process.

However, the probate process can be more complex if there’s no will, or if the will is contested. In such cases, state laws usually dictate how the assets are divided. This is where the expertise of a probate lawyer can prove invaluable. They can guide executors and beneficiaries through the entire process, helping them understand their rights and responsibilities, and ensuring that all legal procedures are followed.

Probate lawyers can help resolve these disputes in various ways. They can provide legal advice to the disputing parties, helping them understand the law and their options. They can also represent their clients in court if the dispute escalates into a lawsuit. Additionally, they can act as mediators, facilitating negotiations between the parties and helping them find a mutually agreeable solution. By doing so, probate lawyers not only help resolve estate disputes but also prevent them from turning into drawn-out legal battles that can drain the estate’s resources and cause further discord among the beneficiaries.

Lastly, consider the attorney’s reputation. Look for reviews or ask for references to gauge their level of professionalism and the quality of their service. Also, check if they have any disciplinary actions against them.

Moreover, a probate specialist can provide more focused and knowledgeable advice about estate planning strategies that can help reduce estate taxes, avoid probate, or resolve disputes. Therefore, when choosing a probate attorney, it’s worth considering one that specializes in this field for their expertise and dedicated attention to probate matters.

When Should You Hire Family Lawyers in Probate Matters?

Probate matters can sometimes involve complex family dynamics that require not just an understanding of probate law, but also a delicate handling of familial relationships. In such cases, hiring a family lawyer with experience in probate matters can be advantageous. They can help navigate the legal landscape while also managing sensitive family issues that may arise during the probate process.

Scenarios where family lawyers can assist in probate matters

There are various scenarios where the expertise of a family lawyer can be beneficial in probate matters. For instance, if there is a dispute among family members regarding the will or the distribution of assets, a family lawyer can help mediate and resolve the conflict.

In cases where the deceased left behind a complex estate, such as one involving various properties or businesses, a family lawyer can assist in ensuring a fair and lawful distribution of assets.

Furthermore, if the deceased died intestate (without a will), the probate process can become more complicated. A family lawyer can help interpret state laws and guide family members through the probate process in such situations.

Balancing family dynamics with legal requirements

Family dynamics and custody can significantly impact the probate process. Emotions can run high, and disagreements can quickly escalate into disputes. A family lawyer, however, can help balance these dynamics with the necessary legal requirements.

Moreover, a family lawyer can also help ensure that all family members’ rights are protected during the probate process. This can be particularly important in cases where family members have differing interests or opinions about how the estate should be handled.

Wrap-up

Understanding the role and importance of probate lawyers in estate planning is crucial, whether you’re drafting a will, navigating the probate process, or dealing with estate disputes. They provide valuable guidance and representation, ensuring that the estate is handled legally and responsibly. They can also help balance family dynamics with legal requirements, making the process smoother and less stressful. Remember, choosing the right probate attorney is an investment in peace of mind and a secure future for your loved ones. So take your time, do your research, and make the choice that’s right for you.

Spousal Support

Tue, 02 Sep 2025 19:01:42 GMT

What is Spousal Support?

Spousal support, also known as alimony, is a crucial financial arrangement in divorce or separation cases. It involves one spouse providing financial assistance to the other to address potential economic disparities that may arise following the dissolution of their marriage. This support aims to ensure a fair transition and provide stability for the recipient spouse, especially if they have been financially dependent on their partner. By offering this assistance, the court recognizes the contributions and sacrifices made by both spouses during the marriage, ultimately promoting a more equitable outcome.

What is Spousal Support?

Purpose of Spousal Support
Economic Support
Maintaining a Standard of Living

Types of Spousal Support

Factors Influencing Spousal Support

No-Fault Divorce States vs. Fault-Based Divorce States

Hire FBA Law For Help With Your Spousal Support Case

Spousal support serves as a means of economic assistance for the recipient spouse, helping them maintain a certain standard of living post-divorce. This support recognizes the financial interdependence that often develops during a marriage.

Purpose of Spousal Support

Economic Support

Maintaining a Standard of Living

The goal of spousal support is to prevent a significant decline in the standard of living for the spouse who might be economically disadvantaged after the divorce. This is particularly relevant in situations where one spouse has sacrificed career opportunities to support the family or has limited earning capacity.

Types of Spousal Support

Temporary: This type of support is granted for a specific duration to provide immediate assistance in times of need. It serves as a temporary lifeline, offering support and resources to the recipient during challenging circumstances.
Permanent: A permanent award signifies ongoing support for an indefinite period, oftentimes until the recipient remarries or unfortunately passes away. It ensures that the recipient has a continuous safety net, providing them with the necessary assistance and care throughout their lifetime.
Rehabilitative Support: This type of support is provided to enable the recipient to acquire education or skills necessary for self-sufficiency. It aims to empower individuals by helping them gain the knowledge and abilities required to become self-reliant and independent in their personal and professional lives.

Factors Influencing Spousal Support

Duration of Marriage: The length of the marriage often influences spousal support decisions. Longer marriages may lead to a higher likelihood of permanent support.
Financial Disparities: Significant financial disparities between spouses, such as differences in income and assets, can impact the amount and duration of spousal support.
Contributions to the Marriage: Contributions to the marriage, both financial and non-financial, are considered. This includes homemaking, child-rearing, and support for the other spouse’s career or education.
Future Earning Potential: The potential for the supported spouse to become self-supporting in the future is a crucial factor. This includes evaluating education, skills, and employability.

No-Fault Divorce States vs. Fault-Based Divorce States:

In states that follow a no-fault divorce system, spousal support can be awarded without the need to prove any wrongdoing on the part of either spouse. This means that even if there is no specific fault, such as adultery or abuse, spousal support can still be granted based on the needs of the receiving spouse.

In fault-based divorce states, the court may take into consideration various factors, including but not limited to adultery or abuse, when determining whether to award spousal support. These factors can play a role in deciding the amount and duration of support, as they provide additional context to the circumstances surrounding the divorce.

Hire FBA Law For Help With Your Spousal Support Case

In a spousal support case, seeking legal counsel is of utmost importance for both parties involved. An experienced attorney like FBA Law can offer valuable guidance, assist in negotiating favorable terms, and skillfully represent their client’s interests in court. With our expertise, we can analyze the unique circumstances of the case, navigate complex legal procedures, and ensure the best possible outcome for our clients. Having a knowledgeable attorney by your side can provide peace of mind and increase the chances of a fair resolution.

Step Parent Adoption

Mon, 01 Sep 2025 20:28:16 GMT

What is Step Parent Adoption?

A stepparent adoption is a formal legal process that enables a stepparent to establish a legal parent-child relationship with their spouse’s child. Through this process, all legal rights and responsibilities are permanently transferred from the child’s other birth parent to the stepparent, solidifying their role as a parent in the eyes of the law. This significant legal step not only recognizes the emotional bond and commitment between the stepparent and the child but also provides stability and security for the entire family unit.

What is Step Parent Adoption?

How Does the Stepparent Adoption Process Work?
When is Step Parent Adoption Beneficial or Necessary?
Implications for Both Parties
Benefits of Legal Expertise

The stepparent adoption process varies by jurisdiction but generally includes several stages:

The Role of Probate Lawyers in Estate Planning

How Does the Stepparent Adoption Process Work?

When is Step Parent Adoption Beneficial or Necessary?

Step-parent adoption can be quite beneficial or even necessary in a variety of scenarios. For instance, if the noncustodial biological mother or father is an unfit parent, uninvolved, unresponsive, or has abandoned the child, step-parent adoption can provide stability and legal certainty. It can also be beneficial in situations where the step-parent has been acting as the child’s primary caregiver and wishes to formalize that role. This legal status can be critical in making decisions related to the child’s education, health, and welfare.

Implications for Both Parties

Benefits of Legal Expertise

There are nuances involved in a step-parent adoption dealing with everything from consent to child support changes. Hiring experienced adoption attorneys like those at FBA Law helps ensure the process goes smoothly while protecting the child’s best interests and keeping all parties informed of their updated rights and responsibilities. Their expertise offers guidance for stepfamilies navigating this meaningful transition.

For the step-parent, adoption means assuming all the legal responsibilities of a biological parent with paternity. For the child, it means gaining the same legal and inheritance rights as if they were the step-parent’s biological child. It also means they may lose all rights to have contact or inherit from their biological parent unless specifically allowed by the adoption order. Overall, adoption is a significant and life-changing decision that profoundly impacts both the step-parent and the child involved, creating a lifelong connection built on love, trust, and legal responsibility.

The stepparent files an adoption petition in court to formally request adopting their stepchild.
Consent from the child’s other birth parent is obtained, demonstrating they agree to give up parental rights.
A home study assesses the stepparent’s fitness and home environment.
The court terminates the rights of the child’s other birth parent.
The judge issues a final adoption decree recognizing the stepparent-stepchild relationship. The stepparent becomes a legal parent.
The process time varies by state, ranging from 2-6 months typically.

Furthermore, step-parent adoption may be necessary for inheritance or survivor benefits. Without a legal adoption, a stepchild may not be eligible for certain types of inheritance, Social Security survivor benefits, or life insurance payouts. In cases where the custodial biological parent is ill or incapacitated, step-parent adoption can help ensure that custody automatically passes to the step-parent, avoiding potential disruption or distress for the child. Most importantly, step-parent adoption safeguards the child’s future and strengthens the family bond.

Uncontested Divorce

Fri, 29 Aug 2025 20:34:19 GMT

What is an Uncontested Divorce?

An uncontested divorce is a divorce where both spouses agree on all aspects of the divorce and file the paperwork without the need of a contested hearing. This type of divorce tends to move through the court system faster and requires less paperwork as there are no disputes to resolve over things like property division, child support, custody, or spousal maintenance. Even if you plan to have an amicable divorce, there are important legal and financial considerations when filing, which is why working with an experienced divorce attorney is highly recommended to help ensure the details are handled properly according to state laws.

What is an Uncontested Divorce?

How the Uncontested Divorce Process Works
Some Important Considerations in an Uncontested Divorce
Why Work with Seasoned Divorce Attorneys

The stepparent adoption process varies by jurisdiction but generally includes several stages:

How the Uncontested Divorce Process Works

How Does the Stepparent Adoption Process Work?

Some Important Considerations in an Uncontested Divorce

While you and your spouse may intend to end your marriage amicably, it is still vitally important that you each understand your rights and what you may be entitled to in the divorce before signing off on any agreements. Key things to consider include:

Implications for Both Parties

Why Work with Seasoned Divorce Attorneys

While you may get along well during your divorce process, it is still strongly advised that you both consult your own independent divorce lawyers rather than attempting to navigate even an uncontested divorce alone. Seasoned divorce attorneys have extensive expertise with all types of divorces across many states and can help ensure your rights are protected. Key benefits of working with expert FBA Law attorneys include:

During an uncontested divorce, both spouses agree to waive their right to a trial and sign off on all the details of the divorce, including:

An experienced divorce attorney can help explain state laws regarding the division of assets and debts, support payments, and other aspects of your divorce. They can also provide guidance on crafting mediation agreements that will hold up legally while allowing both spouses to move forward. This can give you confidence that your rights are protected even while having an amicable, uncontested split.

During an uncontested divorce, both spouses agree to waive their right to a trial and sign off on all the details of the divorce, including:

Grounds for divorce (such as irreconcilable differences, adultery, or other approved reasons per state law)
Division of all marital assets and debts
Child custody arrangements and visitation schedules
Child support payment amounts
Spousal support or alimony expectations, if applicable

The spouses then file for divorce by submitting the appropriate paperwork that includes all of these details you have mutually agreed upon. This is often done with the assistance of an attorney to ensure state laws and proper legal procedures are followed, and to ensure that all issues are resolved. The paperwork and your agreements will then be reviewed and approved by a judge, finalizing the divorce.

Ensuring the division of all assets, including properties, investments, retirement accounts, collectibles, and more, is equitable based on state laws
Agreeing on child custody arrangements that allow involvement of both parents and are truly in the best interests of any children
Determining realistic spousal support expectations given both spouses’ incomes and circumstances
Understanding implications of any property transfers, account divisions, or support payments

In-depth understanding of family laws and divorce procedures in your state
Ability to explain all your options clearly so agreements meet legal standards
Knowledge to anticipate any potential future issues with initial agreements
Ensuring the details and paperwork are handled properly to avoid problems
Availability to answer any questions you have along the way
Making the overall process as straightforward as possible

The team at FBA Law has guided countless clients through all types of divorces with success over many years. Our experience as both family and probate lawyers allows us to assist with even amicable uncontested splits, ensuring a fair and balanced outcome while saving clients stress, time, and money compared to contesting divorce details down the road. They can make the process as smooth as realistically possible, allowing both parties to move forward while still protecting your rights and interests. Contact FBA Law today to learn more or get started with your uncontested divorce case.

Unfit Parent

Thu, 28 Aug 2025 20:40:00 GMT

What Is an Unfit Parent?

Parental fitness is a term often used in legal and social contexts to assess a caregiver’s ability to meet the needs of their children. An “unfit parent” refers to an individual whose behavior, actions, or circumstances may jeopardize the well-being and safety of their children. Legally, the concept of unfit parenting varies, but it generally involves behaviors or conditions that compromise a parent’s ability to provide a safe and nurturing environment.

What is an Uncontested Divorce?

How the Uncontested Divorce Process Works
Some Important Considerations in an Uncontested Divorce
Why Work with Seasoned Divorce Attorneys

Characteristics of Unfit Parents

Types of Unfit Parenting

In the legal realm, unfit parenting is a complex issue. Courts consider various factors such as substance abuse, neglect, and mental health when determining parental fitness. Legal perspectives aim to strike a balance between protecting the rights of parents and ensuring the welfare of the children involved. If a parent is deemed unfit, there could be an emergency custody hearing.

Behavioral Indicators of Unfit Parenting: Unfit parenting often manifests through observable behaviors. These may include consistent neglect, physical or emotional abuse, or an inability to provide necessities for the child. Behavioral indicators also encompass a lack of involvement in a child’s education, health, and overall development.
Impact on Children and Family Dynamics: The consequences of unfit parenting are profound and far-reaching. Children raised by unfit parents may experience emotional trauma, developmental delays, and difficulties forming healthy relationships. Family dynamics are strained, often marked by conflict, instability, and an overall lack of support.

Substance Abuse and Its Role in Unfit Parenting: Substance abuse is a common factor contributing to parental unfitness. Whether it involves alcohol, drugs, or prescription medication, addiction can impair judgment, compromise caregiving abilities, and create an unsafe environment for children.
Neglect and Its Implications on Parental Fitness: Neglect can be as damaging as active abuse. It involves a failure to provide adequate supervision, nutrition, medical care, or emotional support. Neglectful parents may be physically present but emotionally absent, leading to severe consequences for a child’s well-being.

Psychological Aspects

Mental Health Considerations in Assessing Parental Fitness: Assessing parental fitness requires an understanding of mental health issues. Conditions such as depression, anxiety, or personality disorders can impact a parent’s ability to provide a stable and supportive environment. Courts often consider the severity of these conditions and their impact on parenting abilities.
Impact of Untreated Mental Health Issues on Parenting: When mental health issues go untreated, they can exacerbate parenting challenges. Unaddressed mental health conditions may contribute to inconsistent caregiving, emotional instability, and strained parent-child relationships.

Reach Out To FBA Law If You Are Facing Parental Fitness Issues

If you find yourself facing legal challenges related to parental fitness, reaching out to legal experts, such as those at FBA Law, can be crucial. FBA Law specializes in family law matters, and our experienced attorneys can provide guidance, legal representation, and support throughout the legal process, ensuring that your rights and the well-being of your children are safeguarded.

Understanding and addressing the issue of unfit parenting requires a comprehensive approach that considers legal, behavioral, psychological, and societal factors. By exploring the characteristics, types, and interventions associated with unfit parenting, we can work towards creating a supportive environment that prioritizes the welfare of children while respecting the rights of parents.

Military Divorce Checklist: A Comprehensive Guide

Wed, 07 May 2025 03:34:28 GMT

Navigating a military divorce can be challenging, with its unique blend of state and federal laws, logistical hurdles, and emotional strain. To help you through the process, this comprehensive checklist provides a step-by-step guide. Whether you’re the service member or the spouse, these steps can help you feel empowered and prepared for the road ahead.

Step 1: Gather Important Documentation

Having the right documents is crucial for a smooth divorce process. Start by collecting the following items:

Personal Records
Marriage certificate
Birth certificates of children (if applicable)
Social Security numbers for all family members
Military Records
Leave and Earnings Statement (LES)
Records of service, deployment, and duty stations
Details of military benefits (e.g., TRICARE, housing)
Financial Records
Bank and credit card statements
Investment and retirement account details (including Thrift Savings Plans)
Mortgage or lease agreements and property titles
Legal Documents Prenuptial or postnuptial agreements
Power of Attorney or Living Will (if applicable)

Being organized with these documents will save time, reduce confusion, and make the process smoother for both you and your attorney.

Step 2: Choose the Right Jurisdiction

Military divorces present unique challenges when deciding where to file. Depending on your circumstances, you may be able to file in one of three jurisdictions:

The state where the service member claims residency
The state where the spouse resides
The state where the service member is stationed

Each option has its own implications regarding residency requirements, property division laws, and other legal factors. Work with an experienced attorney to determine the best jurisdiction for your case.

Step 3: Understand Key Federal Laws

Certain federal laws impact military divorces. Familiarizing yourself with these regulations is essential to protect your rights:

The Uniformed Services Former Spouse Protection Act (USFSPA): Allows state courts to divide military retirement as marital property and offers protections for spouses meeting the 10/10, 20/20/15, or 20/20/20 rules.
Servicemembers Civil Relief Act (SCRA): Provides active-duty service members the option to delay court proceedings, ensuring they can focus on their duties without losing rights.

Understanding these laws with the help of a military divorce attorney ensures a fair settlement.

Step 4: Address Financial Considerations

Military divorces often involve complex financial issues, such as dividing assets and benefits. Consider the following:

Division of Military Pension: The USFSPA determines how pensions are divided, with direct payments handled by the Defense Finance and Accounting Service (DFAS) if the marriage qualifies under the 10/10 rule.
Thrift Savings Plans (TSP): Discuss how these will be split in your settlement.
Spousal and Child Support : Basic Allowance for Housing (BAH) and other income sources may affect support payments.
Tax Implications: Understand how asset division, alimony, or retirement distributions may impact your taxes.

Seeking advice from a financial advisor or CPA with military experience can help you make informed decisions.

Step 5: Plan Child Custody and Visitation

Frequent relocations and deployments can make child custody arrangements difficult. When creating your plan:

Consider the best interests of the child and how the military lifestyle impacts stability.
Include temporary custody provisions for deployments or training periods.
Make arrangements for virtual visitation during absences.
Address long-term holiday and school schedules, including travel logistics.

It’s essential to remain flexible and work toward an agreement that minimizes disruptions to your children’s routines.

Step 6: Review Housing and Healthcare

Military divorces can result in significant changes to housing and healthcare benefits.

Housing: If living on-base, the non-military spouse typically loses access within 30 days of the divorce. Plan for alternative living arrangements early.
Healthcare: Spouses losing TRICARE eligibility may need to explore transitional coverage under the Continued Health Care Benefit Program (CHCBP) or enroll in a private plan. Ensure ongoing coverage for children as well.

Understand how the end of military benefits could affect your finances and start planning accordingly.

Step 7: Update Your Estate Plans and Legal Documents

Once the divorce is finalized, review and revise any existing legal plans. Updates should include:

Will
Power of Attorney
Living Will or Medical Directives
Beneficiaries on life insurance and retirement accounts

Ensure your plans reflect your new circumstances and financial arrangements. If you have minor children, designate guardians and outline inheritance protocols to provide security for their future.

Step 8: Seek Specialized Legal Counsel

Military divorces require expertise in both federal and state-specific laws. Choose a qualified attorney who understands:

The complexities of military pensions, benefits, and the USFSPA.
How federal laws like the SCRA interact with state custody and property division rules.
Military schedules, relocations, and deployment challenges.

Working with the right lawyer ensures that your rights are fully protected and simplifies the divorce proceedings.

Step 9: Manage Emotional and Logistical Challenges

Divorce is emotionally draining under any circumstances, and military life adds unique stressors. To ease the burden:

Lean on resources like Military OneSource for counseling support and advice.
Speak with trained mediators if communication breaks down with your spouse.
Focus on self-care and seek support from trusted friends and family.

Finally, keep track of deadlines, paperwork, and agreements throughout the process. Maintain a positive, proactive mindset, and don’t hesitate to ask for help when needed.

Get Prepared

Military divorce brings complex challenges, but with the right preparation and professional support, you can effectively navigate the process. Follow this checklist, stay informed, and work closely with experienced legal and family law experts to safeguard your interests and create a secure foundation for the future.

Why Men Should Consider Hiring a Female Attorney in Divorce Cases

Mon, 14 Apr 2025 03:08:47 GMT

Divorce is never easy. It’s a time filled with uncertainty, emotional challenges, and the need to make critical decisions about your future. During this process, the choice of a divorce attorney can have a significant impact on the outcome of your case and your peace of mind throughout the proceedings. While many factors go into selecting the right legal partner, one consideration that often goes overlooked is the potential benefits of hiring a female attorney to represent you in a divorce.

A Unique Perspective on Divorce Cases

Female attorneys often bring a fresh and unique perspective to divorce cases. Historically, the legal system has been riddled with gender stereotypes, particularly in matters relating to custody, alimony, and family dynamics. Female attorneys understand these biases and have a nuanced approach to addressing them, helping ensure that men’s rights are fairly represented.

For men navigating divorce, this ability to challenge stereotypes is invaluable. Whether it involves custody battles or financial arrangements, a female attorney is often adept at countering biases and working to present a balanced and compelling case.

Empathetic Communication and Relationship-Building

One of the hallmarks of many successful female attorneys is their ability to foster open communication and build trust with their clients. Divorce litigation is deeply personal, and many men find it challenging to express their concerns and articulate what matters most to them. Female lawyers often excel in creating a more empathetic and approachable atmosphere that encourages clients to share openly.

Empathy doesn’t mean lacking firmness, though. Female attorneys blend emotional intelligence with professional rigor. This balance often helps men feel heard, validated, and supported while securing strong advocacy in the courtroom.

Skilled Negotiation Tactics

Negotiation plays a central role in resolving many divorce cases without prolonged court battles. Female attorneys are often recognized for their superior negotiation skills. They approach disputes with a calm yet assertive demeanor, focusing on de-escalating conflict while advocating for fair and equitable outcomes.

For men in divorce cases, this style of negotiation can be a game-changer. Instead of worsening already tense relationships, skilled female negotiators often find pathways to amicable resolutions. This not only reduces stress and time involved in a case but also preserves more cooperative dynamics—especially important if children are involved.

The Expertise of Caryn Fennell and Lacey Briasco at FBA Law Firm

At Fennell, Briasco, & Associates, the firm’s accomplished female attorneys exemplify the qualities that make women such strong advocates in divorce proceedings. Caryn Fennell, the firm’s Founding Partner, and Lacey Briasco, the Managing Partner, have dedicated their careers to providing exceptional legal representation for clients in the Metro Atlanta area. Each brings years of experience, deep knowledge of family law, and a commitment to prioritizing the well-being and rights of their clients.

Working with attorneys like Caryn and Lacey means having a team that understands the complexities of divorce law and is committed to achieving the best possible outcome. Their empathetic, strategic, and personalized approaches allow them to meet the unique needs of every client, ensuring men and women alike feel empowered and supported through the process.

Breaking Stereotypes and Building Success

The choice to hire an attorney is a deeply personal one, and every case is different. However, for men going through a divorce, hiring a female attorney can provide a distinctive set of advantages. From breaking gender stereotypes to fostering better communication and negotiation, they bring powerful tools to the table that can change the course of a case.

If you’re considering divorce and need strong representation, the female attorneys at Fennell, Briasco, & Associates are here to help. As family lawyers in the Woodstock area , their team is dedicated to tackling your legal issues with compassion, professionalism, and relentless support.

Contact Fennell, Briasco, & Associates today for a free consultation and learn how their team of experienced female attorneys can help you protect your rights and achieve your goals during this challenging time.

Frequently Asked Questions

Unique Challenges of Military Divorce and How to Overcome Them

Mon, 14 Apr 2025 03:00:14 GMT

Divorce is never easy, but military divorces come with their own set of complexities that make the process particularly challenging. Whether it’s navigating unique laws, dealing with jurisdictional issues, or handling the impact of deployments on child custody and visitation , military couples often face hurdles that civilians don’t encounter. If you or your spouse are in the armed forces, understanding these challenges—and how to overcome them with military divorce guidance , the process smoother and less stressful.

Key Challenges in Military Divorce

1. Jurisdiction and Location Issues One of the first questions in a military divorce is where to file. Unlike civilian divorces, where jurisdiction is typically tied to residency, military divorces can involve multiple options. Courts could determine jurisdiction based on the service member’s legal residence, the spouse’s residence, or the location where the service member is stationed. This flexibility can complicate things, particularly when spouses live in different states—or even countries.

2. The Role of Federal Laws Military divorces differ from civilian divorces due to the involvement of federal laws like the Uniformed Services Former Spouses’ Protection Act (USFSPA) and the Servicemembers Civil Relief Act (SCRA).

USFSPA allows state courts to treat military pensions as marital property and divide them during a divorce. Understanding who is entitled to what, and when, can require specialized legal advice.

SCRA protects service members by temporarily halting or postponing legal proceedings—like divorce or custody hearings—due to active deployment or other military responsibilities. While this law ensures fairness, it can delay the legal process and cause prolonged uncertainty.

3. Child Custody Complications Child custody decisions in military divorces are far from straightforward. Deployments, frequent relocations, and unpredictable schedules can make it difficult for service members to commit to a traditional custody arrangement. The SCRA further complicates matters by allowing custody to be temporarily suspended during active duty, creating potential challenges for both parents.

4. Dividing Military Benefits Military divorces must also address unique assets like pensions, benefits, and healthcare. For example, military spouses may be entitled to commissary, medical, and exchange privileges under certain circumstances, but eligibility depends on the marriage’s duration and the service member’s length of service. Dividing these benefits equitably can be complicated without expert legal guidance.

5. Communication Barriers Military life often involves long distances, deployments, and intense schedules, which can affect communication between divorcing spouses. Poor communication can slow down negotiations and worsen conflicts, making it harder to reach a settlement.

How to Overcome These Challenges

1. Seek Legal Expertise Military divorce is a complex area of law that involves both state and federal regulations. Choosing an attorney with experience in military divorce ensures you’ll have someone who understands your unique situation and can guide you through jurisdictional challenges, benefit divisions, and custody arrangements. Specialized military divorce lawyers, like those at Fennell, Briasco, & Associates, can help you protect your rights and achieve a fair resolution.

2. Understand Your Legal Rights Education is key when navigating the complexities of a military divorce. Take the time to learn about laws that might affect your case, such as the SCRA, USFSPA, and TRICARE benefit rules. Being informed puts you in a stronger position to make decisions that protect your interests.

3. Focus on Effective Communication Effective communication can help minimize misunderstandings and conflicts. If direct communication isn’t possible due to tensions or distance, consider using mediation or online tools to facilitate discussions and negotiations.

4. Plan Child Custody Strategically When it comes to child custody, flexibility is crucial in military divorces. Work with your ex-spouse to create a custody plan that accounts for potential deployments or relocations, and consider including provisions to address unexpected scheduling changes. Courts tend to prioritize the child’s best interests, so a well-thought-out plan can go a long way toward ensuring stability and fairness.

5. Plan for Financial Implications Military divorces can involve complicated financial divisions, especially when pensions and benefits are on the line. Having a clear understanding of how these assets will be split—and making adjustments to your financial plans accordingly—can help you avoid surprises. Consulting a financial adviser or attorney with expertise in military benefits is a smart step to protect your future.

Why Legal Guidance Matters

Military divorces require specialized knowledge of both civilian and military laws to ensure a fair outcome for both parties. Lawyers who concentrate on military family law, like those at FBA Law Firm, have experience navigating these complicated processes. They can help with everything from determining the right jurisdiction to dividing benefits and creating custody plans, setting you up for the best possible results.

Partner With Professionals

Military divorces are different from civilian divorces in every sense. Trying to manage them alone can lead to mistakes or missed opportunities to protect your rights. Specialized attorneys not only simplify the process but also provide peace of mind, allowing you to focus on what matters most—your family and your future. Fennell, Briasco, & Associates have helped many in military with their divorce and family matters.

Strategic Approach is Paramount

Going through a military divorce comes with unique challenges, but with the right approach and professional support, you can overcome them. Focus on understanding your rights, working toward amicable resolutions, and seeking professional help when needed. By doing so, you’ll be better equipped to protect your interests and begin the next chapter of your life with confidence. Whether it’s navigating jurisdictional issues, dividing benefits, or tackling custody arrangements, a strategic and informed approach can make all the difference.

Frequently Asked Questions

2025 Georgia Child Support Law Changes: What Recipients and Payees Need to Know

Thu, 20 Feb 2025 22:11:03 GMT

The 2025 updates to Georgia’s child support laws introduce significant changes that will impact both custodial and noncustodial parents. Understanding these updates is important for ensuring compliance and preparing for any adjustments in child support obligations. Changes in child support in Georgia include revisions to payment calculations, new considerations for low-income payees, and mandatory parenting time adjustments. Below, we break down the key updates and how they may affect child support recipients (custodial parents).

Changes Impacting Child Support Recipients (Custodial Parents)

Updated Child Support Guidelines: Higher Payments for Some

Georgia has revised its Basic Child Support Obligation (BCSO) table, which directly affects how much support custodial parents can receive. The new BCSO guidelines account for updated cost-of-living factors and may result in higher payments, particularly for those with higher combined parental incomes. Recipients should review the updated BCSO table to understand how these changes could impact their case.

Low-Income Payees: How This May Affect Your Support Payments

One of the most notable updates is the introduction of a Low-Income Adjustment Table that aims to balance the financial responsibilities for payees with limited income. For custodial parents, this adjustment may mean changes in the support amount received, as the system now considers the payee’s ability to pay more comprehensively. This update provides more equitable outcomes but could reduce payments in some cases.

Parenting Time Adjustments: A Potential Reduction in Support Coming in the Future

Starting in 2026, Georgia will implement mandatory parenting time adjustments. This new provision will calculate child support based on the amount of parenting time each parent has with the child. For custodial parents, this means that if the noncustodial parent increases their parenting time, it could result in a reduction of child support payments. Understanding how parenting time schedules impact support calculations will be essential for recipients moving forward.

To stay informed and ensure your child support arrangements comply with these updates, consult with an experienced family law attorney . At FBA Law, we are here to guide you through the complexities of Georgia’s child support laws and advocate for your rights.

Updates Affecting Child Support Payees (Noncustodial Parents)

Income Adjustments for Low-Income Parents

Recent changes to Georgia’s child support laws introduce a new Low-Income Adjustment Table, aimed at making support obligations more manageable for parents with limited financial resources. Under the revised guidelines, parents earning between $1,550.00 and $3,950.00 per month ($18,600.00 – $47,400.00 annually) could receive adjustments to their child support calculations.*

These adjustments ensure that parents with lower incomes are not burdened with child support payments that could push them into financial instability. Instead, obligations will now better reflect a payee’s ability to contribute while still prioritizing the child’s best interests. Courts will now take a more nuanced approach to calculating payments, ensuring that noncustodial parents can still afford essential living expenses while meeting their responsibilities.

Parenting Time and Support Adjustments

A major shift in Georgia’s child support calculations is the mandatory parenting time adjustment, set to take effect on January 1, 2026. Previously, courts had discretion when factoring in how much time a noncustodial parent spent with their child. Under the new law, parenting time must be considered in all child support determinations. Some Courts are already moving towards implementing this adjustment prior to the mandatory implementation date.

This means that noncustodial parents who have significant or nearly equal parenting time under a shared custody arrangement may see a reduction in their support obligations. The law recognizes that active parenting time comes with financial contributions, such as housing, food, transportation, and other child-related expenses.

Low-income parents earning between $1,550.00 and $3,950.00 per month will have adjusted support obligations, ensuring fairness and financial stability.
Starting in 2026, parenting time adjustments will be mandatory, potentially reducing payments for noncustodial parents who have significant custody time.
These changes create a more balanced child support system, recognizing both financial realities and the contributions of involved parents.

Key Takeaways

Preparing for the Changes in 2025 and Beyond

As new Georgia child support laws take effect, it’s more important than ever for parents to understand their rights and responsibilities. Consulting a family law attorney can provide clarity and guidance, ensuring you’re fully prepared for these changes. At FBA Law Firm, we’re here to help you navigate the new regulations and protect your family’s future with expert legal support.

How to Reevaluate Parenting Agreements for 2025

Thu, 23 Jan 2025 22:03:49 GMT

The start of a new year often inspires reflection and change. For parents navigating shared custody, it’s the perfect time to reevaluate parenting agreements to ensure they meet the evolving needs of your children and family. Life rarely stands still, and what worked last year might not fit anymore. That’s why taking the time to review your custody and visitation plan or for 2025 can pave the way for a smoother year ahead—one that prioritizes your children’s well-being and supports healthy co-parenting.

Why Reevaluate Your Custody Plan?

Parenting agreements are not set in stone. They’re designed to support your family’s unique dynamics, which can shift over time. Here are some key reasons to consider revisiting your custody plan as the new year begins:

Children’s Changing Needs

Kids grow fast, and their needs change just as quickly. A schedule that worked when your child was in elementary school may no longer suit their middle or high school commitments. Extracurricular activities, academic demands, and social lives often require adjustments to parenting time arrangements.

Changes in Parental Circumstances

Life events like a new job, relocation, or changing work hours can impact your ability to stick to the current custody plan. Reevaluating ensures that both parents can fulfill their responsibilities while maximizing time with their children in a way that works for everyone.

Legal Updates

Custody laws and regulations might have been modified, or new policies may apply to your situation. Consulting with legal professionals ensures your agreement remains compliant and enforceable.

Communication and Cooperation

Practical Tips for Reevaluating Parenting Agreements

If conflicts or challenges arose during the past year, now is the time to tackle them head-on. Revisiting your plan can help strengthen co-parenting efforts and establish better communication for the future.

Reassessing a custody agreement doesn’t have to be overwhelming. These steps can help you approach the process amicably and effectively:

1. Schedule a Co-Parenting Discussion

Choose a neutral space and time for both parents to review the current arrangement together. Use this opportunity to share observations about what’s working and what isn’t. Focus on finding common ground and putting your children’s best interests first.

2. Evaluate Current and Future Needs

Take stock of how well the current schedule aligns with your children’s needs and activities. Will they need more stability during exams? Do extracurriculars require more flexibility? Think ahead to any milestones or transitions they may face in 2025.

If you agree on modifications, put them in writing. Even small adjustments should be documented to avoid misunderstandings later. It’s also a good idea to include steps for resolving future disputes or addressing unforeseen circumstances. While custody cannot be modified without a Court Order, writing down your agreement makes updating your formal Court documents easier and ensures both parties are on the same page.

3. Document Changes

4. Consult Legal Counsel

Having an updated and enforceable agreement is critical. A family law attorney can review the proposed changes and ensure they comply with court standards while ensuring that a parent’s rights are protected and that the children’s best interests are being served.

5 . Seek Mediation if Needed

Co-parenting discussions can sometimes hit roadblocks, even when both parties have the best intentions. A neutral mediator can help facilitate conversations and guide you toward mutually beneficial solutions.

The Benefits of an Updated Custody Plan

By taking the time to adjust your agreement, you’re setting your family up for success in the year ahead. A flexible, tailored custody plan fosters stability and reduces conflict, ensuring a healthy environment for your children to thrive. It also allows both parents to feel heard and respected, strengthening cooperation as you move forward.

Remember, life changes, and your parenting plan should, too. Whether it’s tweaking the schedule, redefining communication protocols, or addressing new circumstances, updating your custody agreement is a proactive step toward a better co-parenting relationship and a happier future for your family.

Partner with Professionals to Help

Navigating custody arrangements can feel complex, but you don’t have to do it alone. Consulting experienced family law professionals can make all the difference in ensuring your plan reflects your unique family dynamics and complies with legal requirements. The family attorneys at Fennell, Briasco, & Associates specialize in custody issues and are dedicated to helping families create agreements that work. They understand the challenges of co-parenting and will provide valuable insights to help you reach resolutions that benefit everyone involved.

As 2025 begins, give your family the gift of clarity and cooperation. Start by reevaluating your custody plan—because when you prioritize your children’s happiness and security, everyone wins.

FAQ's

What to Know About Georgia Separate Maintenance: A Guide

Thu, 26 Dec 2024 21:56:03 GMT

Navigating marital challenges can be overwhelming, especially when considering the legal steps required to separate from a spouse. Separate Maintenance (known as Legal separation in some states) emerges as an alternative for couples who are not ready to file for divorce but need clarity and structure in their living arrangements.

While many states in the U.S. offer legal separation as a formalized process, Georgia does not have a specific statute devoted to it. Instead, Georgia provides an option known as separate maintenance, which functions similarly to what most people think of as legal separation. Separate maintenance allows couples to define their rights and responsibilities—like child custody, spousal support, and property division in divorce — without formally ending their marriage.

This blog aims to guide you through the essential details of Georgia’s Separate Maintenance process, explaining its key components and what you need to know about filing for separate maintenance.

What is Separate Maintenance in Georgia?

Separate Maintenance is a formal process that outlines the responsibilities and rights of spouses who are living apart. Unlike a divorce or annulment, separate maintenance does not end the marriage. Instead, it establishes boundaries and obligations while the couple remains legally married. For example, while you separate your living arrangements, property, and finances, you are still prohibited from remarrying.

Since Georgia does not offer a legal separation statute in the traditional sense, couples must turn to separate maintenance , which is the state’s alternative to legal separation. Separate maintenance addresses almost all the same aspects as a divorce, such as alimony, child custody, and the division of marital assets, but it does not dissolve the marriage. This makes it a suitable choice for couples who, for personal, religious, or financial reasons, want to remain married but live separate lives.

The purpose of separate maintenance is to provide structure to the separation period, ensuring both parties have clear guidelines on their roles and responsibilities while apart.

The Process of Separate Maintenance

The process of seeking separate maintenance in Georgia can feel complex, as it involves significant legal and personal considerations. However, understanding the basic steps and what to expect can make the experience more manageable.

Filing the Correct Paperwork

The first step is preparing and filing the necessary paperwork with the court. The type of forms required depends on whether the couple has children. For example, if children are involved, additional documentation will be needed to address custody, visitation rights, and child support. Ensuring you utilize the correct documents is crucial, as errors or omissions can delay the process.

To pursue separate maintenance, one must establish valid grounds for separation. Georgia allows two main types of grounds:

Defining the Grounds for Separation

Mutual Agreement: Both spouses agree to separate without blaming the other for specific misconduct. This is similar to the “no-fault” option in a divorce.
Misconduct by One Party: This could include behaviors such as adultery, domestic violence, abandonment, or substance abuse. Filing on these grounds requires evidence to support the claim.

Resolving Key Issues

Separate maintenance hearings address almost all the same issues as a divorce, except the final dissolution of the marriage. The court will issue orders on the following matters:

Alimony (spousal support): Determining whether one spouse needs financial support and the amount that is fair.
Child Custody and Visitation: When children are involved, the court ensures their best interests are prioritized.
Child Support: Calculations for financial contributions toward a child’s care from one or both parents.
Asset and Debt Division: Identifying and dividing marital property and debts.
Temporary Restraining Orders (if applicable): Issued in cases where there may be safety concerns related to domestic violence or harassment.

The resolution of these issues is legally binding, and spouses are required to adhere to the court’s orders while living separately.

Special Consideration for Couples with Children

For couples with children, additional filings and negotiations are necessary to protect the welfare of the children involved. This includes agreements or court orders on custody arrangements, parenting time schedules, and financial support. These issues are carefully handled to ensure the children’s needs and stability are prioritized throughout the process.

By choosing separate maintenance, couples can establish a legally recognized arrangement that provides structure and certainty during their separation. While this process does not formally and legally end the marriage, it does address critical aspects similar to a divorce. Working with an experienced family law attorney can make navigating these steps far smoother and more efficient. With professional guidance, you can ensure your rights and interests are fully protected while you plan for your future.

Georgia Legal Separation Checklist

When you’re dealing with a legal separation in Georgia, it helps to have a clear understanding of the process and reliable support along the way. Here’s a checklist to guide you, along with how the divorce lawyers and legal separation experts at FBA Law Firm Woodstock GA can make each step easier for you:

Georgia doesn’t have a traditional legal separation, but through separate maintenance, couples can resolve key issues like finances and custody without ending their marriage. We’re here to help you explore whether this option suits your needs.

Understand the Concept of Separate Maintenance

Decide on Mutual Agreement or Identify Grounds for Separation

Whether you and your spouse agree to separate or specific issues such as adultery or abandonment are involved, determining the grounds is an important step. Our attorneys will help you assess your situation and plan the best course of action.

Prepare and File the Correct Paperwork

Filing the right paperwork is critical and can feel daunting, especially with additional requirements if children are involved. We’ll guide you through the process, handling the details so you can focus on what matters most.

A separation involves resolving several important matters, such as:

Work Through Key Issues

– Alimony and financial support

– Child custody and visitation schedules

– Child support obligations

– Division of assets and debts

Navigating these discussions can be tough, but with our help, you can feel confident that your rights and priorities are protected.

Follow Court Orders for Spousal and Child Support

Compliance with court orders is essential once they’re in place. We’ll ensure your needs are represented from the start and help you fully understand the details of any orders issued.

Get Professional Guidance and Support

Tackling legal separation on your own can be overwhelming. Having legal experts on your side makes a real difference. At FBA Law Firm, we’re here to provide the guidance and representation you deserve every step of the way.

Explore Legal Separation with FBA Law Firm

Taking the first steps toward legal separation can be challenging. But with the right support, you can get through it with confidence and clarity. At FBA Law Firm, we’re dedicated to helping you through the process, whether it’s filing paperwork, resolving custody issues, or addressing financial concerns.

If you’re ready to move forward or have questions, we’re here to help.

The Importance of Hiring a Local Family Lawyer in Divorce Cases

Fri, 08 Nov 2024 21:38:14 GMT

Divorce is often a turbulent journey marked by both emotional and legal challenges. The dissolution of a marriage can ignite a whirlwind of emotions, from heartbreak to frustration, while simultaneously navigating a complex legal terrain. During such a tumultuous time, the choice of legal representation becomes crucial. A competent local family lawyer can make all the difference in easing the process, and addressing disputes over child custody, alimony, and property division with a strategic and empathetic approach.

With a profound understanding of the local legal environment, Fennell, Briasco & Associates is uniquely equipped to guide clients through the intricacies of contested divorces. Our attorneys bring a wealth of experience, handling divorce cases for clients across the Metro Atlanta area, including Cherokee, Cobb, Fulton, and Forsyth Counties. By choosing a local family lawyer from Fennell, Briasco & Associates, clients benefit from our intimate knowledge of Georgia’s legal nuances and our ability to navigate the court systems effectively, ensuring that their clients’ interests are safeguarded at every step.

Understanding Local Laws and Regulations

Understanding that laws can significantly differ not only from state to state but also within various regions is crucial. Each county has its own set of family law regulations that govern everything from alimony and child custody to the division of marital assets. Within Georgia, the legal landscape is particularly unique, and navigating it requires a lawyer who is not just familiar with the statutes but also adept at interpreting and applying them effectively in local cases.

The importance of having a lawyer who is well-versed in Atlanta metro-area family law regulations cannot be overstated. Such an attorney can anticipate challenges, streamline the legal process, and craft strategies tailored to the specific demands of the case within the jurisdiction. This local expertise ensures that clients are not only compliant with the law but also positioned to achieve the best possible outcomes.

Fennell, Briasco & Associates has a proven local track record and a deep understanding of Georgia’s legal framework. With years of experience handling contested divorces across the state, we possess an intimate knowledge of the statutes and precedents that influence divorce proceedings. Our expertise extends beyond just the letter of the law; they are skilled in maneuvering through the nuances of the Georgia legal system. This ensures that their clients benefit from informed legal guidance that is both strategic and pragmatic, providing a distinct advantage in divorce cases.

Familiarity with Local Courts and Judges

One of the significant benefits of choosing a local family lawyer is their familiarity with the court systems and judges specific to the area. Understanding how local courts operate and having insight into the tendencies and preferences of local judges can offer a strategic advantage in divorce cases. Each judge may have different approaches to handling cases, and knowing these differences can help tailor legal strategies that align with the court’s expectations, allowing our team to most effectively fight for your family’s best interests.

Fennell, Briasco & Associates boast extensive experience navigating the court systems in Cherokee, Cobb, Fulton, and Forsyth Counties. This deep-rooted familiarity affords us an invaluable perspective when representing clients, as we can anticipate procedural nuances and judicial preferences, thereby optimizing our legal strategies. Our seasoned divorce attorneys are adept at leveraging this local expertise to advocate effectively for their clients, ensuring that each case is presented with the utmost precision and preparedness.

Such intimate knowledge of the local judicial landscape enables the team at Fennell, Briasco & Associates to provide clients with informed guidance, ensuring your legal journey is as smooth and successful as possible. By choosing a lawyer familiar with the local courts and judges, clients can proceed with confidence, knowing that their legal representation is not only well-versed in the law but also intimately connected to the judicial environment in which their case will be heard.

Personalized and Accessible Legal Support

Having a legal team close to home ensures that consultations and updates are convenient and timely. This proximity facilitates face-to-face interactions, which are crucial for building trust and understanding between the lawyer and client. Personalized service becomes more accessible as clients can easily meet with their attorneys to discuss case developments, ask questions, and receive tailored advice that considers both legal and personal circumstances.

Contact Fennell, Briasco & Associates for Your Georgia Divorce

When faced with the complexities of divorce, hiring a local family lawyer should be the first step. Fennell, Briasco & Associates provides an unmatched level of personalized service, fostering strong client relationships through accessibility and communication. We have developed a stellar reputation in Cherokee County, Cobb County, Fulton County, and Forsyth County because we understand the complex local legal landscape. If you have been searching for a “ divorce lawyer near me “, Fennell, Briasco & Associates is the answer.

Our team of experienced family lawyers specializes in divorce and related matters, including child custody, property division, alimony, and more. We understand that each case is unique and requires a tailored approach to achieve the best possible outcome. With our extensive family law services and dedication to client satisfaction, Fennell, Briasco & Associates has become a trusted choice for Atlanta metro-area individuals facing the challenges of divorce.

Navigating Divorce: Our Guide to Georgia Child Custody and Support

Thu, 31 Oct 2024 21:46:49 GMT

Navigating the complexities of child custody laws in Georgia can be daunting for parents going through a divorce or separation. Understanding the legal framework and the process involved is crucial for parents aiming to make informed decisions that prioritize their children’s best interests.

Overview of Georgia Child Custody Laws

Types of Custody Arrangements

In Georgia, child custody and visitation arrangements are primarily divided into two categories: physical custody and legal custody.

Physical Custody: This determines where the child will live. It can be sole, where only one parent has custody, or joint, where both parents share custody. Typically, one parent is designated as the primary physical custodian, while the other is the secondary custodian, facilitating regular time spent with the child.
Legal Custody: This refers to the authority of a parent to make major decisions about the child’s welfare, including education, health care, religious upbringing, and extracurricular activities. Joint legal custody is common, promoting collaborative decision-making between parents. However, if consensus cannot be reached, the primary physical custodian often has the final say on these matters.

Legal Process for Custody Determination

The legal process for determining custody in Georgia involves several key steps:

Filing a Petition: Custody cases typically begin with filing a petition, either as part of a divorce, separation, or modification of an existing order. This includes submitting a proposed parenting plan.
Jurisdiction and Notice: Establishing the correct jurisdiction is critical, as is notifying the other parent of the legal action through a process called service of process.
Temporary Hearings and Mediation: Initial hearings may set temporary custody arrangements. Many courts require and encourage mediation to help parents reach amicable agreements without a full trial.
Discovery and Trial: If mediation fails, the case may proceed to discovery and trial, where evidence and testimonies are gathered and presented. The judge ultimately decides the custody outcome when parties cannot come to an agreement on a custody arrangement.
Final Custody Order and Enforcement: The judge issues a final custody order, outlining the agreed-upon or court-decided custody arrangement. Post-trial, compliance with this order is mandatory, with legal remedies available for enforcement if necessary.

Factors Considered by Georgia Courts

Georgia courts base custody decisions on the child’s best interests, evaluating various factors without favoring either parent. Key considerations include:

Parent-Child Relationship: The emotional ties and bonds between each parent and the child.
Parental Capacity: Each parent’s ability to provide love, guidance, and continuation of education.
Family Support and Stability: The presence of a supportive family environment and community ties.
Parental Involvement: Historical involvement in the child’s life, including education and extracurricular activities.
Health and Safety: The physical and mental health of the parents, and any history of substance abuse or family violence.

Understanding these aspects helps parents navigate the legal landscape of child custody in Georgia, ensuring they make decisions that are in the best interests of their children. Speak with an expert child custody lawyer from the FBA Law firm today for more information.

Understanding Child Support in Georgia

Understanding how child support is structured and calculated in Georgia is essential for parents navigating divorce or separation. The state uses a specific set of guidelines to ensure that the financial needs of children are met, prioritizing their well-being and best interests.

Calculating Child Support

Georgia employs the “Income Shares Model” to determine child support obligations. This model considers the combined income of both parents to estimate the financial support a child would have received if the household remained intact. Key steps in calculating child support include:

Determine Each Parent’s Gross Income: Courts assess the gross income of both parents. This includes wages, bonuses, commissions, and certain types of benefits. Some income, such as TANF or SSI, is excluded from this calculation.
Calculate Basic Child Support Obligation: Using a state-mandated table, the court determines the total amount of child support needed based on the combined income and number of children.
Apportion Each Parent’s Share: Each parent’s contribution is proportional to their share of the combined income. For example, if one parent earns 60% of the total income, they are responsible for 60% of the child support obligation.
Adjust for Additional Expenses: Courts may add costs for health insurance, childcare, and education to the basic support obligation, dividing these expenses in line with each parent’s income percentage.

Factors Considered by Georgia Courts

When setting or modifying child support, Georgia courts examine various factors to ensure fairness and adequacy:

Income and Earning Capacity: Beyond current income, courts may evaluate a parent’s potential earning capacity, especially if unemployment or underemployment appears intentional.
Existing Support Obligations : If a parent already pays child support for other children, those amounts may be deducted from their available income.
Child’s Needs: Extraordinary expenses, such as medical or educational costs, can lead to deviations from standard support calculations.
Custodial Arrangements: The amount of time each parent spends with the child can influence support amounts, particularly in cases of shared or joint custody.

Modifying Child Support Orders

Life changes may necessitate adjustments to child support orders. Common reasons for modification include significant changes in either parent’s income, changes in the child’s needs, or alterations in custody arrangements. The process for seeking modification involves:

Filing a Petition: A parent must file a legal request for modification, providing evidence of the changed circumstances warranting a review.
Court Review and Decision: The court will evaluate the petition and any supporting documentation before deciding whether to alter the existing support order.
Enforcement and Compliance: Once a modified order is issued, compliance is mandatory. Courts can enforce payments through various means, including wage garnishment or legal action for non-compliance.

Navigating the intricacies of child support in Georgia can be complex, but understanding the processes and guidelines helps parents act in their children’s best interests while maintaining compliance with state laws.

Reach out to FBA Law Firm Today to Navigate Your Divorce with Confidence

Divorce and child custody matters can be overwhelming, but you don’t have to face them alone. At FBA Law Firm, we understand the complexities of Georgia’s legal landscape and are committed to providing you with the guidance and support you need. Our experienced team of divorce lawyers is dedicated to protecting your rights and helping you make informed decisions for your family’s future. Don’t navigate this challenging time without expert advice—reach out to our Woodstock family law firm for a consultation and let us help you approach your divorce with confidence and clarity. Your path to a secure and positive future starts with taking the first step—contact us now.

The Role of an Executor in Probate: Responsibilities and Challenges

Thu, 26 Sep 2024 21:30:54 GMT

When a loved one passes away, their estate must go through a legal process known as probate. At the center of this process is the executor, a crucial figure responsible for managing the deceased’s affairs and ensuring their final wishes are carried out. In this guide, our experts at FBA Law Firm explore the role of an executor in probate, discussing their responsibilities in estate administration , challenges, and the importance of their position in settling an estate.

What is an Executor and Probate?

Before delving into the specifics, it’s essential to understand the key terms. An executor is an individual named in a Last Will and Testament to distribute a deceased person’s estate. In cases where there is no Last Will and Testament, the Court may appoint an individual to act as the Administrator over the estate and perform the same types of functions that an Executor performs under the terms of a Last Will and Testament. The term “Probate,” on the other hand, is the legal process of validating a will and administering the estate of a deceased person.

The executor and probate are intrinsically linked, as the executor plays a pivotal role in navigating the probate process. This relationship between the executor and probate is crucial for ensuring the smooth settlement of an estate.

The Appointment of an Executor

The process of becoming an executor typically begins with the deceased naming an individual in their Last Will and Testament to serve in this capacity. This person is referred to as the Executor. However, if no will exists or the named executor is unable or unwilling to serve, the court may appoint an Administrator to fulfill the same duties.

Once a person has been nominated to serve as Executor in the Last Will and Testament, then they must obtain legal authority to act on behalf of the estate. This is done by filing a petition with the probate court to obtain Letters Testamentary, which grant the executor the legal right to manage the deceased’s affairs. In instances without a Will, a person can petition the Court for Letters of Administration which allow that person to act on behalf of the estate.

Key Responsibilities of an Executor

The role of an executor is multifaceted and comes with numerous responsibilities. Let’s explore some of the primary duties an executor must fulfill during the probate process:

Locating and Securing Assets

One of the first tasks of an executor is to identify and secure all assets belonging to the deceased. This may include:

Real estate properties
Bank accounts
Investment portfolios
Personal belongings
Vehicles
Business interests

The executor must create a comprehensive inventory of these assets and ensure they are protected from theft, damage, or loss during the probate process.

Notifying Creditors and Paying Debts

An executor is responsible for notifying potential creditors of the deceased’s passing and settling any outstanding debts. This process typically involves:

Publishing a notice to creditors in local newspapers
Directly contacting known creditors
Reviewing and validating creditor claims
Paying legitimate debts from the estate’s assets

The executor must handle this step carefully to protect the estate from invalid claims and ensure all legitimate debts are settled.

Filing Tax Returns

The executor must file final income tax returns for the deceased and pay any taxes owed from the estate. This may include:

Federal and state income tax returns
Estate tax returns (if applicable)
Inheritance tax returns (in some states)

Navigating the complex world of estate taxation can be challenging, and many executors seek professional help to ensure compliance with all tax obligations.

Distributing Assets to Beneficiaries

Once debts and taxes have been paid, the executor is responsible for distributing the remaining assets to the beneficiaries as specified in the Last Will and Testament. This process involves:

Interpreting the instructions of the Last Will and Testament
Valuing and potentially selling assets
Transferring ownership of properties
Distributing personal belongings
Distributing funds of the estate

The executor must ensure that all distributions are made by the deceased’s wishes and applicable laws. In instances where there is no Last Will and Testament, these distributions would be made according to surviving legal heirs of the deceased.

Throughout the probate process, the executor must keep detailed records of all actions taken on behalf of the estate. This includes:

Maintaining Accurate Records

Financial transactions
Communications with beneficiaries and creditors
Court filings and legal documents

Accurate record-keeping is essential for transparency and may be required if the executor’s actions are questioned or challenged.

Challenges Faced by Executors

Time Commitment

Settling an estate can be a time-consuming process, often taking months or even years to complete. Executors must be prepared to dedicate significant time and energy to fulfilling their duties.

Family Conflicts

Disagreements among beneficiaries or family members can complicate the executor’s job. Managing expectations and mediating conflicts may become necessary to ensure a smooth probate process.

Complex Assets

Estates with diverse or complex assets, such as businesses or international properties, may require specialized knowledge or professional assistance to manage effectively.

Legal and Financial Complexities

Navigating probate laws, tax regulations, and financial matters can be overwhelming for executors without a legal or financial background.

Executors can be held personally liable for mistakes or mismanagement of the estate. This responsibility adds pressure and underscores the importance of careful, diligent execution of duties.

Personal Liability

The Importance of Professional Guidance

Given the complexities and potential pitfalls involved in serving as an executor, many individuals seek professional guidance. Attorneys specializing in probate law can provide invaluable assistance by:

Explaining legal requirements and procedures
Assisting with court filings and documentation
Offering advice on complex estate matters
Help resolve disputes or challenges to the will
Ensuring compliance with all legal and financial obligations

At FBA Law Firm, we understand the challenges executors face and are committed to providing comprehensive support throughout the probate process. Our experienced attorneys can guide you through each step, helping you fulfill your duties efficiently and effectively while minimizing stress and potential liability.

The Crucial Role of an Executor in Probate

The role of an executor in probate is both an honor and a significant responsibility. From managing assets and settling debts to navigating complex legal and financial landscapes, executors play a crucial role in ensuring a deceased person’s final wishes are carried out.

While the challenges of serving as an executor can be daunting, understanding the responsibilities and seeking professional guidance can make the process more manageable. By approaching the role with diligence, transparency, and a commitment to honoring the deceased’s wishes, executors can successfully navigate the Georgia probate process and bring closure to the estate.

If you find yourself appointed as an executor or have questions about the probate process, don’t hesitate to seek professional legal advice. At FBA Law Firm, we’re here to support you every step of the way, ensuring that you can fulfill your duties with confidence and peace of mind.

Everything You Need To Know About Georgia Probate Law

Thu, 22 Aug 2024 21:14:10 GMT

Probate law governs the legal process that takes place after someone dies, ensuring their debts are paid and assets are distributed according to their will or state law. This complex area of law is crucial because it provides a structured method to handle the deceased’s estate, protecting the rights of legal heirs, beneficiaries and creditors. For those navigating this intricate process, understanding the nuances of probate law is essential.

Georgia probate law offers specific guidelines and procedures unique to the state, which can significantly impact how estates are administered. A probate law lawyer specializing in Georgia probate law is invaluable in guiding executors, administrators, and beneficiaries through this often-daunting process. By understanding the Georgia probate process , individuals can ensure a smoother transition during an otherwise challenging time.

What is Probate?

Probate is the legal process that occurs after someone dies, involving the validation of their Last Will and Testament, payment of debts, and distribution of assets to beneficiaries. The primary role of probate in estate planning and administration is to ensure that the deceased’s wishes, as outlined in their Last Will and Testament, are carried out correctly and lawfully. When someone passes without a Last Will and Testament, the probate process will allow the deceased’s heirs to distribute the estate according to the state statutes. It also involves appointing an executor or administrator to manage these tasks.

Probate is necessary because it provides a structured framework for dealing with a deceased person’s estate, which helps prevent disputes among heirs, beneficiaries, and creditors. Probate ensures that the estate is settled in accordance with state laws. Utilizing a probate law attorney can significantly simplify this process, as they possess the expertise needed to navigate the complexities of Georgia probate law. By adhering to these established procedures, probate aims to bring clarity and order to what can be a complicated and emotional time.

The Probate Process in Georgia

The probate process in Georgia follows a structured series of steps to ensure that the estate is administered according to Georgia probate law. Engaging a probate law attorney can help navigate this complex process efficiently.

Filing the Petition

To initiate probate, the named executor or an interested party in the estate must file a petition with the Probate Court in the county where the deceased resided. The necessary documents include the original Last Will and Testament, a certified death certificate, and a completed petition. The court will then verify the validity of the Last Will and Testament and officially appoint the executor as the personal representative for the estate. If the decedent did not have a Last Will and Testament, then the Court will appoint an administrator as the personal representative for the estate.

Notifying Heirs and Creditors

Georgia probate law mandates that all potential heirs and known creditors be notified of the probate proceedings. Notification is typically done through direct mail or Sheriff’s service in the event that the heirs do not sign an Acknowledgement of Service. Heirs have a specific timeframe, generally around 30 days, to respond with any objections. Creditors also have a limited period, usually six months from the date of notification, to file claims against the estate.

Inventory and Appraisal of Assets

The next step involves compiling a detailed inventory of all the deceased’s assets, including real estate, bank accounts, investments, and personal property. An independent appraiser may be hired to assess the value of these assets accurately. This inventory and appraisal are crucial for ensuring proper distribution and tax assessments. The Court may require the personal representative to file these Inventory forms with the Clerk.

Paying Debts and Taxes

Before any assets can be distributed, the estate must settle all outstanding debts and taxes. Georgia probate law prioritizes the payment of funeral expenses, followed by administrative costs, end-of-life medical expenses, and then any valid creditor claims. Handling tax obligations includes filing the deceased’s final income tax return and possibly an estate tax return.

Distribution of the Estate

Once debts and taxes are paid, the remaining assets can be distributed to the beneficiaries as outlined in the Last Will and Testament, or according to state intestacy laws if no Last Will and Testament exists. Special considerations must be made for minor beneficiaries, often involving setting up trusts or guardianships to manage their inheritance until they reach adulthood. A probate law lawyer can provide invaluable guidance during this phase to ensure compliance with Georgia probate law.

Types of Probate in Georgia

Understanding the different types of probate available under Georgia probate law is crucial for effectively managing an estate. A probate law lawyer can provide guidance on which type is most suitable for a given situation.

Solemn Form Probate

This is the most formal type of probate in Georgia. It involves notifying all heirs and allowing them to challenge the Last Will and Testament. Once the Last Will and Testament is proven valid, it becomes binding on all parties. This process is the most utilized and provides greater legal finality but can be more time-consuming in the initial stages.

Common Form Probate

Common form probate is a less formal process that does not require notice to heirs initially. The executor can begin administering the estate immediately after the Last Will and Testament is accepted by the court. However, this type of probate remains open to challenges from heirs for up to four years after the Last Will and Testament is admitted.

Year’s Support

Year’s support is a provision under Georgia probate law that allows the surviving spouse and minor children to claim a portion of the estate for their maintenance and support for one year. This claim takes precedence over other debts and claims against the estate, ensuring that the immediate family’s needs are met.

Challenges and Contests in Probate

Navigating probate disputes can be complex, particularly under Georgia probate law. Engaging a probate law lawyer is essential for addressing challenges effectively.

Common Reasons for Contesting a Last Will and Testament

Under Georgia probate law, there are specific legal grounds on which a Last Will and Testament can be contested:

Lack of Testamentary Capacity : Arguing the testator did not understand the implications of their Last Will and Testament due to mental incapacity.
Undue Influence: Claiming someone improperly influenced the testator to alter the Last Will and Testament in their favor.
F raud or Forgery: Alleging that the Last Will and Testament was procured through deceit or is not genuinely the testator’s document.
Improper Execution: Asserting the Last Will and Testament was not executed according to legal formalities, such as missing signatures or witnesses.

Conflicts may also arise if beneficiaries feel unfairly treated or excluded.

How to Handle Probate Disputes

Addressing probate disputes requires a thorough understanding of Georgia probate law. A probate law lawyer can help by gathering evidence, presenting claims in probate court, and negotiating settlements among disputing parties. Mediation is often encouraged to resolve conflicts amicably without prolonged litigation. In cases where mediation fails, the dispute may proceed to a court hearing where a judge will decide based on the presented evidence and arguments.

By seeking the expertise of a probate law lawyer, individuals can navigate these disputes more effectively, ensuring a fair and lawful resolution.

Simplifying the Probate Process

Simplifying the probate process can save time, reduce stress, and minimize legal expenses. One of the best ways to navigate Georgia probate law efficiently is by engaging a knowledgeable probate law attorney. Here are some tips for reducing the complexity of probate:

Tips for Reducing the Complexity of Probate

1. Create a Comprehensive Last Will and Testament : Ensure that the Last Will and Testament is clear, detailed, and regularly updated to reflect any changes in assets or beneficiaries.

2. Designate a Competent Executor: Choose an executor who is organized and capable of managing estate affairs effectively.

3 . Maintain Detailed Records: Keep accurate records of all assets, debts, and important documents. This helps streamline the inventory and appraisal process.

4 . Consider Joint Ownership: Holding property jointly with rights of survivorship can bypass the probate process for those assets.

5 . Name Account Beneficiaries : For any accounts, such as life insurance, retirement, or even standard banking accounts, naming a beneficiary or a payable-on-death (POD) designation can allow these accounts to bypass probate and immediately be distributed to the named beneficiary after the owner’s passing.

The Role of Estate Planning in Simplifying Probate

Effective estate planning is crucial for minimizing probate complexities. By working with a probate law attorney, individuals can establish trusts, designate beneficiaries correctly, and employ strategies to reduce taxable estates. This proactive approach ensures that most assets can be transferred smoothly outside of probate, adhering to Georgia probate law while easing the burden on loved ones.

Frequently Asked Questions

By implementing these measures, individuals can significantly simplify the estate settlement process for their heirs while ensuring compliance with Georgia probate law.

Reach Out to FBA Law For Your Probate Needs

Navigating Georgia probate law can be complex and challenging. Whether you’re dealing with a straightforward estate or a contentious will, seeking the expertise of a probate law attorney can make all the difference. At FBA Law, our experienced Roswell family lawyers are dedicated to providing personalized guidance tailored to your unique situation. Don’t leave your loved ones’ future to chance—contact us today for comprehensive legal support.

Choosing the Right Family Lawyer: Why FBA Law Firm Stands Out

Wed, 10 Apr 2024 21:00:08 GMT

When dealing with the intricacies of family law, selecting the appropriate legal representation is not just a choice but a pivotal decision that can significantly influence the outcome of your case and, consequently, your future. When phrases like “ divorce attorney near Woodstock ” or “best family lawyer” begin to populate your search queries, it’s essential to understand what truly sets a law firm apart in this specialized field.

FBA Law Firm, with our successful reputation in Atlanta, offers unparalleled family law services and compassionate advocacy, making us the go-to choice for those seeking the best divorce lawyer in Atlanta. Amidst the many options, FBA Law Firm sets the gold standard for what it means to provide truly client-focused, results-driven legal support. Our dedication to navigating the complexities of family law with both skill and sensitivity places us at the forefront of legal advocacy.

A Personalized Approach to Each Family Law Case

At the core of FBA Law Firm’s philosophy is a personalized approach to family law. Understanding that no two cases are the same, our firm prides ourselves on providing tailored solutions that meet the unique needs of each client. This strategy is particularly crucial when searching for the best family lawyer because it ensures that your legal representation is not only proficient in the law but also deeply invested in the specifics of your case.

FBA Law Firm is not just any group of lawyers; we are specialists in family law. This means that whether you’re looking for the best divorce lawyer in Atlanta or the best custody lawyer, you’re getting experts who are at the forefront of their field. Our comprehensive understanding of family law, from the nuances of divorce proceedings to the complexities of custody battles, ensures that clients receive the highest level of legal guidance.

A Record of Success

Success speaks volumes, and at FBA Law Firm, our track record in handling family law cases is exemplary. For those searching for the best family lawyer to handle a case, it’s comforting to know that FBA Law Firm has a history of achieving favorable outcomes for our clients. This proven success rate is a testament to their expertise and dedication, positioning us as the best divorce lawyer in Atlanta and beyond.

Client-Centered Communication

Effective communication is the bedrock of any successful lawyer-client relationship. FBA Law Firm excels in this area, ensuring that clients are informed, heard, and valued from the initial consultation to the resolution of their case. This commitment to open, client-centered communication is especially important when dealing with sensitive matters like divorce or custody disputes, solidifying FBA’s status as not just the “best divorce lawyer in Atlanta” but also the most empathetic and client-friendly.

Strategic and Aggressive Advocacy

In the arena of family law, being strategic and, when necessary, aggressive in advocacy can make all the difference. Our team at FBA Law Firm embodies this approach, leveraging our extensive knowledge and tact to advocate fiercely for our clients’ rights and best interests. Whether you’re in the market for the best divorce lawyer in Atlanta or the best custody lawyer, FBA’s commitment to aggressive, yet thoughtful, representation is unrivaled.

A Network of Support

FBA Law Firm understands that navigating family law issues often requires more than just legal expertise. Hence, we have cultivated a vast network of professionals—from financial advisors to mental health specialists—to provide comprehensive support to our clients. This holistic approach is particularly beneficial for those undergoing the stress of divorce or custody battles, further highlighting FBA’s dedication to being the best family lawyer in every sense.

Accessibility and Convenience

Located in the heart of Atlanta, FBA Law Firm is not only top-ranking when you search for “divorce lawyers near me” but also conveniently accessible to clients across the region.

Choose FBA Law Firm for Your Family Law Representation

When the stakes are high, and the emotional and legal complexities of family law loom large, choosing the right legal representation is paramount. FBA Law Firm stands out not just as the best choice for those seeking divorce lawyers or family law representation, but as a beacon of hope, expertise, and compassionate advocacy for anyone navigating the challenges of family law. Our tailored approach, comprehensive expertise, proven track record, and unwavering commitment to our client’s well-being make us the unequivocal choice for anyone seeking the best divorce lawyer in Atlanta or the best custody lawyer.

The Emotional Impact of Divorce: How FBA Law Firm Can Help

Wed, 13 Mar 2024 20:49:05 GMT

Whether you have been married for five months, five years, or fifty years, divorce is a complicated and emotional process that can take a toll on all parties involved. It not only affects the couple but also their children, extended family members, and even friends. The emotional impact of divorce can be overwhelming and challenging to deal with.

One of the main reasons why divorce is emotionally taxing is because it involves the dissolution of a relationship that was once full of love, trust, and commitment. It can bring a wide range of emotions such as sadness, anger, guilt, and loneliness. At FBA Law Firm, family law attorneys near Woodstock , we understand the profound emotional toll that divorce can take, and we’re here to provide comprehensive support every step of the way.

The impact of divorce reverberates through families, individuals, friends, and especially children, marking an emotional event that reshapes lives.

Who Experiences the Impact of Divorce

Individuals: For individuals, the emotional stages of divorce unfold in a rollercoaster of emotions, from initial shock and disbelief to eventual acceptance and healing.
Friends: Friends can be caught in the crossfire, torn between loyalties and struggling with their own emotions. Often friends may provide crucial support during this time, offering a listening ear and a comforting presence.
Extended family : Extended family member may also be upset by the news of divorce for a family member that they care about and do not want to see hurting. The extended family may also be concerned about how the divorce could change the time they get to spend with the children of the divorcing parties, especially around holidays.
Children: Children are affected the most during an emotional divorce. The dissolution of their parents’ marriage can confuse their sense of stability and security, causing feelings of confusion, sadness, and sometimes resentment. They may struggle to comprehend the shifting dynamics and grapple with feelings of abandonment or guilt.

With proper support and guidance, families can navigate the emotional landscape of divorce with resilience and strength. By acknowledging the impact of divorce and fostering open communication, individuals and families can embark on a journey of healing and renewal, forging new connections and embracing a brighter future together.

Understanding the Emotional Stages of Divorce

Divorce often brings forth a wave of emotional challenges that can significantly impact mental well-being. It’s crucial to acknowledge and address these challenges to ensure individuals receive the support they need.

The emotional impact of divorce can last long after the divorce is finalized, potentially leading to long-term effects on both mental and physical health. Chronic stress, anxiety, and depression associated with divorce can increase the risk of developing health problems such as cardiovascular issues, immune system disorders, and even chronic pain conditions.

How FBA Law Firm Can Support Clients Through Divorce

Divorce can have a profound emotional impact on individuals and families. At FBA Law Firm, we’re dedicated to not only guiding our clients through Georgia divorce laws but also supporting them through both the legal and emotional steps to fill for divorce . We know that all divorce situations are different and that many clients are in different phases of the emotional process of grieving their relationship. If you’re facing divorce, know that you’re not alone. Reach out to FBA Law Firm for compassionate assistance and guidance during this difficult time.

Importance of Seeking Professional Help

We encourage individuals facing divorce to prioritize their mental health and seek professional support when needed. Therapy, support groups, and other mental health resources can offer invaluable assistance in coping with the emotional challenges of divorce.

Anxiety and Chronic Worrying: The uncertain path ahead, including worries about financial stability, fluctuations in living situations, and unknown outcomes, often contribute to prolonged feelings of anxiety and distress.
Blaming and Disillusionment: It’s common for individuals to attribute blame to each other or themselves, leading to feelings of disillusionment and uncertainty about the future.
Mourning and Feelings of Sadness: The dissolution of a marriage can trigger profound feelings of sadness, hopelessness, and a sense of loss. It often involves a period of reflection on shared memories, dreams for the future that will now change, and the challenges of navigating a new chapter in life without a spouse.
Anger and Frustration : Feelings of anger towards the ex-partner or oneself can often emerge when individuals find themselves struggling to come to terms with feelings of betrayal and a sense of injustice. Conflicts and unresolved issues, like differing financial goals, breakdowns in communication, or unmet expectations, can lead to increased anger, resentment, and frustration during the emotionally trying divorce process.
Guilt and Self-Blame: Many individuals go through a period where they experience overwhelming feelings of guilt and self-blame, constantly questioning their actions and trying to understand their role in the breakdown of their marriage. This introspective process can be emotionally taxing and often leads to deep reflections on personal responsibility and the complexities of relationships.
Social Isolation: Divorce can lead to a profound sense of isolation where individuals may find themselves disconnected from their usual social circles, resulting in loneliness. They might encounter judgment from peers or acquaintances, adding to their emotional burden during this challenging time.
Relief: Some individuals may experience a sense of relief, despite the uncertainty and anxiety that going through a divorce can bring. For people who have been in abusive or controlling relationships, the divorce may signal a feeling of freedom that they have not felt in a long time.
New Beginnings and Singleness: Individuals may reach a stage of acceptance, a significant moment where they can let go of the past, embrace the present, and look forward to creating a new chapter full of possibilities post-divorce.

Exploring Temporary Custody and Visitation Schedules During Litigation

Mon, 04 Mar 2024 20:16:22 GMT

Navigating child custody issues and GA child support is often a complex and emotionally charged process. Understanding how to establish a temporary custody agreement or child visitation schedule can seem daunting during these challenges. This blog post aims to shed light on these aspects, providing comprehensive insights into the creation process and emphasizing the importance of a thoughtfully designed parenting time schedule during the litigation phase. By shedding light on these key elements, we hope to offer guidance and support to those facing the intricate landscape of child custody disputes.

What is Temporary Custody?

Temporary custody is a legal arrangement that grants one parent physical custody of their child for a specific, limited period. This type of custody is typically awarded during divorce or separation proceedings or in situations where the child’s immediate welfare is at risk.

Emergency temporary custody comes into play when there’s an immediate threat to the child’s safety or well-being. For instance, if one parent becomes incapacitated due to illness or is involved in harmful activities, the court may grant the other parent emergency temporary custody.

Another scenario might involve a parent needing to travel for work or other reasons. In such cases, a temporary custody agreement and parenting time schedule ensures the child’s care and safety during the parent’s absence. In all these situations, this visitation schedule is crucial to maintain continuity and stability for the child.

Temporary Visitation Schedules

A child visitation schedule (also called a parenting time schedule) outlines when and how both parents will spend time with their child. The primary purpose of such a schedule is to provide a consistent and stable routine for the child amidst the uncertainties of litigation.

Temporary Visitation Schedules

Creating a temporary visitation schedule involves careful negotiation and planning. Both parents need to discuss and agree upon the times and places where the child will be with each parent. This includes regular days, weekends, holidays, and special occasions. The schedule should be flexible enough to accommodate unexpected changes while ensuring the child’s needs are met.

In cases of emergency temporary custody, the non-custodial parent may be allowed supervised visits or limited contact based on what’s in the best interest of the child. Remember, the aim is to maintain the child’s emotional health and well-being during this challenging time.

Creating the Perfect Child Visitation Schedule

Creating the perfect temporary custody agreement and child visitation schedule requires careful consideration. The child’s best interests should be at the heart of every decision.

When crafting a temporary schedule, consider the child’s age, health, emotional state, and school schedule. It’s also crucial to take into account both parents’ work schedules, living arrangements, and their ability to provide care and support. In cases of emergency temporary custody, the nature of the emergency and the potential impact on the child should also be considered.

Here are some tips for creating an effective and fair schedule:

Consistency : Regular routines provide stability and predictability, which are important for children’s well-being.
Flexibility : Life is unpredictable. A good schedule accommodates changes without disrupting the child’s routine.
Fairness : Both parents should have meaningful time with the child, considering their availability and the child’s needs.
Communication : Open, respectful dialogue between parents can help resolve conflicts and make adjustments as needed.
Consider Professional Help : If reaching an agreement becomes difficult, consider using a mediator or legal professional.

A temporary custody agreement typically remains in effect until a court finalizes the permanent custody arrangement. However, the timeline can vary depending on the circumstances of the case. Factors that may extend or end a temporary custody order include significant changes in the child’s needs, alterations in parental capabilities, or resolution of an emergency temporary custody situation. It’s important to remember that these orders are designed to provide stability during litigation and adjustments can be made as needed to ensure the child’s best interests are met.

Duration of Temporary Custody Orders

Navigating Litigation with Temporary Custody and Visitation Schedule

Navigating litigation with a temporary custody agreement and child visitation schedule can be complex, but these tools are crucial for presenting an effective case. They demonstrate your commitment to the child’s welfare and provide a structured plan for their care. To present your case effectively, document all interactions and ensure your schedule aligns with the child’s best interests. A lawyer can assist by providing legal advice, helping you draft a fair schedule, and advocating for your rights, especially in emergency temporary custody situations. Their expertise can make the process smoother and more manageable.

Reach Out To FBA Law For Assistance With Establishing Temporary Custody

If you find yourself navigating a temporary custody agreement, emergency temporary custody, or setting up a child visitation schedule, don’t hesitate to reach out to FBA Law. Our experienced team of family law attorneys understands the complexities of these situations. We are committed to providing the legal guidance necessary to protect your rights and, most importantly, your child’s best interests during this challenging time. We will work closely with you to develop a personalized strategy that takes into account the unique circumstances of your case, ensuring that you have the support and knowledge you need to make informed decisions. When it comes to matters of custody and visitation, trust FBA Law to be your advocate and guide. Stop searching for " divorce lawyers near me ” and call FBA Law today!

Changing Custody Orders in Georgia: What Every Parent Should Know

Tue, 23 Jan 2024 18:43:25 GMT

If you are a parent in Georgia seeking to change an existing child custody order, you likely have countless concerns and uncertainties regarding the complicated legal process ahead and your parental rights. Modifying custody is an emotionally charged road that can leave you feeling perplexed and alone. However, you do not have to navigate this without support and guidance. As a caring and knowledgeable local family lawyers , FBA Law Firm is fully committed to providing you the clarity, wisdom, and encouragement you deserve during this challenging season.

We recognize that asking the court to alter established joint custody arrangements for your child is an intimidating proposition fraught with anxiety. That is precisely why our legal team chooses to combine strong, strategic legal counsel with genuine compassion. You deserve to understand Georgia custody laws fully while also receiving the caring backing of advocates who see you not merely as a client but as a fellow parent doing their best.

Determining If There Has Been a Material Change in Circumstances

To modify sole custody or joint custody in our state, you generally must show that there has been a “material change in circumstances” affecting the welfare of the child since the current custody order was established. This is important – you typically cannot ask the court to change custody just because you want a different arrangement. There must be evidence that circumstances have significantly changed in a way that makes the current order contrary to the child’s best interests.

Common examples of material changes include:

• The child’s needs have changed such that the current schedule is not in their best interest

• A parent’s work schedule has drastically changed

• Issues with child abuse, neglect, or endangerment

Documenting how the changes specifically impact your child is crucial. This often requires collecting relevant records, statements from witnesses, and evidence over a reasonable period showing the shift in circumstances.

Proposing a Revised Custody Arrangement Focused on the Child’s Best Interests

It is essential to propose a new custody schedule focused on the child’s best interests rather than what you may simply prefer as a parent. Our Georgia custody modification attorneys can strategize with you to suggest a reasonable revised arrangement the court would favor.

Factors looked at in determining the child’s best interests include:

• Each parent’s ability to provide food, clothing, medical care, etc.

• The home environments, including safety and stability

• The child’s adjustment to home, school, and community

• The mental and physical health of all individuals involved

• Each parent’s willingness to foster a positive relationship between the child and other parent

Thoughtfully addressing these factors in your proposed revised custody order is key.

Working With Knowledgeable Georgia Custody Lawyers

The process can feel overwhelming, but you don’t have to go it alone. The compassionate and strategic lawyers at FBA Law Firm can assist you with your custody needs. We understand this road is not easy for any family. With customized counsel and representation focused on your unique situation, we can walk with you each step of the way toward the custody modification outcome most beneficial for your child.

Document Collection and Review

One of the first steps in changing custody is a thorough document collection and review process. Your lawyer will request relevant records pertaining to:

• Your current custody order

• Any evidence related to the material change in circumstances

• School and medical records

• Statements from individuals with direct knowledge of the situation

Compiling and evaluating these documents allows us to build the strongest case possible as we petition the court for sole legal custody or joint custody modification on your behalf.

Superior Legal Representation and Step-by-Step Guidance

At FBA Law Firm, our expert Georgia custody attorneys provide reliable legal representation combined with compassionate support tailored to your family’s needs. We will:

• Outline the custody modification process from start to finish so you know what to expect

• Provide skilled and strategic legal counsel to advocate for your parental rights

• Handle communicating with co-parents, mediators, and the courts on your behalf

• Update you promptly at each phase to collaboratively move the case forward

The ins and outs of GA child support and modifying custody do not have to perplex and overwhelm you. Call our office today to schedule an initial consultation and get the clarity you need from legal experts devoted to protecting children and defending families. The fight for your child is worth it – and we’re here to stand with you each step of the journey.

Custody and Visitation Rights During the Holidays: A Guide from Your Local Family Lawyer

Sat, 02 Dec 2023 18:14:42 GMT

The holiday season is a time for celebration, warmth, and family gatherings. However, for divorced or separated parents, navigating custody and visitation rights during the holidays can be a complex and emotionally charged process. As your local family lawyer, FBA Law is committed to helping guide families through child custody hearings and creating harmonious holiday experiences that prioritize the well-being of children.

Understanding Holiday Visitation Schedules

A holiday visitation schedule serves as a foundational framework for parents to allocate time during special occasions, outlining specific dates and times for each parent. FBA Law recognizes the importance of clear guidelines for predictability and reduced conflicts. Effective communication between co-parents is important in creating a cooperative approach for smoother transitions and fostering a positive atmosphere for the children.

Navigating Court-Mandated Schedules

In some cases, families may face court-mandated holiday visitation schedules that are legally binding and provide a structured framework. FBA Law can help guide families through legal intricacies, emphasizing flexibility and cooperation between co-parents for successful navigation.

Creating a Personalized Custody Holiday Plan

Beyond standardized and court-mandated schedules, FBA Law encourages parents to consider personalized custody holiday plans. Tailor arrangements to unique dynamics, traditions, and cultural practices for a more meaningful celebration. By actively participating in the creation of this plan, parents contribute to a positive and stress-free holiday experience for all.

Strategies for Navigating Custody and Visitation During the Holidays

Navigating custody and visitation during the holidays demands strategic planning and effective communication. FBA Law emphasizes the importance of a comprehensive parenting plan, serving as a roadmap to address potential conflicts during the festive season. Crafting a fair and balanced holiday schedule, and considering children’s preferences and family traditions ensures meaningful time for both parents and a harmonious celebration.

Planning and Effective Communication

One key strategy for navigating custody and visitation during the holidays is planning. This involves open and effective communication between co-parents to ensure a smooth transition for the children. Clear and timely communication helps in coordinating schedules and addressing any concerns that may arise.

The Role of a Parenting Plan

A parenting plan is a valuable tool for establishing holiday schedules. It outlines the agreed-upon terms for custody, visitation, and decision-making responsibilities. FBA Law encourages parents to work collaboratively on developing a comprehensive parenting plan that specifically addresses holiday arrangements. This document serves as a roadmap for navigating potential conflicts during the holiday season.

Considerations for a Fair Holiday Schedule

Creating a fair and balanced holiday schedule is paramount to ensuring that both parents have meaningful time with their children. Considerations should include the children’s preferences, family traditions, and any unique circumstances that may impact the holiday schedule. FBA Law emphasizes the importance of flexibility and compromise in crafting a schedule that works for everyone involved.

How a Family Lawyer Can Help

With a focus on protecting clients’ rights, our experienced family lawyers provide strong support in navigating the complexities of custody and visitation matters during the holidays. Some of the benefits include:

Negotiation and Mediation Assistance

FBA Law offers invaluable assistance in negotiation and mediation processes. Our experienced family lawyers guide parents in seeking amicable resolutions, helping them navigate the complexities of custody and visitation agreements during the holidays.

Benefits of Legal Representation

Having legal representation is essential when dealing with custody and visitation matters. FBA Law advocates for our clients, ensuring their rights are protected and facilitating fair agreements. Our team brings a wealth of experience to the table, allowing us to navigate the legal intricacies of family law with precision and empathy.

FBA Law’s Track Record

FBA Law has a proven track record of helping clients successfully navigate custody and visitation during the holidays. Our commitment to personalized and compassionate legal support sets us apart, and we take pride in achieving positive outcomes for families facing these challenges.

Let FBA Law Help You With Your Holiday Visitation Plans

This holiday season, if you find yourself facing challenges or uncertainties regarding custody and visitation arrangements, FBA Law is here to provide the expert guidance and support you need. Our dedicated team of family and divorce lawyers understands the complexities that can arise during this time and is committed to helping you navigate through them with sensitivity and expertise.

Whether you need assistance in understanding the nuances of the standard holiday visitation schedule, resolving disputes with the court holiday visitation schedule, or creating a customized custody holiday schedule, FBA Law has the experience to guide you through every step of the process. Don’t let legal complexities dampen the joy of the holidays for your family. Reach out to FBA Law today, and let us help ensure that your holiday season is filled with peace, stability, and cherished moments with your loved ones.

The Compassion and Commitment Behind FBA Law: A Q&A With Caryn Fennell

Mon, 13 Nov 2023 18:24:22 GMT

There are family lawyers who stand out not just for their legal expertise but also for their unwavering dedication to their client’s well-being. FBA Law Firm is an exceptional establishment, known for their compassion, commitment, and fierceness in advocating for their clients. ClickReady Marketing had the privilege to sit down with Caryn Fennell, the Woodstock family law attorney who is the driving force behind FBA Law, to learn about her journey into the world of law and how her firm has grown into the incredible institution it is today.

COMPASSIONATE * COMMITTED * FIERCE

Describe FBA Law in three words:

What made you want to go into law? What did your journey look like to get where you are today?

Caryn Fennell: My parents told me from an early age that my often maddening (to them) ability to argue a circle into a square should lead me to the law. At the age of 10, I found myself sneaking into a courtroom, captivated by the legal proceedings. It was then that I knew I wanted to be a part of this world. My path took a detour as I pursued my Master’s degree and then Ph. D. in Industrial Organizational Psychology, followed by a career in Corporate America.

In 2006, I revisited my passion for law and enrolled in law school. Afterward, I officially entered the legal profession, swearing into the Bar Association and Georgia Courts in 2010, the same year I founded FBA Law. The courtroom’s electric atmosphere and the opportunity to make a meaningful difference in the lives of families drew me to family and juvenile law. Our goal at FBA Law is to alleviate the pain of our clients through fair judgments and reasonable parenting plans.

What does being a family lawyer mean to you?

Caryn Fennell: The sense of pride and meaning that becoming a family lawyer continues to give me is profound. The families we work for are involved in some of the most emotionally challenging moments of their lives. When clients come to us, their life as they knew it is changing on a permanent basis. Some parents in custody actions will no longer greet their children at the bus stop every day, or see their children run through the door with artwork from school or an award from an event or extracurricular activity. They may no longer tuck their children in for bed each night as they have become accustomed. For many, the worst noise in their life will be the silence of their children’s voices that used to fill every corner of their home. These are the pains of parents and the reasons we work hard for them. It is our job to lessen this pain through fair judgments and reasonable parenting plans that make sense.

Other cases, like divorces when there are no children involved, are sometimes welcomed for a few, but more often are emotionally and financially catastrophic. Spouses are afraid of life on their own. They wonder how they will pay their bills, or have sufficient financial resources to care for their future needs. While taking a fresh step into a new life can often be wonderful, the path to the same can be heavy with the baggage of divorce. Our job is to lessen the load, guide our clients, provide counsel and support, and help craft the most fair and reasonable outcomes to protect our client’s needs and interests.

Helping families and children in the law, while challenging, is also awe-inspiring. Family lawyers impact the futures of all those involved in family law challenges. How a case is resolved today will change a child’s life forever, and perhaps even their children’s lives. Being a competent, compassionate, and zealous advocate for your client is legacy work worth being proud of every single day.

What did FBA Law’s beginnings look like? How did it grow into the incredible firm it is today?

Caryn Fennell: FBA Law had humble beginnings. I opened the firm in November 2010, with just a $20-per-month Magicjack phone in a small office in Canton, Georgia. My mentor, David Cannon Sr., played a pivotal role in opening doors and tackling legal challenges alongside me. Over the years, I expanded my solo practice to a law firm by adding a top-notch Senior Paralegal in 2016 and our first lawyer in the same year.

In late 2018, something unexpected happened—I formed a partnership. While I had been wary of partnerships, working with Attorney Lacey Briasco showed me that we were a perfect match for an extraordinary number of reasons. We complement each other’s styles, share our passion and dedication to our work, and remain laser focused on our mission. So, we officially became Fennell, Briasco & Associates in January 2019. Since then, we have continued to excel and thrive as a mid-sized firm.

Has FBA Law ever had any obstacles in its growth? If so, how did you overcome them?

Caryn Fennell: Fortunately, we haven’t encountered significant obstacles that would derail our growth. We’ve experienced the usual bumps in the road, but our dedication to hard work and delivering high-quality results has led to substantial growth and an upward trajectory.

Why does FBA Law matter to you?

Caryn Fennell: It is our lifeblood. It is what we do and in part, it is who we are as people. This company is a reflection of self. We have high standards and our success matters to real people, living real lives, who are trying to raise children, run businesses, and live normal lives. Our ability to deliver on our promises impacts the emotional and financial well-being of our clients, their families, their children, and the many lives they influence now and in the future. What we do is important, and any failure to recognize the gravity of our influence as family lawyers would mean we are detached from the human impact of our work. Such a failure will never be acceptable to me as a person or a professional.

What sets FBA Law apart from other law firms? Why should people pick FBA Law?

Caryn Fennell: We believe what sets us apart is our unwavering commitment to our clients’ needs, our dedication to excellence, and our commitment to fair play. People should choose FBA Law because we’re not just legal practitioners—we’re partners in our clients’ journeys, fighting tirelessly for their rights and well-being.

How do you ensure that your clients trust you and are comfortable giving you control of their cases?

Caryn Fennell: We prioritize open communication, even when delivering difficult news. We are committed to continued education and staying current with the latest legal developments to provide our clients with the most comprehensive advice. Our client testimonials attest to our honesty and dedication.

Which areas of law, family or probate, are more popular with your clients, and why do you think people choose FBA Law for their family/probate legal issues?

Caryn Fennell: Both family and probate law are crucial, and they serve different needs. It’s hard to compare the popularity of these areas. People choose FBA Law because our client testimonials reflect our honesty, competence, and dedication. We speak the truth to our clients, even when it may be painful or what a client would rather not hear. We take our continuing education seriously, so our clients are always receiving the most current, thorough, and comprehensive advice or litigation strategies.

Learn How FBA Law Can Help You with Your Law Needs

FBA Law Firm, with its core values of compassion, commitment, and fierceness, stands as a beacon of hope and support in the legal world. Caryn Fennell’s journey from an early fascination with the courtroom to founding a thriving law firm reflects her unrelenting dedication to making a difference in the lives of her clients. Choosing a Marietta family lawyer from FBA Law means choosing a team of competent, compassionate, and committed lawyers who truly understand the gravity of their work and its impact on the lives of real people.

Ultimate Guide to How Adoption Works in Georgia

Wed, 30 Aug 2023 18:06:33 GMT

To many couples, adoption is the ultimate dream. It provides a loving home to children who don’t have a biological family who can care for them. But how does adoption work in Georgia? There are a number of methods prospective adoptive parents can take, all of which can require lengthy legal work and help from an adoption attorney Atlanta . FBA Law can help you learn all you need to know about adoption in GA starting with this ultimate guide.

Who is involved in Adoption in GA?

Courts : Adoption decisions are made in court by a judge, who decides whether to terminate the biological parent’s rights and grant permanent custody and parental rights to the adoptive parents.
Biological Parents : During this process, it is important to consider the biological parents and make sure that they are confident that they have made the right choice for them and their child before terminating their rights.
Adoption Attorney : An adoption attorney helps guide all parties involved throughout the process of the adoption. Navigating the courts and all the legal procedures can be difficult which is why an adoption attorney can be so beneficial.

Requirements For Prospective Adoptive Parents in Georgia

The petitioner is at least 25 years of age or married to someone at least 25 years of age
The petitioner is at least 10 years older than the child
The petitioner is a resident of Georgia
The petitioner is physically, mentally, emotionally, and financially capable of handling permanent full-time custody of the child

The Different Types of Family Adoptions in Georgia

Family adoptions, also known as private or independent adoptions, are when prospective adoptive parents already have a connection with a specific child, whether they are step-parents looking to adopt or a relative looking to provide guardianship to a child who doesn’t have any.

Step Parent Adoption

Step-parent adoption is one of the most common forms of adoption in the United States. Not only is it a symbol of becoming a family but it is a legal way of ensuring that step-parents take responsibility for the child financially and legally. One of the first pieces of the adoption process is to have the biological parent’s rights terminated and to have the consent of the custodial parent.

Terminating the rights of a biological parent is not always an easy task and there are several ways this can happen. First, it’s important to note that if the biological parent is deceased, then only the approval of the legal guardian is needed. The second way to terminate rights is if the biological parent voluntarily agrees to relinquish their rights and executes the appropriate documentation to do so. The third way is that the Court will consider the request to terminate a parent’s rights who has not consented to the termination. Ultimately, the court will decide who should have parental rights to a child. Sometimes, the courts will only terminate parental rights in extreme cases where the parent has been proven to be negligent and unfit. However, when there is a Petition for Adoption where another adult is willing to step in as a parent, there is a higher likelihood that the termination request will be granted. And with an Atlanta adoption attorney, you’ll have significantly better chances of the request being granted.

Relative Adoption

Relative adoption offers a unique opportunity for a child to maintain their important family bond. Grandparents, aunts, uncles, siblings, great-grandparents, great-uncles and great-aunts are all potential family members who can adopt and provide a loving and supportive home for a child in need. Relative adoption allows for the child to be raised in familiar cultural or religious traditions, which can bring a sense of comfort and stability during a potentially difficult time. Other blood relatives or relatives by marriage, such as cousins, can also adopt, they will require a different form of adoption.

Death of a parent
Child abuse, neglect, or abandonment
Substance abuse, addiction
Mental health issues
Inability of parents to care for the child
Teen pregnancy
Incarceration
Immigration issues

Common Reasons for Relative Adoption:

How Do Adoptions Work in Georgia

The specific timeframe can vary based on factors like the court system, and individual circumstances, but usually, the process will take several months, if not longer. It’s important to consult with an adoption lawyer to understand the legal considerations involved in adoption in GA. Despite every case being unique, these four steps are typically apparent in every adoption process.

1. Termination of Parental Rights

There are strict laws in place that require a parent to either consent to the surrender of their parental rights or the petitioner must demonstrate a valid reason as to why the parent’s rights should be terminated. This decision should not be made lightly, as it not only affects the parent but also the child involved. It’s important to consider all factors before making any decisions and to ensure that the best interests of the child are always at the forefront of any proceedings.

One of the initial steps of adoption in GA is the home study, which is typically required to evaluate your suitability to become an adoptive parent. However, there is some good news for stepparents and relative adoptions: the court may agree to waive this requirement and opt for a simple investigation instead. If you’re in this situation, your lawyer can help you petition the court and prepare for the investigation. It’s important to understand the legal requirements and be proactive to ensure a smooth adoption process.

2. Pre-Placement

3. File Legal Petition for Adoption

Completing the necessary legal forms and filing them with the court can be a daunting task, but it’s a crucial step in the adoption process. You want to make sure that your paperwork is thorough and complete before submitting it to avoid any delays or complications. The good news is that with a bit of research and the support of a knowledgeable adoption attorney Atlanta, you can navigate the legalities of adoption with confidence.

4. Final Court Hearing

The final court hearing is a significant moment in the relative adoption process in Georgia and is the last step before the adoption is legally recognized. During the hearing, a judge will review all the necessary documentation and ensure that everything is in order. This is a crucial step in ensuring that the child is placed in a safe and stable home with a relative who loves and cares for them. For both the adoptive family and the child, the final court hearing marks the beginning of a new chapter in their lives, one filled with love, support, and hope for the future.

How to File an Adoption Petition in Georgia

Where is an adoption petition filed?

In most cases, prospective adoptive parents file adoption petitions in the county in which the adoptive parents live. In some situations, the adoption petition can be filed in other counties such as where the child lives, where the adoption agency is based, or where the child was born (if it’s within a year since birth).

What information is included in an adoption petition?

Personal information of the petitioner such as full name, age, date of birth, marital status, and permanent address
Personal information of the child such as name, sex, date of birth, place of birth, and citizenship/immigration status
Information regarding the placement of the child with the petitioners
Information about the current guardian or custodian of the child
Whether any individual has custody or visitation rights with the child
Legal affidavits and certificates attesting to the accuracy of the information in petition
Filing fees and deposits as required by the court

Adoption is a life-changing decision and a wonderful way to expand your family and provide a child with a loving home. However, the legal process of adoption can be complicated and overwhelming. That’s where an adoption attorney comes in. By hiring an experienced adoption attorney Atlanta like FBA Law, you will have a legal guide who will help you navigate the entire process, from start to finish.

We will ensure that your rights are protected, provide you with advice, and advocate on your behalf. With the support of an adoption attorney Atlanta, you can focus on what’s most important – welcoming your new family member into your home. So, don’t hesitate – contact FBA Law Firm, an experienced family attorney today and start your journey toward a happy and successful adoption!

How To Create A Parenting Plan

Mon, 31 Jul 2023 17:56:03 GMT

Getting a divorce is a difficult and strenuous process, and there is a lot to think about when going through one. For example, if you had children during your marriage, then a divorce can have a profound effect on them. When it’s time to separate formally, parents should ensure that a parenting plan is in place to ease the transition from an intact family to living in separate households.

Co-parenting can be a challenging journey, especially after separation or divorce. A well-structured and legally binding parenting plan can clarify each party’s responsibilities, ensure your children’s well-being, and prevent future conflicts. Working with a family law firm can help ease this transition.

A family lawyer can show you how to make a parenting plan legally binding and provide you with a parenting plan checklist so that you will be prepared for any situation. In this blog post, we will guide you through the process of how to make a parenting plan legally binding while also serving the best interests of your children. After you’ve read it, contact FBA Law to get help with creating your legally binding parenting plan or with any of your other family law needs like custody agreements.

Step 1: Prioritize the Best Interests of Your Children

When marriages end in divorce, parents and their children will need to make adjustments before moving forward. Before drafting a parenting plan, keeping your children’s best interests at the forefront is essential. Parents should discuss and prioritize their children’s physical, emotional, and educational well-being, especially if there is conflict between the parents. It’s essential to create a parenting plan that provides stability, consistency, and open lines of communication between co-parents.

Step 2: Consider the Needs and Schedules of Both Parents

Understanding each parent’s availability, work schedules, and personal commitments is crucial when designing a workable parenting plan. While common custody agreements may include one parent having custody every other weekend and during certain summer months, flexibility can be vital in addressing changing circumstances. Parents should take into consideration the unique needs of each parent and the children. Plus, make sure to address holidays, birthdays, school vacations, and any important family events.

Step 3: Communication and Conflict Resolution

An effective parenting plan created by your family lawyer should include provisions for communication and conflict resolution between co-parents. A parenting plan can help determine the best method for ongoing communication, such as email, text messages, or a dedicated co-parenting app. Having a communication plan in place can help ease tensions when unexpected circumstances arise. Additionally, establishing a process for resolving conflicts can help ensure a smoother co-parenting experience.

Step 4: Be Specific and Detailed

To create a legally binding parenting plan with the help of a family law firm, it’s important to be specific and detailed about parenting responsibilities and arrangements. For example, a notification process should be in place in the event of a child needing medical care or becoming sick during visitation spent with a co-parent. It should also outline custody and visitation schedules, decision-making authority, and information-sharing methods about the children’s education and extracurricular activities.

Step 5: Seek Legal Advice

Step 6: Review and Revise Regularly

Consulting with a family lawyer is highly recommended when creating a parenting plan. An experienced attorney can provide guidance, ensure compliance with local laws, and help create a plan that addresses your unique needs and circumstances. While there are many attorneys practicing around Atlanta, not all of them specialize in family law. It’s important to find an expert family attorney to ensure that your parenting plan is legally binding and beneficial to every party involved.

A parenting plan is not a one-time document. As your children grow and circumstances change, it’s important to review and revise the plan accordingly with a family law firm. Parents should regularly reassess the plan to ensure it remains up-to-date and meets the evolving needs of your family. Some examples of how circumstances can change are if an ex-spouse gets married, relocates to another state, becomes ill, becomes incarcerated, or even passes away. A strong, updated parental plan can help guide you and your family through these difficult times with a clear understanding of who is responsible for what and how to proceed.

Need to Schedule an Appointment with a Reputable Family Attorney? Contact Fennell, Briasco & Associates Today!

Creating a legally binding parenting plan is crucial for successful co-parenting. By prioritizing your children’s best interests, considering each parent’s needs, using our parenting plan checklist , and seeking legal advice from a family lawyer, you can establish a plan that provides stability and ensures the well-being of your children. Remember to communicate openly, be specific in your arrangements, and review the plan regularly for optimal effectiveness. With a solid parenting plan in place created with the help of an expert family law firm, you can navigate the co-parenting journey with confidence and peace of mind. Contact Fennell, Briasco & Associates for a free consultation today!

The Ultimate Guide to Child Custody Laws in Georgia

Tue, 21 Mar 2023 20:44:46 GMT

When parents divorce or separate, their children become the central focus of upcoming legal proceedings. Custody issues affect tens of thousands of families across the State of Georgia, changing the ways that divorced and separated parents continue to remain an important part of their children’s lives. There are often complex questions about how to get primary custody of your children in Georgia or even questions about filing for custody in Georgia in a general sense. This guide can help alleviate any questions regarding this complex and highly important legal topic.

Child custody laws in Georgia are complicated. They involve a web of legal issues related to family law, divorce, child support laws, visitation rights, and more. To help you understand the basics of child custody laws in Georgia , our team of family law experts created this guide as an overview of the laws and regulations that may affect your child custody case. Below, our team compiled 20 of the most common questions related to child custody laws in Georgia.

It is important to remember that every custody case is different. Every family deals with unique facts and issues that require careful analysis by an attorney. To learn more about how these laws might affect your case, contact the family law attorneys at Fennell, Briasco & Associates™ for a FREE legal consultation.

FAQ's: Child Custody Laws in Georgia

What are the steps in filing for custody in GA?

From the moment a case is filed to the time it is resolved, child custody cases go through a number of important steps and processes. A quick overview of child custody procedure involves the following steps:

Establishing Jurisdiction : Jurisdiction refers to the court’s power to call the parties into court and, more importantly, the court’s power to issue a binding decision against those parties. Jurisdictional rules are complex, especially when it comes to children and families that live in different states. Always speak with an attorney about how these jurisdictional rules might affect your case (e.g., determining the county or state in which to file your custody action).
Filing for custody in GA: Child custody petitions are usually filed in the context of (i) divorce, (ii) separation, (iii) legitimation, or (iv) a modification of an existing custody order. In other words, when you file for divorce or legitimation, you will usually provide additional information about the child custody arrangement you are seeking. Under child custody laws in Georgia, you must submit a “parenting plan” with your proposal for child custody. If both parents agree on the proposed parenting plan, then additional trials and hearing may not be required.
Notice & Response: In all cases, the other party (i.e., the other parent or guardian) must be notified of the filing of the child custody petition. This is called service of process and can be accomplished by a sheriff or process server. Once the other party has received notice, he or she will have an opportunity to respond to the filing and submit their own parenting plan.
Temporary Hearing : Depending upon what county your case is in, within the first 90-days after filing, you may be notified of the first non-emergency hearing. In this meeting, the parties (accompanied by counsel) will meet with the judge to determine preliminary issues in the case. During the Temporary Hearing, the judge may appoint a guardian ad litem to assist throughout the case.
Mediation : Today, many judges require parties to attend mediation. Mediation has become an effective way to reduce the cost and increase the efficiency of child custody disputes. If ordered by the court, you may be required to attend mediation with the other party in an effort to resolve differences and seek agreement on key points in the child custody case. If the parties cannot agree on issues even after mediation, the case may proceed to subsequent steps.
Status Conferences : Throughout the case, parties (or their attorneys) may be asked to meet with the court to provide a status update on the child custody case. In these status conferences, parties and counsels may meet with the judge, a judicial officer, or a staff attorney from the court. Status conferences are often scheduled every 30-60 days, though county scheduling rules may vary. During status conferences, parties exchange information and provide the court with detailed information about the case.
Discovery : Discover refers to the process of collecting evidence, testimony, and other information related to the child custody case. During the discovery phase, parties may request production of documents, emails, text messages, photographs, videos, school records, medical records, financial records, and other information that may assist the court in determining child custody. Upon request, you may also be required to sit for a deposition, where you will have to answer questions under oath.
Trial : If there is still no resolution in the case, the case will proceed to trial—a formal setting in which a judge will preside over the parties as they present evidence and testimony in support of child custody. The judge may also call on witness to provide testimony. Trials can last anywhere from a few hours to several days or even weeks.
Final Custody Order: A child custody case concludes when the judge writes the final order. The final order describes the full extent of judge’s ruling on child custody and describes which parent is awarded legal custody and/or physical custody, how the parents will structure child visitation, and the final parenting plan that the parents must follow. This Order will be signed by the Judge and filed into the Court’s record.
Enforcement: Child custody is an ongoing issue with long-term effects. After the conclusion of the child custody case, parents are expected to abide by the terms of the judge’s final order. If violated, parties may seek a remedy in court. For example, if a parent is granted regular visitation rights but is later denied, the parent should consult an attorney to enforce the existing court order

How is child custody determined?

In all child custody cases, the primary legal consideration is “what is in the best interest of the child and what will best promote the child’s welfare and happiness.” While for many parents, the primary concern is how to get full custody in GA, there are 17 factors that the court takes into consideration when assessing custody arrangements. No single factor is determinative in establishing custody rights under custody laws in Georgia. These factors, with examples, are shown in the table below. The full text of the law can be found at O.C.G.A. § 19-9-3.

What are the different types of custody arrangements?

Under Child Custody Laws in Georgia, there are different types of child custody determinations. Depending on the final custody order, each parent may receive a varying degree of authority in physically caring for the child and making decisions on behalf of the child. There are two primary considerations associated with child custody laws in Georgia: (a) physical custody, which refers to when, where, and how the child will live with each parent, and (b) legal custody, which refers to how each parent is involved in making decisions related to the child’s medical care, education, religion, and extracurricular activities.

Sole Custody: In some cases, the court vests all custodial duties in a single parent. The parent is therefore the primary physical custodian of the child (caring for the child the majority of the time) and the sole legal custodian of the child (making all important decisions on behalf of the child). In general, awards of sole custody are rare.
Joint Physical Custody : In many cases, parents share some degree of joint physical custody. For example, one parent may care for the child from Sunday morning through Wednesday evening, while the other parent cares for the child from Wednesday evening to Sunday morning. In this scenario, one parent will be designated the primary physical custodian while the other parent will be designated the secondary physical custodian. Other examples of joint physical custody include “every other week” arrangements between parents.
Joint Legal Custody : Parents often share some degree of legal decision-making capacity on behalf of the child. In general, Georgia courts prefer that both parents remain an important part of the child’s life, encouraging the parents to reach consensus on issues related to the child’s healthcare, education, extracurricular activities, and religious and social life. Under joint legal custody, the parents may broadly share decision-making authority, or each parent may receive decision-making authority in specific areas of the child’s life. If the parents cannot reach a joint decision on behalf of the child, the primary physical custodian usually has the ultimate authority in the decision.

Who decides child custody?

The judge is the ultimate decision-maker in child custody cases. Under child custody laws in Georgia, there is no right to a jury in child custody cases. O.C.G.A. § 19-9-3 9(a)(2). This is very different from other areas of family law or Georgia divorce laws , where juries are frequently involved. The judge must exercise discretion in considering all of the facts and issues in the case. At the conclusion of trial, the judge must provide a written court order explaining the basis for the decision.

Can both parents make decisions about the child’s upbringing?

Usually yes. Child custody laws in Georgia encourage parents, when possible, to share joint legal custody of their children—allowing each parent to participate in important life decisions. There are many categories of parental decision making, including:

Education : Your child’s academic development is important. If parents divorce while their child is still in elementary school, middle school, or high school, they will have to make important decisions about their child’s education. Will the child attend public or private school? In which school district should the child attend school? Which parent will be the primary point of contact for parent-teacher conferences, emergencies, or discipline? These are all important questions that affect the legal relationship between parents in their child’s education.
Religion : Parents can differ on their preferences for the religious upbringing of their children. Whether children should attend a parochial school, participate in certain faith-based activities, or join certain religious groups is a profoundly important question facing divorced and separated parents. For many Georgia families, the role of religion in their child’s life is an important part of the child custody case.
Healthcare : What happens when/if your child is injured or sick? As doctors consult your family about different treatment options, a decision will ultimately have to be made about the child’s course of treatment. In making these difficult medical decisions, courts may allow one party to have final decision-making powers for all non-emergency healthcare decisions.
Extracurricular Activities : Kids are busy. They are involved in sports, afterschool activities, hobbies, clubs, and active social lives. To juggle this schedule of extracurricular activities, parents have to make important decisions about how their children spend this time. Both parents play an important role in these after-school activities, like transportation requirements and payment of activity fees. The court may grant one parent with the power to make final decisions on these issues.

Which parents can have access to private information about the child?

Parents with legal custody of their children have the right to access private information about the child. From academic information (like grades and disciplinary history) to medical records (like pharmaceutical prescriptions and medical diagnoses), each parent usually has the right to obtain private information about their child. In some cases, each parent must go as far as to “provide the other with passwords for access into the child’s school or medical records.” Tinnermon v. Tinnermon, Cobb County Superior Court (2015).

What is a Guardian ad Litem?

A Guardian ad Litem is an officer of the court that receives specialized training in representing the best interest of the child in a custody case. The job of the Guardian ad Litem (sometimes called “GAL”) is to “assist the court and the parties in reaching a decision regarding child custody, visitation and child-related issues.” Georgia Uniform Rules for the Superior Courts § 24.9. With court approval, the GAL has the power to:

Review “all records maintained by any school, financial institution, hospital, doctor or other mental health provider…”;
Conduct an examination of “any residence wherein any person seeking custody or visitation rights proposes to house the minor child”;
Request “the court to order examination of the child, parents or anyone seeking custody of the child, by a medical or mental health professional, if appropriate…”; and
Participate in “all hearings, trials, investigations, depositions, settlement negotiations, or other proceedings concerning the child.”
Georgia Uniform Rules for the Superior Courts § 24.9(4). To assist the court in making a final custody determination, the GAL will submit a written report of its independent evaluation of the child’s best interests.

Can child custody be split 50/50?

In theory, yes. Parents can share joint legal custody and joint physical custody of their children. This is common among many Georgia families, especially where parents are geographically close to one another and can easily transport the child to and from each home for purposes of joint physical custody. Practically speaking, though, it is difficult for parents to receive a true 50/50 split of their child’s time and decision-making capacity. For example, if each parent has a 50% vote in making decisions on behalf of their child, there are going to be lots of instances where parents are stuck in gridlock. To avoid this scenario, one parent may have final decision-making authority, allowing that parent have the final say when parents disagree after they have engaged in a good-faith discussion about the issue. Similarly, even though parents may share joint physical custody, it is unlikely that the child will spend exactly 50% of time with each parent. From week to week, there are likely to be minor fluctuations in parenting time. Still, parties are still expected to comply with the court’s parenting plan as closely as possible.

How do courts determine if the mother or father should get custody?

Under child custody laws in Georgia, there can be no preference for either mothers or fathers in child custody cases. See O.C.G.A. § 19-9-3(a). The courts are expected to act with neutrality and discretion, regardless of the parent’s gender.

Do grandparents have a right to visitation or child custody?

Under child cusotdy laws in Georgia, parties are encouraged to work together so that grandparents can remain an important part of the child’s life and upbringing. However, the Georgia State Constitution and the United States Constitution provide natural parents with special constitutional protections related to the care and upbringing of their children. Generally, a parent’s wishes outweigh those of grandparents. Upon either parent’s objection, grandparents do not have a right to visitation or custody of their grandchildren. See Brooks v. Parkerson, Georgia Supreme Court (1995). Only in unique circumstances, like when neither parent is fit to care for the child, will grandparents play an outsized role in child custody proceedings.

Does alcoholism or drug use affect child custody?

Yes. Child custody orders can be modified by either party. Actions to modify child custody are usually brought in response to a material change in circumstances. The party requesting modification will likely argue that the best interests of the child are served by modification of the existing custody order. Custody modifications may arise in the event of (a) remarriage or relocation of either parent, (b) serious offenses committed by either parent, (c) military deployment of either parent, or (d) the child reaching a sufficient age to select the primary custodial parent. Actions for child custody modification are common in Georgia. If you are seeking to modify or change an existing child custody plan, contact an attorney to discuss your legal options.

Can child custody be changed?

In some cases, yes. As described above, substance abuse is one of the factors considered by the court in issuing child custody orders. However, the court will evaluate a wide range of issues related to the parent’s history of substance abuse, alcoholism, pharmaceutical addiction, or recreational drug use. For example, the court will consider the severity of the parent’s substance abuse, the time period of the substance abuse, and whether the parent has sought treatment.

Can you appeal a child custody case?

Yes. Either party can appeal the court’s final decision in a child custody case. Under Georgia law, parties may appeal any “judgments or orders in child custody cases awarding, refusing to change, or modifying child custody or holding or declining to hold persons in contempt of such child custody judgment or orders.” O.C.G.A. § § 5-6-34(a)(11). After the child custody case is resolved in the county superior court, the case may be appealed to the Georgia Court of Appeals and, subsequently, to the Georgia Supreme Court.

Can parents agree to child custody in a prenup (i.e., a prenuptial agreement)?

While many prenuptial agreements may contain provisions related to child custody, the Court typically holds that those provisions are not enforceable as they cannot speak to the best interest standard at the time the custody action is occurring. The Court is tasked in determining custody based upon the best interest of the child in the current circumstances, which may have changed significantly since the time the parties entered into the prenuptial agreement.

Can child custody be settled out of court?

Yes. Many child custody cases are settled entirely out of court. In cases where the parents agree on the proposed parenting plan, the parties can submit the proposed custody arrangement to the court for approval, often without the need for any lengthy or formalized hearings. While parties can engage in out-of-court negotiations, the parties should always file any agreements with the court so that the custody agreement is legally enforceable. The parties may also settle child custody disputes in other settings like mediation or settlement conferences. A case will only proceed to trial if the parties cannot resolve the issue of child custody on their own.

What is child custody mediation?

Under child custody laws in Georgia, the court may order parties to attend mediation. The goal of mediation is for the parties to reach a mutually agreeable resolution on issues related to child custody. Because mediation takes place out of court, it is usually more relaxed and conversational that the rigid procedures inside of a courtroom. As the parties seek to work out their disagreements, a mediator presides over the meeting to resolve conflicts and help the parties reach an agreement. The court may also order parties to attend other forms of “alternative dispute resolution” to settle issues out of court, including, for example, arbitration. What happens if custody mediation fails? The case will usually just progress to the next phase of the legal proceeding. In some cases, the judge may order the parties to attend a subsequent round of mediation or attend a judicially-hosted settlement conference. In other cases, the parties may proceed with discovery or, ultimately, trial. Failure to reach an agreement during mediation does not preclude the parties from reaching an out-of-court settlement later on.

When can a child decide custody?

At a certain age, children can provide input about their own preferences in the outcome of the custody arrangement. Based on child custody laws in Georgia, children can exercise such rights at the following ages:

Ages 11-14: In making a final custody decision, the judge must consider what the child wants. Nonetheless, the child’s wishes are not binding on the court.

Ages 14+ : The child’s custody preference is presumptively valid. The judge can override the child’s wishes if there are strong grounds to believe that the selected custodial parent will not serve the best interests of the child.

How does moving or changing schools affect child custody?

Major life events, like relocating to a new city (either inside or outside of Georgia), can have a major effect on existing custody arrangements. In the event of relocation or remarriage, parties must provide appropriate notifications to the other parent. In response to a party’s relocation, each party may seek modification of the existing parenting plan. According to the Georgia Supreme Court, “remarriage and relocation directly affect a child but they do not automatically warrant a change in custody.” Scott v. Scott, Georgia Supreme Court (2003). The court explains that some situations like “the relocation of residence to a superior school district or a safer neighborhood” may serve the best interests of the child. However, the court will assess all relevant factors related to the relocation, including any potential trauma or difficulty the child may face in adjusting to the new location.

What are child support obligations?

Child support obligations are court-ordered monthly payments to the primary custodial parent “to maintain minimally adequate housing, food, and clothing for the child [or children] being supported…and to provide other basic necessities, as determined by the court or the jury.” O.C.G.A. § 19-6-15. Child support obligations are not the same as alimony, which is money paid to support the ex-spouse after divorce. Child support payments only cover children that the parent has a legal obligation to support (i.e., those with a legitimated interest in the child), and does not extend to stepchildren or other minors that are not the children of the payor. Unless modified, child support payments 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).

What is a court-approved parenting plan?

In all child custody cases, parties are required to submit a proposed parenting plan to the court. The court must approve the Parenting Plan in order for the agreement of the parties to become the court’s final order on custody and parenting time. The court’s approved final parenting plan lays out a legally binding custody arrangement, specifically outlining how the parties will address:

Physical custody and visitation rights, including when the child will spend time with each parent during the upcoming year;
Legal custody as it relates to how the parents decide issues of healthcare, education, religion, and extracurricular activities;
Holidays, vacations, birthdays, and school breaks, including which parent will have custody during those periods; and
Transportation arrangements to and from each parent’s house or a central meeting location.

Get Help With Your Child Custody Case at Fennell, Briasco, & Associates

The development and approval of a parenting plan is arguably the most important part of a child custody case. Your attorney will spend a significant amount of time proposing a parenting arrangement that maximizes your involvement in the child’s life. For more information about Georgia parenting plans for divorced and separated parents or to speak to a specialized divorce lawyer , contact the team at Fennell, Briasco & Associates™ for a free legal consultation.

Should You Stay Married for the Kids?

Tue, 29 Nov 2022 21:25:06 GMT

Do you find it difficult to decide whether to stay married for your kids or file for divorce and face a long and troublesome custody trial? A discussion with a Georgia family law attorney may help. While you should not let anyone tell you what to do about your marital problems, finding out what consequences of each option will definitely aid you in your decision.

You already know what staying married means, and you are the only one who gets to decide if it is worth it. You probably feel it is time to get a divorce and start over, but you worry about how it would affect your children and your custody rights, and you might be wondering how to stay married for the kids.

Leaving the psychological impact your decision may have aside, you surely want to know where you stand from the legal point of view. The easiest way to find that out would be to consult a Georgia family law attorney. Until you decide to do that, it may help to take a closer look at what divorce, child custody, and alimony proceedings involve according to Georgia laws.

You will find all the laws referring to divorce and child custody grouped under Georgia Code Title 19 (Domestic Relations). It has 15 Chapters, each with its own sections. The ones you surely want to read refer to Divorce, Child Custody, and Alimony and Child Support, but, depending on your situation, all chapters may contain some useful information.

Here is a brief guide to what the three most important chapters cover and what you should keep in mind if you’re not staying married for the kids and before filing for divorce:

Georgia Divorce Laws Basics

According to Georgia Code Title 19 Chapter 5, there are multiple grounds upon which you can file for divorce (no-fault, impotency, adultery, habitual intoxication, cruel treatment, etc.). In order to avoid unnecessary conflicts with your spouse, consider filing for a no-fault divorce. It will save you from the trouble of proving your divorce grounds and could simplify the process.

When the divorce is finalized, you will receive a Final Divorce Decree. The divorce decree will cover not only the end of your marriage and the division of your assets and debts, but also who gets child custody, who pays child support and alimony, in what amount, and whether the wife returns to her maiden name. It is often best to determine what is most important to you and try to negotiate a settlement with your spouse.

If you cannot reach one, you will most likely have to fight over the details in court, and it will most likely cost you time and money. Keep in mind that Georgia courts rarely grant divorces without a waiting period of 30 days, to give couples a chance to reconcile.

While the divorce is pending, you should not sell any marital property unless both parties have reached an agreement as to the sale of the marital property. If you rely on selling assets to cover your expenses or pay your attorney fees, try agreeing on their sale before the divorce with your spouse, or find the money you need elsewhere. Consider reaching an agreement regarding the division of all assets, to avoid unnecessary extension of the divorce process.

A Brief Guide to Georgia Child Custody Laws

In Georgia, the Court looks at what is in the best interest of the children when deciding custody and visitation. There are many factors that the court takes into consideration when determining what is in the children’s best interest.

When requesting child custody, both you and your spouse will have to come up with a parenting plan. It’s great if you can work one out together, but if not, you can each present your own to the Court for consideration.

As a general rule, if you want primary custody of your children, you need to show the court that remaining with you is in the children’s best interest. If you can and your situation allows it, you should try reaching an agreement with your spouse to come up with a parenting schedule that works best for not only both parents, but the children as well.

A Brief Guide to Georgia Alimony and Child Support Laws

According to Georgia Code Title 19 Chapter 6, depending on your grounds for divorce and your financial situation, you may be entitled to temporary or permanent alimony. The alimony amount will most likely be sufficient to cover the support of the children but will eliminate your spouse’s liability to third parties for necessities furnished to your children.

Here is what the court takes into account when establishing the alimony amount:

Living standard during your marriage
Marriage duration
The spouses’ age and physical and mental condition
The time it takes to complete a training program and find employment
Each spouse’s contribution to the marriage
Each spouse’s financial situation and earning capacity.

No matter the amount or duration, alimony payments cease automatically upon the beneficiary’s remarriage.

Get Advice on Divorce, Child Custody, and Alimony from an Experienced Family Law Attorney

Unfortunately, Georgia laws are quite intricate, and finding your way through them when dealing with the stress of a divorce and worrying about your children is not easy. Even if you learn them by heart, you could still use the advice of an experienced family law attorney to apply them to your particular situation and use their stipulations in your favor.

At Fennell, Briasco, & Associates, you will receive the advice you need from a compassionate, experienced, and dedicated Georgia family law attorney who understands what you are going through and will do everything in their power to help you. If you find yourself asking “should I stay married for the kids,” contact us today to schedule a free legal consultation to discuss all your options for divorce in Georgia. We are here to help you do what’s best for you and your children.

Tips on How to Cope as a Single Parent

Mon, 10 Oct 2022 04:03:23 GMT

Whether you are a single parent by choice or circumstance, it can be tough to manage everything independently. Juggling work, childcare, and household duties can feel like the weight of the world is on your shoulders. You have to take care of everything and everyone by yourself. While this can be overwhelming, there are ways to make life a little bit easier. Here are some tips to help you cope as a single parent.

Effects of Single-Parent Households

In the United States, single mothers and fathers are raising an increasing number of children. According to a Pew Research Study, the United States has the highest rate of single-parent households in the world, with almost 23% of children living with one parent. While these households have become more commonplace, there is still much debate about the effects of single-parent households.

On the Child

Some argue that growing up in a single-parent home can lead to difficulties such as behavioral problems, poor academic performance, and social isolation. Since even in the best circumstances, single mothers and fathers often have less time and energy to devote to their children than in two-parent households Others maintain that single-parent households have no negative effects on children and can thrive just as well as those in two-parent homes. The effects of single-parent households on children are complex and contested. Still, there is no doubt that they can profoundly impact a child’s development.

On the Single Parent

The effects of single-parent households on the single father or mother can be both positive and negative for the parent themself. On the positive side, single parents often have a strong bond with their children. They are also more likely to be involved in their children’s education and instill values such as responsibility and independence.

On the negative side, single parents often struggle to find the time and energy to care for their own needs, leading to feelings of guilt and exhaustion. Additionally, financial stress is common, as there is only one income to support the family. This can lead to further difficulties, such as mental health problems and relationship issues. However, it is important to remember that every situation is unique, and not all single parents will experience these effects. Being a single mother or father can be a positive and enriching experience with the right support system.

Time Management Tips for Single Parents

Routines Are Important

Being a single parent is hard work. Not only do you have to juggle the demands of your children, but you also have to manage the household and everything that goes along with it. One of the best time management tips for single parents to make life easier is to develop a habitual routine. By establishing a daily routine, single parents can avoid the negative effects of single parenting, such as feeling overwhelmed and stressed, as it helps them to use their time more efficiently and ensures they have time for everything that needs to be done.

This parenting tip for single fathers and mothers is especially beneficial to children as it can provide structure, helping them to feel secure and confident in their surroundings. Children who know what to expect are less likely to act out or become disruptive. As a result, routines can contribute to a calm and orderly household. Of course, schedules will need to be adjusted from time to time as circumstances change. However, with a little planning and effort, you can develop time management skills that will benefit you and your children.

Get Organized

Being a single parent is no easy feat, and it can be hard to find time for everything. An important time management tip for single parents is to develop organizational skills. A well-organized home can save valuable time better spent with family or self-care activities. Furthermore, an organized house can help reduce stress and create a calm and inviting environment.

This may seem like a daunting task. The important part of this parenting tip for single fathers and mothers is don’t try to do everything at once – focus on one small area at a time. To get started, try implementing a simple organization system, such as creating a designated place for keys, putting all the bills in one spot, or making a daily to-do list. Additionally, consider designating specific areas of your home for specific tasks. For example, having a designated homework area free of distractions will help your child focus on their studies and help keep your home organized.

Once you get into the habit of being organized, you will be surprised at how much time you save and how much less stressed you feel.

Asking for Help

There are many ways to get help, whether from friends, family, or the community. Resources and parenting tips for single mothers and fathers can be found online or at a local library. You can also find many support groups for single parents that offer advice and a sense of community. It’s important to find a support group that you can vent to and draw upon for strength and encouragement in times of need. Having people in similar life circumstances as close friends who understand your situation as a single father or mother is very valuable.

Single-parent families are very common, more so now than ever before. There are many families like yours and many people out there in similar situations. There is no shame in admitting that you need help; asking for help is a sign of strength, not weakness. This can come in many forms, from asking a friend or family member to babysit so you can have some time to yourself to hiring a tutor to help your child with their homework.

Self-Care Is Necessary

Make time to take care of yourself! If you’re a single mother or father, taking care of yourself physically and emotionally is important. You likely spend so much time caring for your kids that it’s easy to neglect yourself. The daily effects of single-parent households can result in a buildup of stress and self-neglect that can be detrimental to one’s mental and physical health. Make sure to schedule some time each week for yourself to experience some relaxation and enjoyment, whether it’s going for a walk, reading a book, or taking a bubble bath.

Taking the time to nurture your physical, emotional, and mental well-being will help you to be more patient, present, and capable of meeting the challenges of parenting head-on. When you take care of yourself, you’re improving the quality of your life and setting a good example for your children. So, take a break when you can, put your feet up, and remember to take care of yourself—you deserve it!

Need more information on custodial rights? Contact FBA Law today!

Being a single parent can be difficult, but with the right tools in your arsenal, you can make it through. These time management and parenting tips for single parents should help you get started.

There are many resources available to help you succeed as a single parent. FBA Law Firm Woodstock GA , is one of those resources. If you are looking for additional support on your journey, contact FBA Law to find out how we can help. Custodial rights can be complicated, so it is important to consult with a family law attorney who can help guide you through the process. We have experience helping families like yours and want to ensure you have all the resources you need to succeed, whether you are facing a separation or need help with child support proceedings. You can reach us at 770-830-4251 for a free consultation.

Can Failure to Pay Child Support Terminate Parental Rights?

Wed, 03 Aug 2022 04:16:09 GMT

If you are a parent who is behind on your child support payments, you may be wondering if you could lose your parental rights as a result. The answer to that question is not straightforward, as the laws governing this area vary from state to state.

If you are behind on your child support payments, it is crucial to seek legal assistance from a family law attorney so you can understand your options and protect your parental rights.

In the state of Georgia, failure to pay child support will not automatically terminate your parental rights. There are a number of factors that courts will consider when deciding whether to terminate parental rights due to non-payment of child support. We will explore the termination of parental rights in Georgia and provide guidance on when it may be appropriate to do so.

What does termination of parental rights mean?

The most common reason for termination is abuse or neglect of the child, but other grounds may include felony convictions, drug abuse, or abandonment. This can be done voluntarily, through abandonment or neglect, or involuntarily through a court order. Once parental rights are terminated, the parent no longer has any legal obligations or responsibilities to the child. While this may seem harsh, in some cases, it may be necessary to protect the child from an abusive or neglectful situation.

In the United States, a court can terminate parental rights for various reasons. Termination of parental rights is the legal process by which a parent’s legal relationship with their child is severed. In Georgia, the termination of parental rights (TPR) means that legal custody and guardianship of a child is permanently transferred from one or both parents to another party, most often a relative or the state.

Suppose the Court is considering terminating your parental rights. In that case, it is essential to consult with an experienced family law attorney to ensure that you understand all of the implications and potential outcomes of this ruling by the Court.

Yes, Failure to Pay Child Support Can Lead to Termination of Parental Rights

A parent’s rights can be terminated for failure to pay child support. The basis for termination of parental rights in the state of Georgia is found in OCGA § 19-7-15, which states that the court may order such termination if the parent has failed to discharge their duties for six consecutive months and has not paid child support “wanton and willful[ly] without a reasonable excuse” during that time.

The court may also find that termination is in the child’s best interests based on the totality of the circumstances. Penalties one can incur from a failure to pay child support include denial of passport applications, suspension of driver’s, hunting and fishing licenses, contempt citations and sanctions, and even possible incarceration.

If you are facing termination of parental rights due to non-payment of child support, you must speak with an experienced family law attorney who can help you protect your rights.

What are other reasons for the termination of parental rights?

There are a variety of reasons why parental rights may be terminated. Some of the most common reasons include:

Incarcerated for more than three years, a conviction of a felony.
Failure to discharge parental duties in a year or longer before filing, such as failure to develop a relationship with the child, failure to provide for the child as determined by the law, misconduct or inability to care for the child
Neglect, abuse, or abandonment that cannot be remedied and will result in long-term harm to the child
Death of sibling as resulting from abuse or neglect
If the parent is found unfit to care for the child
Parent and court consent to voluntarily surrendering a child to adoption agencies, foster homes, other blood relatives or the Department of Human Resources

What rights do you have if your parental rights are being terminated?

Ultimately, it is up to the court to decide whether or not to terminate your parental rights. If they do so, you may (depending on the status as a custodial or non-custodial parent) no longer have any legal obligations or rights concerning your child.

You have certain rights and responsibilities if your parental rights are being terminated in Georgia. First and foremost, you have the right to be represented by an attorney throughout the process. You also have the right to present evidence on your behalf. Depending on the circumstances, the court may also consider testimony from experts or other witnesses.

Can you voluntarily sign away your parental rights?

In Georgia, you can voluntarily sign away your parental rights in certain circumstances. This means that you will no longer have any legal authority to make decisions for your child–such as decisions about custody, visitation, or education. You will also no longer be financially responsible for your child, you and your child will no longer be able to inherit from one another.

To do so, you must go before a judge and state your reasons for wanting to relinquish your rights. The judge will then consider your case and determine whether it is in the child’s best interests to terminate your parental rights. If the judge decides it is, they will sign an order terminating your rights.

If you are considering signing away your parental rights, it’s highly recommended to speak with a lawyer first. There may be specific reasons why this may not be a good option for you and your child. Your lawyer can help you understand the implications of signing away your parental rights and advise you on the best course of action for your situation.

Does losing parental rights stop child support?

In Georgia, losing parental rights will usually stop continuing child support, but does not alleviate any past due amounts that may have accrued prior to the termination. Child support is typically determined by a number of factors, such as income, number of children, and custody arrangements. Depending on the status of the custodial parent, if one parent loses parental rights, the other parent may still be required to make child support payments for past due amounts.

Get Your Questions About Parental Rights and Child Support Answered

In Georgia, parental rights can be terminated if you are delinquent in your child support payments, but this is usually just one of many reasons the Court may consider terminating parental rights. Failure to pay child support alone is usually not sufficient for the Court to terminate a parent’s legal rights to a child given the Court’s other available remedies and sanctions for such conduct. Terminating parental rights is complicated, and there are many reasons why it may happen. If you are concerned that you may lose your rights or want to sign them away, it is essential to speak with an attorney in our Woodstock law office who can explain the process and help you make the best decision for yourself and your child.

What Is an Advance Healthcare Directive (and What Does It Do)

Fri, 24 Jun 2022 21:03:49 GMT

When it comes to our healthcare, we all hope for the best. But what happens if we’re suddenly faced with a medical emergency and are unable to make our own decisions? Without a proper plan, you won’t have a say in your medical treatment. The responsibility for your health could fall on your family members or doctors, who may not know your preferences for medical treatment. Luckily, an advance healthcare directive will allow you to still have a say in your treatment plans, even if you’re not able to communicate at the moment.

What Is an Advance Directive?

An advance directive is a legal document that describes your preferences for medical care if you are unable to make decisions for yourself. These directives are often written by probate lawyers, and they can include your wishes regarding life-sustaining treatment, organ donation, and pain management. It can also appoint a healthcare proxy, who will have the authority to make decisions on your behalf if you are incapacitated. Advance directives provide peace of mind for both you and your loved ones, as they ensure that your wishes will be respected in the event of a medical emergency. Creating an advance directive is an important step in ensuring that you receive the type of care that you desire.

The Patient Self-Determination Act

The Patient Self-Determination Act (PSDA) is a federal law that was enacted in 1990. The PSDA gives patients the right to make decisions about their medical care, including the right to accept or refuse medical treatment. The law also requires healthcare providers to give patients information about their rights under the PSDA. In addition, the PSDA requires healthcare facilities to develop policies and procedures regarding advance directives, such as living wills and Durable Power of Attorney for Healthcare. The PSDA is an important law that protects patients’ rights and ensures that they have a say in their medical care.

Advance Healthcare Directives vs. Medical Power of Attorney

While both documents are important, many people are unaware of the differences between an advance healthcare directive and medical power of attorney. An advance healthcare directive is a legal document that outlines your wishes for medical care if you’re unable to communicate for yourself and provides detailed instructions as to life-saving procedures that you are authorizing for your care. It also allows for you to state limitations on care as well as whether or not you authorize an autopsy or organ donation should you pass away. A medical power of attorney similarly designates someone else to make medical decisions on your behalf under certain conditions. However, this document leaves most of the decisions up to your named healthcare agent versus stating them more explicitly in the Advanced Directive. Both documents can be used to express your wishes if you become incapacitated, but they provide different levels of information related to your wishes regarding medical treatment. Because of this, it’s important to discuss both of these options with your lawyer, doctor, and loved ones to ensure you make the best decision for your health.

How To Discuss Advance Directives With Your Loved Ones

While it’s important for your doctor to understand your advance healthcare directive, it’s equally important to discuss your directive with your family. Discussing serious medical problems or end-of-life care can be frightening or upsetting for anyone, but if your family isn’t aware of your advance directives, then they may not be able to understand the decisions being made by doctors or they may not know how to answer questions by doctors. To help ease the stress of these discussions, we’ve described a few tips to make this conversation easier for you and your loved ones

Open the Discussion Early

Many people avoid having discussions about healthcare directives because they find the topic difficult to broach. However, these discussions are important to ensure that your wishes are carried out in the event of a medical emergency. Discussing your healthcare plans early allows you and your loved ones to understand your decision and plan for unexpected incidents. These early conversations can also help ease any tension or anxiety that may arise during a crisis. By having early discussions about your healthcare directives, you can give yourself and your loved ones some peace of mind.

Focus on the Positives

When you’re telling your loved ones about your healthcare directive, it’s important to focus on the positives of the situation. While it might seem strange for such a serious situation to have benefits, you’re sharing these details with your loved ones because you trust them to follow your wishes and want to give them some peace of mind. It’s an example of your trust in them to make the decisions that you want. If you just take a breath and start the conversation, you may be surprised at how willing they are to listen and engage in this important discussion.

What To Do After You’ve Created Your Advance Healthcare Directive

Now that you’ve taken the time to create your advance healthcare directive, it’s important to take a few additional steps to ensure that your wishes will be carried out. First, make copies of the directive and give them to your doctor, your family members, and anyone else who might be involved in your care. It’s also a good idea to keep a copy in a safe place, such as a fireproof box or a safety deposit box. You should also review your directive on a regular basis and update it as needed. And finally, be sure to communicate your wishes to your loved ones and make sure they know where to find a copy of your advanced healthcare directive should they need it. They may need to make difficult decisions on your behalf, and it’s important that they know what you would want. By taking these simple steps, you can help to ensure that your advance healthcare directive will be followed if you’re ever unable to speak for yourself.

Hire a Lawyer To Help With Your Advance Healthcare Directive

If you have any questions about your advance healthcare directive or want to ensure you have every detail covered, you should contact a lawyer that can provide you with more information. You may also want to discuss estate planning or estate administration plans at this time since they also deal with end-of-life care and emergencies. Regardless of your situation, the lawyers at Fennell, Briasco & Associates will be able to help you create an advance healthcare directive that will help you and your loved ones.

Why It’s Important To Have a Family Lawyer

Wed, 18 May 2022 16:57:40 GMT

Family law can be incredibly complex, and it’s important to have an attorney who specializes in this area to ensure that your rights are protected. A family law attorney will be able to advise you on the best course of action to take in your particular situation and make sure that you are treated fairly by the legal system.

If you are going through a divorce, for example, a family lawyer can help you navigate the process and protect your interests. They can also help you with child custody and support issues, as well as visitation rights. Likewise, if you are considering adoption, a family law attorney can provide guidance and representation throughout the proceedings.

In addition, a family lawyer can assist you in drafting prenuptial and postnuptial agreements. If you are involved in a family dispute, such as a custody battle, local family lawyers can offer advice and representation.

What is family law?

Family law is the area of the legal system that deals with family-related issues and domestic relations. This can include things like marriage, divorce, a child custody hearing, or adoption proceedings. The laws surrounding these topics can vary from country to country, and even within individual states or provinces. In some cases, family law may also refer to the laws governing relationships between family members, such as guardianship or visitation rights.

Family law is often considered a branch of civil law and is typically handled by family court judges. In some jurisdictions, however, family law cases may be heard in criminal courts if they involve allegations of domestic violence.

While the specifics of family law can vary depending on where you live, there are some general principles that are common to most legal systems. For example, in many jurisdictions, marriage is considered a legally binding contract between two people. This means that if one person wants to end the marriage, they must go through the legal process of divorce. In some cases, couples may also be able to get a legal separation, which is a court-ordered agreement that allows them to live apart while still being considered married.

Child custody can be one of the most contentious issues in a family law case. In most jurisdictions, courts will try to grant joint custody whenever possible, meaning that both parents will have a say in decisions about the child’s upbringing. However, if one parent is deemed unfit to care for the child, or if there is a history of domestic violence, the court may order sole custody of one parent.

Adoption is another area of family law that can be quite complex. The process of adoption usually requires the approval of a family court, and there are often strict requirements that must be met in order for the adoption to be finalized. For example, in many jurisdictions, the adoptive parents must be at least 10 years older than the child they are adopting.

While family law can be complex, it’s also an important area of the legal system. It helps to protect the rights of families and ensures that children are able to grow up in a safe and nurturing environment.

Benefits of a Family Law Attorney

When meeting with an attorney, you should ask about their experience and familiarity with the county in which your matter will be filed. You should also ask about their fees and how they will be paid. It is important to understand the associated cost of divorce in GA when hiring an attorney. You should also inquire about the attorney’s availability and whether they will be able to represent you in court. Choosing the right attorney for your family law case is essential to getting the best possible outcome.

There are many benefits to having a family law attorney on your side. Understanding the ins and outs of the court system can help you make sure that your case is handled correctly. Below are some examples of how hiring a family lawyer can help.

They can provide valuable guidance and advice. If you’re facing a difficult legal issue, it’s important to have someone on your side who can help you make informed decisions. Family law attorneys can help you understand your rights and options and can help you make the best decisions for your family.
They can help you protect your rights. In many cases, family law issues can be complex and emotionally charged. Having an attorney on your side can help you ensure that your rights are protected throughout the legal process.
They can provide support and advocacy. If you’re going through a difficult legal issue, it’s important to have someone on your side who will fight for you. Family law attorneys are experienced advocates who can help you protect your interests in court.
They can save you time and money. Dealing with a legal issue can be time-consuming and expensive. Family law attorneys can help you save time by handling all the paperwork and dealing with the court system. They can also help you save money by negotiating on your behalf and finding creative solutions to complex legal issues.

Finding the Best Attorney for Family Law

Attorneys that specialize in family law are able to provide the best possible representation for their clients. When looking for an attorney, it is important to ask about their experience in handling similar cases. It’s also important to find an attorney who is familiar with the local laws and procedures. Family law attorneys should be able to provide guidance and support throughout the entire process. The attorney you choose should be someone you can trust and feel comfortable with.

There are many different ways to find an attorney for family law. You can ask friends or family members for recommendations. You can also search online for “family attorney near me” on Google or contact your local bar association. Once you have a few potential attorneys, you should schedule a consultation to get more information about their experience and expertise.

Partner With a Compassionate Team of Family Lawyers at FBA Law Firm

If you’re going through a family law matter, it’s important to have an experienced lawyer on your side. Family law is complex and ever-changing, so you need someone who knows the ins and outs of the system and can help guide you through it. We hope this article has helped give you a better understanding of what family law is and why you might need an attorney. If you’re ready to find the best lawyer for your family, the lawyers at FBA Law Firm are ready to help!

When Someone Dies Without a Will in Georgia, What Happens Next?

Fri, 01 Apr 2022 21:52:24 GMT

If you die without a will, you are a “decedent.” When that occurs, your property passes through Georgia’s intestate succession laws, which favor blood family over friends, domestic partners, and charities.

Even if intestate succession reflects your wishes, it is still recommended that you have a will in place and take part in estate planning measures. Intestate estates take longer to administer, and property distribution rules are not flexible. There are likely circumstances that require special consideration in an estate plan. Here is an overview of what happens when you die without a will in Georgia.

Georgia’s Intestate Succession Laws

If someone dies without a will, their estate distributes under Georgia’s intestate succession law. Here is how it works if you die with:

Spouse but no descendants: Your spouse inherits all of your property.
Children, but no spouse: Your children inherit everything in equal shares.
Spouse and children: Your spouse and children all receive shares of your property, but your spouse receives at least ⅓ of your total estate.
Parents but no spouse or children: Your parents or surviving parent receive everything.
Surviving siblings, but no spouse, children, or parents: Your surviving siblings receive equal shares of your estate property.

This process becomes more complex when you do not have a traditional family structure or no surviving descendants. It emphasizes the primary reason you need a will or other estate plan; the state does not consider unique circumstances, and your property may not distribute according to your wishes.

Spouse’s Share

Most states define a spouse’s share in their intestate statutes, and Georgia is no exception. This rule places a minimum on what a spouse receives from an intestate estate. A spouse’s share cannot be less than ⅓ of the overall estate value in Georgia.

Here is how this works. Let’s say your estate value is $300,000 after your estate administrator liquidates your assets. You have a spouse and four surviving children. In this scenario, your spouse receives $100,000, and the remaining $200,000 divides evenly between your surviving children at $50,000 each.

Children’s Share

Knowing what to do when a parent dies without a will becomes more complicated if a parent dies with biological children, stepchildren, and children born outside the marriage. Property distribution depends on these children’s status at the time of death.

Generally, intestate succession automatically grants shares to:

Biological children
Adopted children
Posthumous children (Children conceived before death and born within ten months of death.)
Children conceived by artificial insemination during the marriage (assuming both spouses consented to artificial insemination.)
Children born outside of marriage, if there is clear and convincing evidence of your paternity.
Grandchildren, if that grandchild’s parent is not alive.

While this breakdown considers most circumstances, it will not work well if your family is less traditional. Stepchildren and foster children will not receive an automatic share and may have to petition the court to receive consideration. This issue often arises if you did not adopt your spouse’s biological children.

Also, the court does not consider special needs unless that child or their guardian petitions the court. It becomes especially essential to draft a will if you have an adult-dependent child who cannot live independently. You may also have children who require more financial help and want them to receive trust proceeds or a larger property share. Again, that does not happen unless you have a will.

Finally, understand that Georgia treats “half” relatives as if they are whole. For example, if you share a father with a sibling but have different mothers, that sibling receives property just as though they were a whole sibling. It will not matter if you barely know each other or are estranged.

Other Relatives

If you were not married at the time of death and do not have living children, grandchildren, parents, and siblings, the intestate looks like this (in order of priority):

Nieces and nephews
Grandnieces and grandnephews
Grandparents
Aunts and uncles
Cousins

Just as with other family members, it does not matter if these individuals are estranged from you or if you barely know them. Their family status alone is enough for them to inherit your property.

When your family connections are not obvious, your estate administrator must file a petition opening a 60-day window for potential heirs to step forward. So, the possibility of unknown people benefitting from your estate is high if you do not draft a will or estate plan.

Escheat to State

Your estate escheats to the state if your estate administrator cannot find living relatives. This process involves liquidating your assets and transferring the funds to the state.

Escheat happens rarely. The estate administrator has four years from filing the probate proceeding to find relatives to inherit–no matter their distance from you. Most proceedings end with finding a cousin or other relative. But if all those efforts fail, the state becomes your beneficiary. If no one objects to the escheat process, your estate assets transfer to your county’s board of education.

Non-Probate Assets

Fortunately, some assets will not pass through intestate succession laws if you don’t have a will. These assets usually have a beneficiary attached to them. They include:

Living trust property

Life insurance proceeds

Retirement funds, including IRAs and 401ks

Securities held in a transfer-at-death account

Payable on death bank accounts

Some joint property you share with another person

If you own any of these assets, check their status to ensure your beneficiary designations reflect your wishes. Many people remarry or divorce without changing beneficiaries or joint owners, which wreaks havoc when they die unexpectedly. Regular estate planning and asset reviews prevent that outcome.

Has a Family Member Died Without a Will? Call FBA Law Firm

Finnell, Briasco, & Associates offer estate planning services to Georgia residents as well as probate and estate litigation. Contact us online or call us at 770-285-5989 to schedule an appointment and receive a free consultation.

Cheating Spouse? How It Affects Divorce Finances

Thu, 01 Jul 2021 21:33:06 GMT

Georgia has one of the highest divorce rates in the country, coming in at 11th place in the United States for per capita divorce among married couples. In metro Atlanta counties, the frequency of divorce can be even higher than the state average.

Divorce statistics from 2010 reveal that some Metro Atlanta counties see thousands of divorce cases filed each year.

Based on the data, the total number of divorce cases filed annually included:

Gwinnett County (4,519 divorces filed)
Fulton County (3,924 divorces filed)
Cobb County (3,024 divorces filed)
DeKalb County (2,850 divorces filed)
Cherokee County (1,042 cases filed)
Paulding County (861 divorces filed)
Forsyth County (763 divorces filed)

With the high incidence of divorce cases in and around Metro Atlanta, it is likely that you or someone you know has recently experienced divorce. Infidelity is one of the most common reasons that couples seek divorce. As much as 21.6% of married couples deal with extramarital affairs during the course of their marriage. According to a recent review of Georgia domestic relations law, adultery is the third most common reason for divorce petitions filed in the State of Georgia. See Edward E. Bates, Georgia Domestic Relations Forms 3.1 (2020). Cheating and extramarital affairs, unfortunately, are not uncommon—and many marriages cite infidelity as the “last straw” in their marital relationship. If you have been the victim of infidelity or cheating in your marriage, it might be time to seek legal advice. The team at Fennell, Briasco and Associates™ is here to help. Our team of attorneys and divorce experts can help you regain confidence and independence after suffering through cheating or an extramarital affair.

The Big Question: Does Cheating Affect Divorce Finances?

As divorce attorneys, one of the most common questions we face is the extent to which cheating and adultery can affect divorce finances. For instance, does cheating affect alimony payments, child support payments, or marital property division?

Before we answer these questions, let’s start with the following set of facts: (1) you are currently married and you share marital property, like a home, with your spouse, (2) you find out that your spouse is cheating, i.e., having an extramarital sexual relationship, and (3) you seek divorce on that grounds of adultery.

Once you file for divorce, it is time to start thinking about the financial aspects of your case. In this article, our team will explain the important aspects of Georgia law that could affect your financial situation after divorce.

What is alimony?
Under O.C.G.A. § 19-6-1, alimony is defined as a monetary “allowance out of one party’s estate, made for the support of the other party when living separately.” In other words, alimony refers to periodic payments made by one ex-spouse to the other for the purpose of supporting the ex-spouse’s necessities of life. There are two types of alimony: (a) temporary and (b) permanent. Alimony is not the same as child support. Temporary alimony refers to payments made to support a spouse while the divorce is ongoing. See O.C.G.A. § 19-6-3. Until the divorce has been finalized, temporary alimony requires payments while the action is pending, while the action is being appealed, and at any time prior to the conclusion of the case. See George v. George, Supreme Ct. of GA (1975) (“A judgment for temporary alimony continues in full force and effect until a final judgment in the case [and] until the termination of the litigation in all courts…”). In many cases, temporary alimony also includes attorney fees and litigation expenses.Permanent alimony refers to payments made to support an ex-spouse after the divorce has been finalized. See O.C.G.A. § 19-6-4. Permanent alimony may be paid in a lump sum award or by ongoing periodic payments. Permanent alimony may continue indefinitely or it may last for a specified duration of time. However, it is highly uncommon for alimony to be granted indefinitely by the Court. Usually, it is for an outlined period of time, but may also end earlier if certain circumstances occur as set out further below.For example, in Solomon v. Solomon (Supreme Ct. of Georgia, 1978), the court upheld the validity of a permanent alimony plan to be paid in monthly installments over the course of five years. Permanent alimony may be terminated in the following methods: (1) the recipient of the alimony payments remarries, (2) the recipient of the alimony payments cohabits with a third party, as authorized by Georgia’s “live-in-lover” statute, O.C.G.A. § 19-6-19, (3) the payor of the alimony dies, or (4) the recipient of the alimony dies.
How is alimony calculated?
The calculation of alimony payments is more art than science. There is no set formula for calculating alimony payments. Instead, the courts base their alimony awards on a number of non-determinative factors. According to O.C.G.A. § 19-6-5, there are eight factors that courts consider when evaluating alimony payments: (1) the couple’s standard of living during the marriage, (2) the duration of the marriage, (3) the age and physical wellbeing of the parties, (4) the existing financial resources of each party, (5) the time and resources needed by either party to re-enter the workforce, if necessary, (6) contributions made by either party to the marriage, including childcare and homemaking, (7) the long-term earning capacity of each party, and (8) any other relevant factors deemed important by the court.
Can a cheating spouse receive alimony payments?
In general, no. Under O.C.G.A. § 19-6-1, a party is not entitled to alimony, either temporary or permanent, “if it is established by a preponderance of the evidence that the separation between the parties was caused by that party’s adultery or desertion.”As the Georgia Supreme Court held in Anderson v. Anderson (1976), if “the jury finds the wife has caused the divorce by her adultery…, any alimony award to her is barred.”Here’s the rule in plain English: if you divorce your spouse because of cheating, the cheating spouse may not receive alimony payments. This legal principle has been upheld repeatedly by the Supreme Court of Georgia. See also Collier v. Collier, Supreme Ct. of Georgia (1972) (“Evidence presented at the hearing proved the wife’s adultery. The trial court properly denied the wife an award of temporary alimony. To have awarded temporary alimony to the wife in light of her proven adultery would have been reversible error.”).It is important to note that the divorce must be “caused by” adultery. To bar a claim of alimony, the jury must make a specific finding that the divorce was a direct result of adultery, rather than other marital problems. See Owens v. Owens, Supreme Ct. of Georgia (1981).

For instance, if the divorce was caused by other marital issues (like habitual intoxication or cruel treatment), then the court may still award alimony payments, even in light of adultery.
What if the cheating spouse is excused or forgiven?
To illustrate this question, we will start with a hypothetical. Assume that Alex and Taylor are married. Taylor engages in an extramarital sexual affair. Alex learns about the affair, but eventually forgives Taylor for the cheating. Alex and Taylor go through therapy and counseling in an attempt to salvage their marriage.

Several years later, Alex and Taylor decide to seek a divorce. Taylor petitions the court for alimony payments from Alex. Can Alex argue against paying alimony, citing Taylor’s previous adultery?

In most cases, no. Here, it is unlikely that the divorce was “caused by” Taylor’s adultery. Because Alex forgave Taylor for cheating and then resumed the marriage for several years, alimony payments may still be awarded. In many cases, forgiveness of a spouse’s cheating (for example, by knowingly resuming the marriage) may allow the cheater to seek alimony payments from the non-cheating spouse.

This issue has been examined by the Georgia Supreme Court in cases like Lowry v. Lowry (1930). In Lowry, the court upheld the principle that a “[t]he condoning party cannot forgive the acts and cohabit with the forgiven one, and at the same time reserve the right to assert them” as a means for later obtaining divorce or alimony. In other words, if a non-cheating spouse wants to withhold alimony payments on the basis of adultery, the non-cheating spouse cannot forgive the cheating spouse and resume the marriage as usual.

Please note that there are significant legal issues associated with the payment, or non-payment, of alimony. You should always consult an attorney to discuss the particular facts of your case.
What if you learn about cheating after the divorce is filed?
In general, divorce petitions and alimony awards may be modified after filing. For instance, it is possible that a married couple files for divorce and then, several months into the proceedings, one spouse finds out that the other was cheating during the marriage. In Hargrett v. Hargrett (Supreme Ct. of Georgia, 1978), the husband filed for divorce on the grounds that the marriage was irretrievably broken. In response, the wife filed for permanent alimony payments.

After filing the case, the husband learned that the wife was cheating outside of the marriage; the husband amended his divorce petition and argued that he did not owe the wife alimony payments on the grounds of her adulterous relationship.

The court ruled in favor of the husband and allowed the husband to amend his divorce petition based on later-obtained information. See also Newton v. Newton, Supreme Ct. of Georgia (1943) (“The fact that plaintiff did not know of the adultery until after the separation did not prevent plaintiff from seeking a divorce based on adultery after learning of it.”).

Georgia courts have ongoing jurisdiction to modify an award of permanent alimony. In cases like Jennison v. Jennison (Supreme Ct. of Georgia, 1911), the husband began making alimony payments to his ex-wife. After the court granted a divorce, the husband learned that his wife engaged in adultery during the marriage. The husband then petitioned the court to modify the alimony award.

The Georgia Supreme Court held that the alimony award was modifiable and that the trial court had the power to revoke alimony in light of newly discovered information.
What is child support? Does cheating affect child support payments?
Child support payments are not the same as alimony. Child support refers to monthly payments to the custodial parent “to maintain minimally adequate housing, food, and clothing for the child [or children] being supported…and to provide other basic necessities, as determined by the court or the jury.” O.C.G.A. § 19-6-15.

Child support payments only include such children that the parent has a legal obligation to support (i.e., those with legitimate parentage interests), and does not extend to stepchildren or other minors that are not the children of the payor. Unless modified, child support payments 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).

Adultery does not affect child support obligations. Child support obligations are made to support the best interests of the child. Even when a spouse engages in cheating, extramarital sexual relationships, or other similar behavior, the spouse is still eligible to receive child support payments from the non-cheating spouse for the purpose of supporting and caring for the child. When courts determine an ex-spouse’s child support obligations, the primary consideration is the amount necessary for “the best interest of the child.” O.C.G.A. § 19-6-15(b)(8).
Does cheating affect marital property division?
During marriage, any property jointly acquired by the couple is considered “marital property.” Marital property includes property like savings accounts, checking accounts, real estate holdings, home furnishings, and vehicles. Marital property also extends to other intangible property like pensions, retirement benefits, stocks, and insurance policies.

Upon divorce, the courts apply the doctrine of “equitable division of marital property” to fairly divide property between the spouses. The purpose of equitable division of marital property is “to assure that property accumulated during the marriage [is] fairly distributed between the parties.” Campbell v. Campbell, Supreme Ct. of Georgia (1986). Georgia courts apply the principles of equitable division for any property “acquired as a direct result of the labor and investments of the parties during the marriage.” Payson v. Payson, Supreme Ct. of Georgia (2001).

Adultery does not prohibit a spouse from receiving an equitable division of marital property. In other words, a cheating spouse can still receive a share of marital assets. According to the Georgia Supreme Court, “even though an adulterous spouse cannot obtain alimony, an equitable property division is still permissible.” Peters v. Peters, Supreme Ct. of Georgia (1981). Nonetheless, adultery may be a factor that the court considers when deciding how much marital property can be equitably awarded to the cheating spouse.

Find A Divorce Attorney Near You

Divorce is complicated, especially when it comes to finances. You need a team that understands how Georgia law affects your financial situation throughout the divorce process.

At Fennell, Briasco and Associates™, our family attorneys can help you achieve the best resolution under the law. From high-income divorcees to stay-at-home parents, we represent spouses across the financial spectrum to make sure they have strong legal representation every step of the way. Contact us today for a FREE divorce consultation.

Domestic Partnerships in GA: Is filing for divorce different?

Fri, 23 Apr 2021 15:18:50 GMT

A domestic partnership is an alternative legal arrangement between either same-sex or opposite-sex partners in Georgia. While a domestic partnership provides for some of the benefits of traditional marriage, it differs in many important ways.

Perhaps most importantly, the termination of a domestic partnership does not follow the traditional rules of divorce.

In this article, the team of family law attorneys at Fennell, Briasco & Associates™ explains everything you need to know about ending a domestic partnership in Georgia.

There is no statewide Georgia law that governs domestic partnerships. Instead, only some Georgia cities and counties have ordinances for establishing and governing domestic partnerships. For example, couples may register for domestic partnerships in the following jurisdictions:

Fulton County and the City of Atlanta (see Atlanta Code of Ordinances Sec. 94-131)
DeKalb County (see DeKalb County Code of Ordinances Sec. 20-202)
Athens-Clarke County (see Athens-Clarke County Code of Ordinances Sec. 1-23-3)
Doraville (see Doraville Code of Ordinances Sec. 2-253)
East Point (see East Point Code of Ordinances Sec. 4-6004)

How to Establish a Domestic Partnership?

Under Atlanta’s municipal ordinances, a domestic partnership is defined as a non-marital relationship in which “two people agree to be jointly responsible for the necessities of life incurred during the domestic partnership…[and] who live together in the mutual interdependence of a single home.” See Atlanta Code of Ordinances Sec. 94-131.

To establish a domestic partnership, the couple must meet the following criteria:

(1) the partners must live in the same primary residence for at least the past six months, with supporting documentation;

(2) the partners must demonstrate that they share a committed personal relationship that they intend to be lifelong;

(3) neither partner may have an existing marriage or domestic partnership;

(4) each partner must be at least 18 years of age and competent to enter into a contract;

(6) the partners must agree to be jointly responsible for the necessities of daily life of the domestic partnership, including, for example, the cost of basic food, shelter, clothing, and medical care. See City of Atlanta v. McKinney, Supreme Court of Georgia (1995).

(5) the partners may not be related by blood, and

The partners must then present a form of identification and file a Declaration of Domestic Partnership Affidavit with the Office of Constituent Services.

For any number of reasons, some couples may prefer not to enter into a formalized marriage.

There may be economic, social, religious, or other legitimate grounds that partners take into consideration when choosing to form a domestic partnership rather than a marriage. A domestic partnership comes with some, but not all, of the advantages of traditional marriage.

For example, domestic partnership law usually allows a partner to (a) receive health insurance benefits from their partner’s policy, (b) use sick leave or medical leave to care for the partner’s health or the health of the partner’s children, (c) receive life insurance or death benefits from a partner’s policy, (d) coordinate medical decisions on behalf of the domestic partner, and (e) seek visitation rights if the other partner is incarcerated or hospitalized.

However, a domestic partnership does not come with all the perks of a legal marriage in Georgia.

Here are some of the key differences between domestic partnerships and marriages:

Inheritance: A domestic partnership does not entitle either partner to inheritance rights in the event that either partner dies during the course of the domestic partnership.
Spousal Support or Marital Assets: In the event of separation, a domestic partnership does not allow either partner to petition a court for spousal support or alimony. Further, a domestic partner may not petition a court for a division of marital assets.
Immigration: Under U.S. Citizenship and Immigration Services (“USCIS”) regulations, domestic partnerships are not recognized for the purpose of sponsoring immigration applications. Review more information on the USCIS website here .
Tax : Under IRS regulations, domestic partners may not file their federal income taxes as “married filing jointly” or “married filing separately.” Review more information on the IRS website here .

Please note that the laws related to domestic partnerships have changed significantly over the past decade. Since the pivotal 2015 decision by the Supreme Court of the United States to legalize same-sex marriage (see Obergefell v. Hodges), many states have changed their domestic partnership laws and policies. It is important to speak with an attorney to understand the facts of your situation, especially if your domestic partnership was registered in another state before moving to Georgia.

How to Terminate (or Dissolve) a Domestic Partnership?

Unlike the complicated procedures of divorce , terminating or dissolving a domestic partnership is relatively straightforward. According to an opinion from the Georgia Supreme Court, “termination of a domestic partnership is far easier to accomplish than the termination of a marriage.” See City of Atlanta v. McKinney, Supreme Court of Georgia (1995).

In most Georgia jurisdictions, a domestic partnership may be terminated in the following three ways:

One partner provides written notice to the other partner stating that they wish to terminate the domestic partnership, and that notice of termination has filed in the county or city in which the domestic partnership was registered;
Either partner dies; or
The partners no longer meet any of the qualifications required to establish a domestic partnership (e.g., the domestic partners no longer share the same primary residence).

The effective date of a termination of a domestic partnership may be back-dated as to reflect the date that the domestic partnership became invalid. The partners must also provide a “notice of termination” to any interested third parties, like insurance companies or employers.

To understand your legal relationship and the rights and obligations that arise from it, we always recommend speaking with a licensed family law attorney. At Fennell, Briasco & Associates™, our team of family law attorneys has decades of combined experience working with Georgia families.

If you are currently in a domestic partnership and are evaluating your options for terminating the partnership, please contact us to schedule a FREE consultation with our team. Our attorneys will discuss the potential legal options that may be right for you. Call us today at (770) 956-4030.

What Are a Father’s Custody Rights in Georgia?

Fri, 19 Mar 2021 22:12:37 GMT

Among the general public, there is an assumption that mothers (rather than fathers) are more likely to receive custody of their children. Statistically, there is some truth to this belief.

Statistics show that, across the United States, mothers receive primary custody rights in more than two-thirds of all custody cases. Nonetheless, research from the United States Census Bureau suggests that some of these demographic trends may be changing. As of 2017 , single fathers make up a greater proportion of single custodial parents than at any point in recent history.

While gender-based norms have an effect on child custody cases, it is important to remember that every custody case is different. There is no predetermined methodology for granting custody rights in preference of either the mother or the father. In every case, there is a complex web of legal rules and analyses that are designed to protect the best interests of the child.

Custody disputes are never easy, but the team at Fennell, Briasco & Associates™ is here to make it easier. As licensed Georgia attorneys, our team has proudly helped parents throughout Metro Atlanta and North Georgia in developing their best case for seeking child custody.

With a proven track record in family law, our team is ready to serve as your trusted legal adviser. Contact our team today at (770) 285-5989 for a FREE consultation.

Parenting as a Constitutional Right

As a starting point, there are some constitutional protections involved in child custody laws.

Under both the United States Constitution and the Constitution of the State of Georgia, biological parents have a strong constitutional interest in the upbringing, care, and custody of their children. According to one case by the Georgia Supreme Court, the right for natural parents to participate in the care and custody of their children is “fiercely guarded” by our legal system. Patten v. Ardis, Supreme Ct. of Georgia (2018). Yet, this right is not absolute. Courts routinely make determinations to modify or even terminate parental rights to promote the best interests of the child.

Similarly, the Equal Protection Clause of the United States Constitution requires that similarly situated men and women be treated equally. State laws cannot, on their face, grant preference to either men or women in determining parental custody rights.

From a constitutional perspective, if both the mother and father are fit to be primary custodial parents, then each parent is “theoretically considered to have co-equal rights to custody of children[.]” See Susan Beth Jacobs (“Hidden Gender Bias Behind ‘The Best Interest of the Child’ Standard in Custody Decisions”), Georgia State University Law Review (1998).

But, when it comes to making final custody determinations, courts deal in reality rather than constitutional theory. From a practical standpoint, a child can only be in one place at a time; a child can only attend one school at a time; and, a child can only live in one household at a time.

Courts are therefore put in the difficult position of evaluating the best interests of the child, while also seeking to uphold each parent’s constitutional right to participate in their child’s upbringing.

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Establishing Paternity

When assessing a father’s custody rights, the first consideration is often whether the father has a legal interest in the child. Both married and unmarried fathers have the right to seek custody of their children.

Under O.C.G.A. § 19-7-22, a father has a legal interest in seeking custody of a child if:

the father was married to the mother during the mother’s “usual period of gestation” (Example: the father was married to the mother during her pregnancy, but the parents later divorce or separate);
the father marries the mother after the birth of the child and the father recognizes the child as his own (Example: the mother and father become married after the child’s birth when the child is a toddler, but the parents later divorce or separate);
the father seeks “legitimation” of the child (Example: the child is born out of wedlock and the father seeks to establish legal rights to the child).

For many divorced parents, paternity may not be an issue in child custody proceedings. When a mother and father obtain a divorce and neither party contests the other’s legal interests in the child, paternity rights are unlikely to become an issue.

On the other hand, paternity is a major legal issue in cases between unmarried parents.

Legitimation is the process by which “[t]he biological father of a child born out of wedlock may render his relationship with the child legitimate” by filing a legitimation petition in the relevant county’s superior court. O.C.G.A. § 19-7-22(b). Legitimation may require genetic testing to prove the biological relationship between the father and the child. If proven, the father will have legal interests in the child, including the right to seek custody, visitation, and guardianship of the child. Conversely, legitimation may also give rise to the father’s obligation to pay child support. See O.C.G.A. § 19-7-22(f).

The Legal Standard

Under Georgia law, there can be no gender-based preference in granting custody to either the mother or the father. O.C.G.A. § 19-9-3(a) states that “there shall be no presumption in favor of any particular form of custody, legal or physical, nor in favor of either parent.”

Instead, Georgia law states that “[i]t is the express policy of this state to encourage that a child has continuing contact with parents…who have shown the ability to act in the best interest of the child and to encourage parents to share in the rights and responsibilities of raising their child after such parents have separated or dissolved their marriage or relationship.” O.C.G.A. § 19-9-3(d).

A long-held principle in Georgia family law is that any award of custody must be made “in accordance with the best interests of the child…and that this consideration alone must control the judgment of the court.” Pruitt v. Butterfield, Supreme Ct. of Georgia (1940). The courts apply a factors-based approach to assess which type of custody arrangement will most likely achieve the child’s best interest. O.C.G.A. § 19-9-3(a)(3) lists 17 non-exclusive factors for evaluating the long-term interests of the child.

Factors include:

the love, affection, and emotional ties between the parent and the child;
the capacity of the parent to care for the child’s emotional and developmental needs;
the home environment offered by each parent;
the child’s existing living arrangements and the importance of stability in the child’s life, so as not to cause any major disruptions to the child’s development;
the mental and physical health of each parent;
the parent’s involvement in the child’s social, educational, and extracurricular functions;
the presence of other family members to provide a support system for the child; and
the employment schedule of each parent.

Without giving preference to either the mother or the father, the court will assess these factors in issuing a final custody determination.

Types of Custody Determinations

During a child custody proceeding, the court will seek to issue a final order for determining a custody plan for the child. The court will also issue a final order for the parenting plan between the mother and father, specifying how the parents will deal with a wide range of issues like visitation, holidays, transportation between each parent’s house, and the allocation of decision-making authority on behalf of the child.

There are several types of custody rights under Georgia law. There are two key dynamics at play with child custody determinations: (a) physical custody vs. legal custody, and (b) sole custody vs. joint custody.

Physical Custody , defined under O.C.G.A. § 19-9-6(6): Physical custody apportions the child’s physical care between parents. If granted joint physical custody, then each parent must care for the child “in such a way as to assure the child of substantially equal time and contact with both parents.” Joint physical custody occurs in cases where both parents are fit and proper to care for the child and there are practical methods for ensuring that each parent receives an equal amount of time with the child. Under a joint physical custody arrangement, parents may alternate days or weeks in care of the child, with roughly equal time spent with each parent. Joint physical custody may not be possible in cases where parents live in different geographic areas.
Legal Custody , defined under O.C.G.A. § 19-9-6(5): Legal custody distributes decision-making authority between the parents. If the parents are granted joint legal custody, then each parent has an equal right and responsibility “for major decisions concerning the child, including the child’s education, health care, extracurricular activities, and religious training.” The court may also “designate one parent to have sole power to make certain decisions while both parents retain equal rights and responsibilities for other decisions.” For example, one parent may have decision-making authority for issues related to the child’s education, while the other parent may have decision-making authority for issues related to the child’s health insurance coverage. In cases of gridlock (where parents cannot agree on a decision for the child), the court may grant one parent to have the final say on the issue.
Sole Custody , defined under O.C.G.A. § 19-9-6(11): Sole custody vests both legal custody and physical custody in a single parent. If granted sole custody, the sole custodial parent has primary physical custody of the child, meaning that the child will spend a majority of time with that parent. The sole custodial parent also has “the rights and responsibilities for major decisions concerning the child, including the child’s education, health care, extracurricular activities, and religious training.” A noncustodial parent, in response, is granted only a right to visitation or parenting time. By definition, if neither parent is granted sole custody of the child, then the parents must share in some sort of joint custody arrangement.
Joint Custody, defined under O.C.G.A. § 19-9-6(4): Joint custody, in most cases, refers to a custody arrangement in which the parents share in both joint physical custody and joint legal custody of the child. Depending on the final custody order issued by the court, “joint custody” may also refer to other specialized custody arrangements, depending on the specific facts and circumstances of the custody proceeding.

Understanding Visitation Rights

Visitation rights (sometimes called visitation privileges) afford a parent the ability to see and care for the child at specified times, as based on the court’s parenting plan. Visitation rights allow the parent to remain an integral part of the child’s life, while still vesting physical custody in the other parent. When it comes to a father’s visitation rights, Georgia law has reached the following legal conclusions:

Overview of Visitation Rights: Divorced fathers have a “natural right” to visit and access their children in accordance with the terms of the parenting plan. Only under exceptional circumstances may this right be denied to a father. See Shook v. Shook, Georgia Supreme Ct. (1978).
Visitation Schedules : A father has the right to know the extent of visitation rights. The court’s parenting plan should include the “times, places and circumstances for visitation” between the parties. See Shook v. Shook, Georgia Supreme Ct. (1978).
Modification : Fathers have a right to seek modification of visitation rights or custody determinations. Especially in light of “a change in circumstances affecting the interest and welfare of the minor children,” a father may petition the court to modify the existing order for visitation or custody. Parker v. Parker, Georgia Supreme Ct. (1978). For example, if the mother moves (making it difficult for the father to visit the child), the father may request a modification of the existing order. See, e.g., Houck v. Houck, Georgia Supreme Ct. (1981) (permitting the modification of visitation rights after the mother moved from Georgia to South Carolina).
Child Input : A father retains the right to visitation, even if the minor child objects to seeing the parent at that particular time. See Green v. Dawson, Georgia Supreme Ct. (1953). For example, if the minor child wants to spend the weekend at a friend’s house, the father’s visitation rights should override the child’s weekend plans. However, there may be some legal nuances here depending on the age of the child.
Alimony & Child Support : A father’s nonpayment of alimony or child support does not affect the right to visitation. As upheld by the Georgia Supreme Court in Price v. Dawkins (1978), “visitation rights should not be made to depend upon whether or not child support or alimony has been paid.” Even if the father is behind on such payments, he cannot be denied visitation privileges.

Father’s Rights vs. Third Party Rights

There is a special body of law related to a parent’s rights in relation to third-party rights. What if, for example, the child lives with grandparents, an aunt or an uncle, or another relative? Can the father petition to regain custody? This is a common theme in Georgia family law cases related to both custody and visitation rights.

In general, a biological parent has a constitutionally protected interest that generally outweighs that of third parties. For a third party to remain in custody of the child, the third party must prove by clear and convincing evidence that (1) “the child will suffer physical or emotional harm if custody were awarded to the biological parent” and (2) “an award of custody to [the third party] will best promote the child’s welfare and happiness.” Clark v. Wade, Georgia Supreme Ct. (2001).

Assuming that the father is fit to maintain physical and legal custody of the child, then the biological father’s custody interests will likely prevail. Nonetheless, this body of law is complicated. You should always speak with an attorney regarding the particular facts and circumstances of your case, especially regarding the role of grandparents or other family members in the child’s life.

Find a Child Custody Lawyer in Georgia

If you are having issues with child custody in Georgia, contact the family law attorneys at Fennell, Briasco & Associates™. Our team has worked with hundreds of parents across North Georgia and Metro Atlanta to help them advance the case for custody of their children.

With expert negotiation and litigation skills, our family law attorneys will fight on your behalf to ensure you can maintain a long-term presence in your child’s life. Contact us today for a FREE legal consultation.

Adultery & Divorce: How to Prove Adultery in Georgia

Fri, 12 Feb 2021 22:14:36 GMT

What are your legal options if your spouse engages in an extramarital affair? In Cobb County, Georgia, the divorce attorneys at Fennell, Briasco & Associates™ understand the emotional toll that adultery and divorce can have on a family.

Extramarital sexual relationships permanently undermine the foundation of trust that supports a marriage, while at the same time causing long-lasting damage to a spouse’s sense of confidence and wellbeing. The effects of adultery become even more complicated when you have children or when you share significant economic assets with your spouse.

If you are struggling through the aftermath of adultery, our attorneys can work as your personal legal adviser to explore your avenues for independence and recovery. With offices in Marietta and Kennesaw, our team is here to support you through divorce and other family law issues.

What is adultery?

As defined under O.C.G.A. § 16-6-19, a “married person commits the offense of adultery when he [or she] voluntarily has sexual intercourse with a person other than his [or her] spouse.” Though adultery is technically listed under the Georgia Criminal Code as a misdemeanor criminal offense, this crime is rarely (if ever) enforced or prosecuted by state officials. Instead, adultery is enumerated as one of the grounds for terminating a marriage by total divorce. See O.C.G.A. § 19-5-3 (“Grounds for total divorce”). Under Georgia law, total divorce is the process by which the ties of marriage are dissolved and each party is released from their respective matrimonial obligations. According to a case in the Superior Court of Cobb County, the result of a total divorce is that (1) the marital contract is dissolved “as if no such contract had even been made or entered into,” (2) each spouse “in the future shall be held and considered as [a] separate and distinct person,” and (3) each spouse “shall have the right to remarry.” See Philogene v. Morgan, Cobb County Sup. Ct. (2017). Total divorce is sometimes referred to by its Latin name, “divorce a vinculo matrimonii.”

Here are some important legal considerations about Georgia adultery laws:

Adultery may occur in extramarital relationships that are either heterosexual or homosexual in nature. See Owens v. Owens, Supreme Ct. of Georgia (1981).
Adultery must occur during the course of the marriage. Extramarital sexual relationships before the marriage are not sufficient to establish grounds for divorce. For example, if a partner commits adultery while dating or engaged, the crime of adultery has not been committed because there was no existing marriage at the time. See Stanley v. Stanley, Supreme Ct. of Georgia (1902).
If a spouse files for divorce and later finds out that their partner had an extramarital affair during the marriage, the spouse can amend the divorce filing to include adultery as a ground for divorce. See Hargrett v. Hargrett, Supreme Ct. of Georgia (1978).

How to Prove Adultery in Georgia?

What happens if your spouse engages in an outside sexual relationship, but you don’t have any concrete evidence to prove the adulterous conduct occurred? Proving adultery can be difficult, because the evidentiary burden is on you to show that your spouse was engaging in such conduct. When it comes to proving adultery in Georgia, the following methods may be sufficient to prove that your spouse engaged in adultery or cheating:

Admission: The most decisive way to prove adultery is by admission under oath. See Hathcock v. Hathcock, Supreme Ct. of Georgia (1982). During divorce proceedings, a party may seek to elicit “testimony as to whether or not [the spouse] had a sexual relationship with the alleged [extramarital partner].” Id. The problem is that obtaining this kind of testimony is rare. Spouses do not want to admit to committing adultery, and more importantly, Georgia has enacted certain statutory protections to shield parties from giving up this kind incriminating and embarrassing testimony. Specifically, O.C.G.A. § 24-5-505 permits witnesses to remain silent if asked to testify “as to any matter which may incriminate or tend to incriminate such party or witness or which shall tend to bring infamy, disgrace, or public contempt upon such party or witness[.]”

Circumstantial Evidence: Adultery is usually proved by circumstantial evidence. See Popham v. Popham, Supreme Ct. of Georgia (2005). Unlike direct evidence of sexual intercourse between an adulterous spouse and a third party, circumstantial evidence is indirect in nature. Circumstantial evidence tends to show that, based on a collection of various facts, sexual intercourse was likely to have occurred between the spouse and the third party. Circumstantial evidence must create an inference that (1) the spouse had an opportunity to commit adultery and (2) the spouse had an adulterous disposition. See Johnson v. Johnson, Supreme Ct. of Georgia (1962). The following types of circumstantial evidence may form the basis for establishing that adultery has occurred:

Secretive Vacations or Meetings with Partners: In the divorce proceeding of Johnson v. Johnson (Supreme Ct. of Georgia, 1962), the court upheld the use of circumstantial evidence related to the wife’s out-of-state vacations with another man. Specifically, the husband presented evidence that the wife had traveled to another state, was seen at a motel with another man, was seen dining with the man, and was registered checking into the same hotel room as the man. This circumstantial evidence here was sufficient to show that the wife engaged in adultery. This type of fact pattern can be common in divorce proceedings.

Prior Extramarital Affairs: In the divorce proceeding of Popham v. Popham (Supreme Ct. of Georgia, 2005), the court upheld the admissibility of circumstantial evidence related to the husband’s previous history of infidelity and the husband’s secretive Viagra prescription. A spouse’s history of infidelity can be used as circumstantial evidence for a divorce proceeding.

Texts and Emails: In the divorce proceeding of Ewing v. Ewing (Ct. of Appeals of Georgia, 2015), a husband was caught sending sexually explicit emails and text messages to another woman. The Court of Appeals of Georgia held that these messages could be circumstantial evidence of adultery and that the wife could seek discovery of such messages by subpoena. Today, as spouses turn to social media to connect with new and old lovers, these virtual records have become more important than ever. Finding incriminating text messages is one of the most common ways that spouses learn about their partner’s infidelity

Third-Party Witnesses: In some cases, parties may seek statements from third-party witnesses about a spouse’s adulterous encounters. Neighbors, friends, coworkers, or family members may observe the spouse engaging in conduct that suggests an extramarital affair. For example, neighbors may observe an unidentified car parked in the driveway, or friends may observe scandalous behavior after a night out. Your lawyer may seek to collect statements or testimony from these third-party witnesses to provide circumstantial evidence that adultery has occurred.

Physical Evidence: It is not uncommon for spouses to find physical evidence of adultery. For example, personal items (like jewelry or clothing) may be found in a spouse’s personal effects. By itself, this evidence may not establish that adultery has occurred; however, it may be combined with other forms of circumstantial evidence to prove adultery.

Other Circumstantial Evidence: Every divorce case is different, and there is no one-size-fits-all method for proving adultery. If you are suspicious of your spouse’s extramarital activity and are considering divorce, then you should speak with an attorney to assess your options. Your attorney will ask what information you already know and who may have additional information about the spouse’s conduct. Most importantly, your attorney will explain what this information means in a legal context and what additional information you may need to obtain to prove your case.

Defenses to Adultery

In some cases, a spouse may be able to reject a claim of adultery by arguing that the adulterous conduct was approved by their spouse or forgiven by their spouse. Thus, even when a spouse engages in adulterous conduct, such conduct may not always serve as the basis for divorce. The following three defenses, found in O.C.G.A. § 19-5-4, are defenses to claims of adultery:

1. Connivance: Connivance occurs when “the party complaining of the adultery…was consenting thereto.” For example, if one spouse approves of the other’s extramarital sexual relations, then the approving spouse cannot petition the court for divorce on the basis of adultery. Connivance may be an issue for married couples that have an open relationship or that are involved in swinger communities.

2. Condonation: Condonation is “forgiveness, either expressed or implied, by a husband of his wife, or by a wife of her husband, for a breach of marital duty, with an implied condition that the offense shall not be repeated.” See Phinizy v. Phinizy, Supreme Ct. of Georgia (1922). Under O.C.G.A. § 19-5-4, this defense requires “voluntary condonation and cohabitation subsequent to the acts complained of, with notice thereof.” In other words, a spouse may defend against allegations of adultery if (a) the other spouse learns of the adulterous activity, (b) the other spouse forgives such conduct, and then (c) the spouses continue to live together. The defense of condonation can be complicated, as many spouses face social and family pressures to remain in their marriage, even despite instances of adultery. In many cases, a spouse may verbally forgive their partner for an affair, even though the marriage is irreconcilably broken. To understand how these facts might affect you, we always suggest speaking with an attorney.

3. Recrimination: If “[b]oth parties are guilty of like conduct,” then adultery cannot be a valid basis for divorce. See O.C.G.A. § 19-5-4. Referred to as recrimination, this legal principle suggests that a spouse cannot allege adultery while at the same time engaging in the adulterous behavior. For example, if both spouses are engaging in adulterous relationships during the marriage, then neither can argue for divorce on the basis of adultery. Similarly, if one spouse engages in an affair as a way to seek revenge for the other partner’s affair, then it is unlikely that either spouse can allege adultery against the other.

While defenses to adultery are rare, they still have modern legal implications for divorce cases across the State of Georgia. Make sure you discuss some of these issues with your divorce attorney.

Finding a Divorce Lawyer in Cobb County, Georgia

The team of divorce attorneys at Fennell, Briasco & Associates™ have decades of combined experience working on Georgia divorce cases. Our team has handled countless cases related to adultery and extramarital affairs, while navigating all the complicated issues related to child custody, property division, and Georgia divorce law.

Equipped with expert negotiation skills, our attorneys are ready to fight on your behalf for what matters most. Our job is to move your case forward and help you find the best path towards stability and independence during and after a divorce.

If you believe your spouse is engaged in an extramarital affair, it is time to consult an attorney. Call us today at (770) 285-5989 to request a FREE divorce consultation. We proudly serve clients throughout Cobb County, Cherokee County, Forsyth County, Fulton County, Pickens County, and Paulding County.

How to Calculate Child Support in Georgia

Wed, 12 Aug 2020 03:48:17 GMT

More than seven decades ago, the US was home to about 80% of married couples. Today, not even half of them comprise the country’s household statistics. Individuals and single-parent families now make up the bulk of the nation’s households.

With that said, Georgia has among the highest divorce rates in the US, with a rate of 3.5 divorces per 1,000 people . That makes it one of the top 10 states with the greatest number of divorcees. If you just filed for divorce, or if you are contemplating divorce, you are likely wondering what the Georgia child support worksheet is. You may be unsure what it’s for, what information it contains, and how you go about filing it.

In that case, this post is exactly what you need. Keep reading to learn all about this document that every divorcing parent in GA needs to know.

First Things First: An Overview on Child Support

GA Child support is a type of assistance, primarily in financial form, that parents owe for the benefit of their minor children. The keyword here is “owe,” which means that it’s a parental obligation. Child support goes toward necessities like food, clothing, school supplies, and for other expenses that benefit the child, such as housing costs and utilities. No matter what state(s) the parents may reside in, child support must be addressed by the Court during divorce and custody litigations. While the child support obligation itself cannot be waived, the method of payment of expenses on behalf of a child can be set out under Court Order to ensure that the child’s right to financial support from both parents is met in accordance with Georgia law.

Georgia protects the rights of its children by enforcing stringent child support laws. The rules are so strict that failure to pay support can lead to potential incarceration. Non-payment of child support may also lead to driver’s license suspension, denial of passport applications, garnishment of wages, or the loss of a tax refund due to the arrearage.

The Primary Functions of the Georgia Child Support Worksheet

The divorce process is a legal “splitting” of not just the legal marriage contract, but also the couple’s finances. Because the parents will go their separate ways, then they must also split the costs to raise their children. Since they can no longer count their finances as one, the Court must establish provisions to ensure the children’s expenses and basic necessities are paid between the parties in proportions commiserate to each party’s respective incomes, taking into consideration the custodial arrangement of the children, and the payments of certain expenses for the children, such as work-related childcare and insurance premiums for the children.

Georgia’s Child Support Worksheet helps Family Court Judges make this critical decision as to each party’s financial obligation for raising the children after a divorce or custody determination. The Worksheet and attached Schedules have guidelines on the minimum basis for determining child support amounts, referred to as the Basic Child Support Obligation, or BCSO. The guidelines provided in the Worksheet are just that – a guide. As such, the Courts can still use their discretion when determining child support, so long as an adjustment or deviation is articulated appropriately in accordance with the child support statute. Parents can also use the worksheet to come up with estimates of support obligations. The document cites a presumptive amount that the Court may award to a custodial parent. Because it’s “presumptive,” it’s still up for rebuttal, deviations, or modifications. All these roles make the child support worksheet one of the most crucial child support divorce resources in GA.

The Information Required By the Worksheet

To correctly fill out the worksheet, you need to determine your gross income first (your income before taxes or other deductions). You must also have an accurate estimate of the gross income of the other parent. In addition, you will need expense information related to the children, such as monthly insurance premiums, work-related childcare costs, extraordinary medical expenses and extraordinary education expenses.

Gross income refers to all forms of income, including earned and unearned wages. This is the total amount of money you make before taxes or other sorts of deductions.

The most common forms of gross income are salaries, commissions, bonuses, self-employment income, and overtime. However, you may also have income from rental properties, retirement income, dividends, trust income, expense reimbursement from your company that greatly reduces your living expenses or other forms of in-kind income. All of these forms of income must be disclosed in the Child Support Worksheet.

There are some instances where the Court must assign an “imputed income.” This usually occurs if there’s no substantial evidence of how much income a parent makes, or if a parent is voluntarily unemployed. In such cases, the judge would have to consider the known income factors of that parent, such as his or her ability to earn income, his or her skill set, how much he or she earned at their most recent employment, or any factors that would prohibit that parent from working.

The Court may also consider the standard of living of a party who is not actively employed or earning an income. While the income of a new spouse or roommate is not considered as income to that parent, the lifestyle expenditures enjoyed by the parent may come into play as it relates to their ability to pay child support.

Additional Child Care Expenses

These include the expenses incurred for the child’s health insurance premiums and work-related childcare. Most work-related childcare costs occur due to the employment status of both parents. Meaning, both parents work, so they have to have someone else care for their child while they’re on the job.

If you are self-employed, there are certain tax adjustments you can make on your gross income. Your gross income on the Worksheet may also be adjusted if you have another child support obligation order for another child. Likewise, if you have other qualified children living with you that meet certain criteria, then your gross income may be reduced for purposes of child support calculations.

Gross Income Adjustments and Modifications

Once you have all the key pieces of information, you can now add the information into the calculator so that it can perform the mathematical functions. After entering the number of children on the Worksheet, you will move to Schedule A to enter your gross income and the gross income of the other parent. The Worksheet will then total your gross incomes, establish the proportion each income makes up of the total (called Pro Rata Shares), and then determines the total BCSO based on the total gross income calculation. Using your respective Pro Rata Share against the total BCSO, the calculator then determines each party’s basic child support obligation.

Calculating Basic Child Support

You can then move onto the other Schedules to enter other information that may affect the final child support amount, such as other child support orders on Schedule B, insurance premiums and work-related childcare on Schedule D, or extraordinary expenses information and parenting time deviations on Schedule E. Once all of the Schedules have been completed, the Worksheet will show what the final estimate of child support would be.

We here at Fennell, Briasco, & Associates have provided an online calculator for easier estimation of child support. You can use this web-based tool to ascertain a presumptive amount in your child support case.

Getting Professional Legal Help to Create and File a Worksheet

As you can see, creating and filing a Georgia Child Support Worksheet can be quite complex. There are a lot of legal terms that make it complicated and difficult to analyze and understand. These complexities may then cause you to fill out the Worksheet incorrectly.

A Georgia family lawyer can guide you through the whole child support order process. Your attorney can help you ensure that the figures entered in the Worksheet are accurate. They will help you determine which income adjustments and expenses are qualifiable in your case.

From there, your lawyer can establish and file the Child Support Worksheet on your behalf. This is particularly helpful if you have issues with the parent. A child support attorney can even assist you in locating the other parent for you and serve them with litigation to establish child support or begin a divorce.

A Georgia child support lawyer can also help you document the other parent’s earnings. This way, you can ensure that the other parent meets his or her support obligations.

File a Child Support or Divorce Litigation to Ensure Your Child Receives Proper Support

There you have it, your ultimate guide on what the Georgia Child Support Worksheet is all about. At the end of the day, though, it’s all about making sure that a child receives adequate support from both parents.

If you are having problems with the other parent about child support, know that we can help. Please feel free to talk with our family law team here at Fennell, Briasco, & Associates. Our highly experienced family law attorneys can help with your child support concerns.

Frequently Asked Questions

The Best Child Support Resources in Georgia

Wed, 22 Jul 2020 22:22:42 GMT

Divorce can be a messy and prolonged affair. When you bring children into the mix, things get even more complicated. If you are currently dealing with GA child support filings or obligations, you need a lawyer that can help you navigate these confusing legal procedures. A child custody attorney is beneficial to have for when things get heated in the agreement drafts between you and your spouse.

If you are just now entering the confusing path down child support filings, you need local resources to help you understand the orders and enforcements in your state. The child support lawyers at Fennell, Briasco & Associates can help you find the best solution for your case during this stressful time.

Child Support Worksheets

The best way to get started with child support is to calculate how much you should expect to pay. A Georgia Child Support Worksheet will help you with these calculations. Keep in mind that this worksheet will look different from state to state, as orders and enforcements for child support vary across the country. Fennell, Briasco & Associates can help you with your child support worksheet thanks to our extensive experience in family law.

Child Support Calculators

To get an accurate estimate of your payments based on your state’s guidelines, you need a Georgia child support calculator. The child support calculator at Fennell, Briasco & Associates is an important tool that will help you know what to expect when preparing to plan for this extra expense in your monthly costs. Although your final child support payments may differ from this calculator, this tool will help you stay informed and educated about your situation. If you have any questions about your child support calculator results, contact the team at Fennell, Briasco & Associates.

Finding A Child Support Attorney Near You

When you are dealing with GA child support proceedings, it’s important to have a knowledgeable law firm on your side. At Fennell, Briasco & Associates, we have a team of family lawyers that can help you in your case. Whether you need a child custody attorney or a child support expert, we are here to help you.

Contact us today for assistance with your child support questions and needs. We can help you understand Georgia’s child support guidelines. 770-285-5989

Frequently Asked Questions about Child Support

What are The Procedures of Divorce?

Mon, 06 Apr 2020 21:41:48 GMT

Divorce can be an emotionally draining time, but with a dedicated divorce lawyer on your side, it doesn’t have to be confusing. Fennell, Briasco & Associates are here with a brief overview of divorce procedures to help make it a little easier.

Consider Your Divorce Options

If you and your partner both agree to the divorce and all terms thereof, an uncontested divorce is a streamlined and cost-effective option. While an uncontested divorce is usually less complicated, we still recommend each party consult with a divorce attorney to establish fair terms for things like asset divisions, child or spousal support, and custody arrangements.

If you and your spouse are struggling to come to an agreement, then your divorce is considered contested by default. It’s common for disagreements to arise over child or spousal support, divisions of debt, parenting plans, and other personal disputes, but a good divorce attorney will fight for your best interests during a contested divorce to help get you your best result. Even contested cases can become uncontested during the course of the litigation if everyone reaches an agreement on all issues.

Please note that just because both parties agree to get divorced, that does not make your divorce uncontested. What makes a divorce uncontested is having the parties agree on all issues, including child custody, parenting time schedules, child support, division of assets and debts, and payment of attorney’s fees.

Legal Separation vs. Divorce

To obtain a divorce, the parties must show that they have been living in a bonafide state of separation. You can be living in this bonafide state of separation even if you continue to reside in the same house, so long as you are not engaging in marital relations.

This is not the same thing as being legally separated. A Legal Separation action, or Separate Maintenance, is a separate and distinct legal action where the parties stay legally married to one another, but separate their assets and debts as if they were getting a divorce. Despite the fact that this action is similar to a divorce, it does not formally divorce the parties so as to allow them to remarry. It does, however, sometimes allow parties to maintain certain spousal benefits, such as insurance coverage, even though the rest of the assets and debts having been divided.

File Official Complaint for Divorce

The first step of the divorce process in Georgia is to file an official complaint, or petition, for divorce. The Complaint for Divorce is a general document that contains basic information for the Court to get the process started. This includes the date of your marriage, date of your separation, your children’s identifying information, and statements regarding correct jurisdiction and venue. This document, along with the required filing forms, are then served upon your spouse. There are multiple ways service can be perfected and you should consult with your legal team to select the best option for your situation. Once your spouse is served, they have 30 days to respond to the Complaint formally with the Court.

If you have questions, or if you need an Atlanta area divorce lawyer to represent your best interests, call Fennell, Briasco & Associates at 770-626-4673. We’re the experienced family law attorneys you can depend on for results.

First, you must file a Complaint for Divorce in the correct county and court and have that Complaint served upon the opposing party. The Complaint must contain certain information to ensure it conforms with the state laws as well as any local rules for the County it is being filed in. A Marietta divorce lawyer would file the paperwork in Cobb County.

Frequently Asked Questions About Filing for Divorce in Georgia

Why Choose Mediation?

Fri, 20 Mar 2020 21:54:26 GMT

Mediation can be an effective way for couples to resolve disputes quickly and efficiently, without needing to attend a court hearing. Known as a form of alternative dispute resolution, mediation can be used to resolve a variety of issues, such as custodial agreements, financial settlements, and alimony.

Many people assume that separation, divorce, or annulment always means a lengthy court battle. In fact, there are numerous ways to avoid an acrimonious battle following the breakdown of a relationship. If you want to resolve disputes with your long-term partner without dueling it out in court, take a look at some of the benefits mediation can offer.

The family lawyers at Fennell, Briasco & Associates have laid out the advantages of mediation in this article. Read on to learn more about the pros of mediation.

Safe and Confidential

Your safety is always a top priority, so you can be sure that mediation will provide a supportive and safe environment in which to resolve any issues you may have. If you have concerns regarding your safety due to the conduct of your ex-partner, be sure to let your family law attorney know in advance.

Your divorce lawyer will determine how mediation sessions can be adapted to minimize any risks to your safety. For example, parties may have separate sessions with a mediator, as opposed to joint sessions if there is a concern regarding safety.

Divorce mediation is always carried out in the presence of a neutral third-party (the mediator) and, in a majority of cases, they are a qualified family lawyer. As you might expect, confidentiality is assured throughout the process.

Avoid the Courtroom

Going to court can be a stressful process, particularly if you’re unfamiliar with the inside of a courtroom. Furthermore, waiting for a court date can mean it will take weeks or months for the issue to be resolved.

When you choose divorce mediation, you have the potential to avoid the courtroom altogether. This enables you to resolve matters more quickly and ensures you can move on without a court date looming over you. For parents, the collaborative approach offered by mediation also creates a great basis for cohesive and amicable parenting plans in the future.

Save on costs

People assume that obtaining a divorce is always costly. Indeed, costs can spiral if litigation is drawn out and both parties are eager to schedule numerous court dates to resolve issues along the way. As well as paying a divorce lawyer for representation at each court date, you’ll also be required to pay for court fees and case preparation.

With divorce mediation, however, the associated costs are far lower. Although your family lawyer will certainly work with you to prep your case in advance, you may be able to avoid paying to representation at numerous Court dates. This will significantly reduce your legal fees and the overall cost of your separation.

Contact a Local Divorce Mediator Today

Before you decide whether mediation is right for you, it’s important to get sound advice from a family lawyer. By assessing your case and individual circumstances, a divorce lawyer can tell you what your rights are and what outcomes you can expect.

To learn more about divorced mediation or to discuss your separation in more detail, contact Fennell, Briasco & Associates at (770) 626-4673.

The Ultimate Guide to Hiring a Divorce Lawyer

Mon, 13 Jan 2020 21:42:48 GMT

Divorce is never easy, and the process can oftentimes be long and expensive. When you are trying to wade through this difficult time in your life, it helps to have someone in your corner. Having an experienced divorce lawyer can ensure that you get the best representation and outcome in your case.

Finding a divorce lawyer who has your best interests in mind can seem daunting, especially if you’re not familiar with what to look for in the perfect legal representative. The team at Fennell, Briasco & Associates have created this guide to help you get started in finding a divorce lawyer who will fight for you throughout the process.

Qualities of an Excellent Divorce Lawyer

It’s unrealistic to be expected to struggle through the legalities of divorce alone. You need a lawyer who knows the ins and outs of family law, and who won’t misrepresent you during crucial moments in your case. But how do you know if your divorce lawyer is a good match?

Experience in Family Law. When looking for a capable divorce lawyer, experience is an excellent indicator of how well your legal representative will operate in the courtroom. Has your lawyer handled hundreds of family law cases, or only a handful? You need someone who knows the ins and outs of family law so that they can offer you the most sound and well-educated legal advice. A divorce lawyer who specializes in family law is the perfect candidate as a legal representative in the divorce courtroom.
Successes vs. Failures. While this is a question that many attorneys are asked, it is something that is very hard to quantify. What success is to you might differ to how other clients define success in their case. Compare the legal track record of the divorce lawyers you are considering, especially as it relates to client satisfaction. Relying on experience alone as your deciding factor for a divorce lawyer is never a good idea. Find an aggressive divorce lawyer who has been successful for most, if not all of their clients’ cases.
Attentiveness. The stated points above mean nothing if your divorce lawyer is not attentive throughout the grueling process. Are they exploring every possible route that can be taken with your case? Do you receive updates regarding your divorce’s progress? Does your divorce lawyer ask thorough questions about every aspect of your case? Are they working toward your goals and explaining the process? These are important questions to ask yourself after you have found a divorce lawyer with experience and an excellent track record. You want to make sure that your legal representative is doing what you hired them to do, but if they are also going above and beyond in their work.

What is Your Budget?

Let’s face it – divorce isn’t cheap. Depending on the outcome of your case, you need to be prepared for the possibility of paying a hefty sum of legal fees when everything is said and done. In an initial consultation with your divorce lawyer, one of the many topics you will discuss is payment. There are many family law firms that advertise no fees unless we win! However, keep in mind that every firm is different.

If you are honest about your budget during your initial conversation with your divorce lawyer, chances are you both will be able to come to a fair agreement regarding payment and fees. Getting the looming stress of court costs out of the way will enable both you and your divorce lawyer to focus on more important matters.

How Thorough is Your Lawyer?

To expand further on the third point of the qualities of an excellent divorce lawyer, it’s important to note how attentive your legal representative is when you are in the thick of your divorce. Whether you are settling your separation inside or out of the court, know that the path will not be a straight line. Divorce can be a messy uphill battle. The documents involved that state the agreements made between you and your ex-spouse could change numerous times during the negotiation process. Any capable divorce lawyer will be prepared for this inevitability, and will react accordingly.

It may seem overwhelming to receive multiple emails on a daily basis from your divorce lawyer seeking information or documentation, but know that this is a good sign. Extreme thoroughness is required to win any case. Like a seasoned chess player, your divorce lawyer is exploring ever possible play for not just your team, but your opponent’s as well. The more questions your divorce lawyer asks, the easier you can rest knowing that you are getting the best and most attentive representation.

Find a Divorce Lawyer That Meets Your Needs

During your first conversation with your divorce lawyer, one of the things the two of you will discuss is your goals. What are some positive outcomes that you would like to see after your divorce is finalized? Be specific and honest about your needs, and your divorce lawyer will work tirelessly to deliver them in the confines of what is allowable by law. Filing for divorce in Georgia can be a difficult process, but hiring an experienced divorce attorney can make things easier.

An experienced legal representative will give you updates throughout the divorce process, but they will also let you know their progress on reaching your personal goals. Your divorce lawyer will be honest and upfront with you. They will fight for your goals, but if plans change and these outcomes turn out to be unreachable, they will let you know right away and work with you to explore alternate routes of action.

There are a number of grounds for carrying out separate maintenance. If both parties agree on the separation, or if it is a result of misconduct (adultery, domestic violence, etc.), then the separate maintenance is an acceptable course of action in a court of law. Depending on whether you have had children during the span of your marriage, the paperwork required for separate maintenance will vary.

There are a number of routes to take if you are wanting an alternative to divorce, one of these being legal separation. In the state of Georgia, this is referred to as separate maintenance. Like legal separation, separate maintenance in Georgia does not end in divorce. Instead, the same issues are addressed (child custody, alimony, etc.) but you are not legally allowed to remarry.

If children are involved during divorce proceedings, then a custody hearing may be held if the parties cannot agree on a custodial arrangement. These events are usually small, with only the parents, their lawyers, and any witnesses present.

During this hearing, the attorneys will ask both parents questions that are based on the best interests of the child standard. These can include living arrangement concerns, or requests about the parenting plan. The Judge may also ask questions if necessary. Custody hearings are usually short, with decisions possibly being made the same day. Depending on the complexity of the case, the judge may request a period of time to make their final decision.

Once the Court makes a decision has been made regarding custody of the child on a final basis, the order about custody can only be modified if a material change of circumstance occurs that affects the health and welfare of the child. Some orders may also be subject to the two-year rule, which provides that the order cannot be modified until two years has elapsed since the order was issued.

The Law Firm of Fennell, Briasco & Associates

If you are filing for divorce in GA, The Law Firm of Fennell, Briasco & Associates will work tirelessly to reach a positive outcome for your case. With hundreds of family law cases and years of legal experience among our team, we are prepared to fight for you and offer support as you navigate this stressful time in your life. Contact us today for a FREE attorney consultation: 770-956-4030

A Happy Holiday For The Family Of Divorced Parents

Wed, 18 Dec 2019 18:30:10 GMT

The holiday season isn’t fun for every family. Not every household has a stereotypical cookie-cutter family. And that doesn’t mean a happy holiday season is out of reach for such families, but it does mean that the holidays can put a bit of strain on them. Perhaps your family is experiencing this situation, and you might be a little bit worried about the holidays. You may be divorced from the other parent of your children and won’t have your children on the day of a major holiday this season, which can be very difficult. Even divorced parents who remain on good terms can struggle to deal with this time of year. Co-parenting is a 24/7 struggle all year long, but it can be particularly tough during December. You might even feel pressured to work hard to keep your children happy and create some semblance of a conventional family for them over the holiday season.

‘If you are feeling more overwhelmed than usual during the holidays, then you might want to seek help from a family law attorney . Perhaps you and your partner are already separated or divorced, but your holiday schedule isn’t working. Experienced law firms can help your family in many ways other than just the divorce process. A family lawyer can help you enjoy the holiday season by assisting in negotiating arrangements that suit both the parents and the children. An experienced family law attorney can help you on an emotional level, as well as a financial level. And that’s exactly why this law firm is the right option for you. Whatever your current family situation, we have professionals who can help to ensure that you and your loved ones improve your relationships with one another and, additionally, improve your relationship with the holiday season.

Family lawyers specialize in many aspects of divorce and custody-based law, so they could help you in multiple areas. Perhaps you need financial support to deal with the many costs that you and your family are facing during this expensive time of the year. You may want to ensure that you can create a nice meal for everyone or to buy some memorable gifts for your children, but may not have the extra funds to do it. If you don’t get the necessary support from the other parent of your children, then one of Fennell, Briasco & Associates experienced family law attorneys could help you by arranging adequate child support payments. This is an important part of the divorce process because you still need to ensure that your family is supported. That applies for every season of the year, but it’s particularly important during the December holidays.

You should also make sure that you’ve arranged appropriate visitation rights. Remember, when children are involved, you have to think about their needs. Though your relationship with their other parent might be over, you should still ensure that they get to see both of their parents over the holiday season. With experienced legal help, you could come to an arrangement that allows your kids to spend adequate time with both parents for holiday celebrations. This will make the holiday season more special for them. So, to have a happy holiday as a family after a divorce, think about everybody involved. The key is to move forward in a healthy way. If you can do that, then every member of your family can start to view the holiday season in a positive light.

Let The Law Firm of Fennell, Briasco & Associates assist you in ensuring that everything runs smoothly with your family unit this holiday season. Contact us today for a FREE attorney consultation: 770-956-4030

Frequently Asked Questions about FBA Law Firm

Fun Fall Activities for You and Your Family

Wed, 25 Sep 2019 22:25:10 GMT

Fall is officially here which means cooler weather (hopefully), pumpkins, beautiful foliage, sweaters and so much more. If you have kiddos at home, now is the perfect time to start planning some unique activities to do with them this season. Sure, picking out the perfect Halloween costume is great, but there are tons of opportunities to spend some quality family time and even throw some educational activities in too!

Check out the local community calendar. This time of year, it seems everyone has fun fall festivals going on. These are especially fun for kids as there are usually activities like face painting, hayrides and more. Here are a few happening right here in our own back yard:

Fall Festival on September 28 at Rhythm and Therapy Music Therapy Services.
Open to current and past Rhythm & Therapy clients, as well as anyone in the community that has a child with special needs. The hope is that you and your family get a chance to have fun in a supported environment! Maybe even meet some new friends
Kids Fest
Come out to Northside Hospital Cherokee Amphitheater in downtown Woodstock for Halloween Fun! Trick-or-treat activities for the younger ghouls and goblins! Don’t miss the games, inflatables, face painting, vendors and lots of candy!
Berry Patch Farms
Stop by anytime between October 5-30 and enjoy the day at the Pumpkin Patch. Take the hayride and take some beautiful pictures while you’re out there.
Visit an Apple Orchard Fall is the perfect time of year to learn about seasonal fruits and veggies. Apples are the perfect example. Stop by an apple orchard where you can pick your own apples. Not only will it be a fun experience for everyone, but once you get home you can then turn all those apples into something else! Bake an apple pie, apple crisp, apple sauce, apple cider. The possibilities are endless. Depending on the age of the kids, you can even use the apples to make apple stamps and create a fun art project out of them. It also goes without saying that Apple Orchards are beautiful and also provide another good opportunity for photos.
Jump in a Leaf Pile
Ok, all of you reading this have done this as kids. If you’re looking for a low-key, no spend activity, this is it. Rake all those leaves that have fallen in the yard up and voila! You have an instant afternoon of smiles and giggles. It is very difficult to jump into a pile of leaves and not have a big grin on your face after all.
Go on a Nature Walk
The colors are beautiful. The leaves are falling off the trees. The weather is more manageable than the heat of summer. Get outside and go explore. Play a game of I Spy while you’re out there to see what kinds of things you can find. Collect leaves along the way, seeing how many different colored leaves you can find.
Carve Pumpkins
One of the most loved fall activities: Pumpkin carving. After you pick out the perfect pumpkin, set aside some time to sit down and carve those things out. Reach in and get all the pumpkin guts out and let your kids decide what they want to carve into their pumpkin. It’s their masterpiece. If you have young kids who aren’t able to carve or if they don’t want to, why not paint the pumpkin or decorate it with markers or stickers. No matter what, a fall porch isn’t complete without a few artistic additions of the carved (or decorated) pumpkins. Plus, when you get done, you can roast the pumpkin seeds for a post-carving snack!
Go camping
Pack up the car and find a family-friendly campground where you can all enjoy the great outdoors. If you don’t want to go far from home, camp out in the backyard! Be sure to pack extra blankets and warm clothes for the cool evenings. Fall is the perfect time for camping. It doesn’t have to be complicated either. Pack a cooler full of hotdogs (and buns, condiments, etc.) and some s’mores ingredients (Camping isn’t the same without a s’more) and you’re all set! Ok, yes, you’ll need other snacks and extra clothes and who knows what else, because, let’s face it, kids are always hungry and you just never know what’s going to happen. Point being, sleeping under the stars is a beautiful alternative to a typical evening.

Fall isn’t just about what you can see either. While you’re on your nature walk, be sure to close your eyes and see what you can hear. Can you hear the wind blowing through the trees? Can you hear the leaves crunching under your feet? This same idea can be done with all of your senses. See if your kiddos can tell you what they feel (The cold air on their skin? The warmth of the sun?).

We could go on and on with all the fun activities you could do with your kids this fall. It’s a beautiful time of year to get outside and educate them with all the things happening in nature or stay inside and cozy up with some hot chocolate and watch a movie together. Whatever you decide to do this fall, we hope all of you have a beautiful season spending time with your family.

Helping Older Siblings Adjust to a New Baby

Tue, 13 Aug 2019 22:31:08 GMT

Having a child is one of, if not the most precious, magical and rewarding experiences we can experience in life. Yet for families that already have other children, the introduction of a new baby into the mix can have a significant impact on the family dynamics and relationships.

Some children do quite well adjusting on their own, but others need additional support during this transitional time in their lives. One of the keys to making this transition with older adult siblings is opening up the lines of communication and foster a healthy connection between your children.

It’s not always easy for an only child or older siblings to adapt to having someone new in the family, especially if they know that their new sibling isn’t a temporary thing and is now receiving the majority of their parent’s attention. At first, it may seem impossible for the older child to accept the reality that he will no longer be the only one, but with these helpful tips, your children will be best friends in no time.

Prepare with Crafts and Other Activities

Before the new baby is born, a great way to get him to be more inviting is to prepare him with special arts and crafts projects about the new baby to come. Ask your child to draw pictures and tell stories about the exciting plans that the older sibling-to-be will have with his or her new brother or sister. This will allow the excitement of eventually being able to teach the baby how to play sports or even about their favorite pair of shoes. Asking them to draw a picture of what he is excited about will help your child to feel more comfortable with having to share space in the family. Don’t forget to hang his art on the fridge!

Acknowledge their Emotions

When it comes to new siblings, empathy is a must. Depending on how old the older sibling is, he may not immediately feel comfortable with telling you how he feels about this brand new situation. And, if he’s younger, he may not even know how to express it. Acknowledging how he may feel, especially the negative emotions that come with a new baby brother or sister, will ease his fears of being replaced, forgotten, less important, or simply left out.

Give them Reassurance

Acknowledging their emotions should never come without reassurance. After addressing his possible fears and doubts, it is important that you make sure he knows that his mixed emotions are valid and quite common when it comes to having a new sibling. But, even so, his fears will never come true. It will help even more to make sure he knows that he actually needed when it comes to being an older sibling, and that this new baby is very lucky to have someone like him.

Get them Excited to be a Role Model

It’s difficult for an only child to suddenly have to share his mother’s love, so it is extremely helpful to pump him up about how important he is as a role model; the protector, so to say. A great way to initiate this is by asking the older child who their role model is as well as why he looks up to that person so much. Whether it’s a family member or a favorite baseball player, let him know that that is how his new sibling will look at them. Not only will he feel a sense of pride, but explaining the importance of the older sibling acting as a role model will guide him through his own decision-making process too. After all, the choices he now makes must benefit his new sibling as well!

Let them be Involved

Allowing the older sibling to help out with a new baby will make them feel like their existence is still validated. Even simple tasks such as having them hold the baby while you do the dishes and allowing them to feed them a bottle will give the older child a whole new perspective on his role in the family.

Giving the older child special tasks will comfort by reminding them that their role in the family is actually needed and important. Furthermore, asking for their advice and opinions will do wonders for his send esteem. For example, let them choose their new sibling’s clothes or asking your child which book they think would be best to read to the baby that day.

Special Alone Time

Don’t forget to make it a point to schedule a special alone time with the oldest child. The new baby will take up a lot of time that he isn’t quite used to sharing, so even a special day each week will remind your oldest child that he will never be forgotten about, and also that he will still always be a special person.

Most Importantly, Don’t Force it

We tend to think that these tactics will succeed immediately, but the truth is, this adjustment takes time. Forcing the older child to pick out a toy or feed the baby a bottle will make their new sibling seem like nothing more than an annoyance or a chore. So, it’s important that you don’t push or force older siblings to participate in being involved with the baby right away, even in the sense of a role model.

Continue to pay attention to your oldest child, no matter how they initially react, or more commonly, doesn’t react at all, and eventually, they will come to you on their own.

Back to School Tips for Busy Parents

Mon, 29 Jul 2019 22:35:22 GMT

The new school year will be here before we know it. Whether you’re sending your first child to school with a tearful goodbye, or rejoicing as your five school-age children disappear for eight hours so you can get some work done, this guide will help you be ready for this back-to-school season.

On the other hand, perhaps it is not your kids who are going back to school, but you. Many adults are returning to school for lifelong learning, a chance to finish that degree they never quite wrapped up, or to further their career.

This guide applies to you, as well! With these back-to-school tips, you will receive an A+ in school preparedness.

Having trouble agreeing on parenting, school, visitation or other family-related issues with your former spouse? At Fennell, Briasco, & Associates, we know how stressful legal issues can be when children are involved. If you need help finding an amicable resolution related to your child, reach out to us today. Our caring and compassionate legal team will make sure you have one less thing to worry about when getting prepared for the looming school year.

Back to School Tips that’ll Get you an A+ in Parenting this School year

1) Get to Know the Teacher

Meeting the teacher early on in the school year helps you open good channels of communication. If this is your kid’s teacher, you set a foundation for showing that you care how their education is going, which lays good groundwork before any parent-teacher conferences.

Taking this initiative will leave a good first impression with your teacher and will help you feel at ease knowing you are leaving your child in good hands. Use this time to build rapport and ask any questions you may have.

2) Take a Tour of the School

Walking the halls of school before the first bell rings helps in a number of ways:

Help your child learn the routes to and from class to avoid confusion
Find out where key areas are, such as the library, cafeteria, and the all-important bathroom
This practice helps settle first-day jitters, allowing for a more relaxed environment

3) Don’t Wait for Back-to-School Sales

Tax-free weekend sounds great, but many places hike up prices to make it look like items are on sale or that you save a lot of money by not paying sales tax. This event also makes you deal with huge crowds and potentially sold-out items.Avoid the pressure of cramming in back to school shopping the weekend before school begins by picking up items here and there as the summer progresses. Many schools publish a school supply list by grade online. Picking up a few supplies every week will also help you avoid breaking the bank.

4) Get in the Right Mindset

This tip is especially helpful with children who are going to school. Summer is fun, but they need to be eased into their new routine of study before play. A few weeks before school begins, start talking about what your family’s school year routine will look like.

Two weeks before school starts, abandon those late summer bedtimes for a normal school year bedtime. Establish if showers will happen the night before or the morning of. Prepare your children to avoid the shock of the end of summer. Start practicing getting up early to get in the habit.

5) Make Summer Fun but Educational

Be sure to fit in some pool days and summer relaxation but also take advantage of fun, educational offerings. For instance, tour an art museum or a science center. Take the kids on a nature walk and talk about different birds, insects, plants, and animals. There are many opportunities to enjoy the good weather while also learning!

6) Participate in Summer Reading Programs

Libraries have really scaled up the fun in these programs, and it helps young children retain early reading skills. Whether you read to your child or if they can read on their own, books can provide a world of entertainment and education. The rewards are great incentives to keep the kids involved, as well. Go sign up for your local program today!

7) Create a Family Calendar

Not only is school starting back up, but many activities resume as well. By scheduling any sports, hobbies, music lessons, or study groups, you can help avoid family members overbooking themselves, including you!

You can also use this calendar to create a set homework time after school each day. This could be immediately after school, right after dinner, or right before bed, for example. Do what works best for your family.

8) Plan Ahead

Have a spelling test on Friday: Quiz your kid on a few words each night to avoid a rush. Flying out the door every morning.

Here are a few things you can do to slow the morning down:

Shower the night before
Pack lunch the night before
Pre-pack a week’s worth of snacks to set out on the counter or in the fridge
Pick clothes out the day before and set them in the bathroom
Prep breakfast on Sunday to warm up all, or part of, the next week

9) Be Flexible

Each child is unique in the way they learn and performs best. Be flexible with plans, routines, and schedules. By keeping everyone’s individual needs in mind, you can set your family up for success in this coming school year.

Get Ready, the School Year will be Here Before you Know it!

Follow the tips in this guide and you’ll be well-prepared for the school year ahead. Whether it’s your first rodeo or you’re a seasoned pro, planning ahead can take a lot of stress out of the process.

As family attorneys , the team at Fennell, Briasco, & Associates is here to support you in making the best decisions and providing the best opportunities for your children. If you need assistance with any family legal matters don’t hesitate to reach out.

Summer Safety Tips for Pool and Beach Days

Fri, 19 Jul 2019 18:25:33 GMT

With the approach of warmer weather comes the desire to go to the pool or hit the beach. Winter and spring sweaters and pants quickly get traded out for tank tops and shorts.

While enjoying time by or in the water is no doubt a popular pastime for those looking to beat the summer heat, water is not without its dangers.

At Fennell, Briasco, & Associates, we want you and your family to stay safe this season while enjoying your time at the beach or in the pool.

Follow these summer safety tips in mind for an enjoyable, memorable summer that you and your family won’t soon forget.

1) Plan According to the Weather

No one wants to get to the pool or the beach just to find out the weather is about to take a turn for the worse. Even if skies appear to be clear, check your forecast. In some areas, storms can show up in minutes without much warning. Lightning can also be hidden by clouds during the day, leaving you and your family vulnerable out in the open.

Weather Tips:

A light sprinkle won’t likely ruin the day, but be prepared to seek shelter if rain becomes heavy or if that rain is accompanied by thunder or strong winds.

Pack a picnic or some games that you can play under a park shelter while waiting out any nasty weather that pops up.

If heavy storms are expected, simply pick another day. Storms that involve lightning will likely result in an evacuation of the area due to safety concerns.

Be sure to bring along a change of clothing in case temperatures cool down or the wind picks up.

2) Bring Lots of Liquid

It is easy to get dehydrated without realizing it, especially if you’re in the water where its cooler. Make sure you and your family take regular breaks to drink water and other hydrating beverages.

3) Always Supervise Children

This cannot be overstated: it only takes a moment for a child to be swept away by a riptide or to go under the water in the pool. Do not take your eyes off of your children.

Some families even opt to have a designated watcher for 20 minutes at a time, a good practice that can save lives.

Water Supervision Tips:

Drowning is not the big, splashy event as portrayed in movies. It is often much more silent and not as noticeable.

Riptides are hard to notice, as well. If you are at the beach, it is best to educate yourself on what a riptide looks like and always have adults in the water with the children.

Do not allow children to watch other children.

When using life jackets, do not assume that this makes drowning impossible.

Have a way to call 9-1-1 always available.

Eliminate distractions.

Teach your children how to swim properly but do not assume this means that accidents will not happen.

4) Make Sure to Safeguard Bodies of Water

Whether you plan to be around the water or not, sometimes children make their own plans. Unfortunately, there are stories of kids who escape the house and end up in the pool despite their parent’s best efforts to protect them.

Precautions you can take:

If you are swimming, find a place with a lifeguard and always use a buddy.

Make sure that pools have proper barriers around them that cannot be easily accessed by children.

If someone is missing, check the water first. Time matters in this situation, and it is important to rule out water.

If caught in a riptide, swim parallel to the shore or tread water until help arrives.

5) Watch Out for the Wildlife

While wildlife encounters are bound to happen every now and again, there are a few steps you can take to ensure your family’s safety when face to face with Mother Nature’s creatures.

Wildlife Saftey Tips:

Check with locals or lifeguards to see if there are known issues with jellyfish or other animals.

If someone is stung by a jellyfish or stingray, avoid old wives tales. Instead, immerse the sting in water that is as hot as you can bear, or use a cold pack, to bring pain relief. You can prepare for this by keeping cold packs in a cooler.

Shuffle your feet when walking the beach, instead of walking normally, as stingrays only sting when stepped on.

If you encounter a wild animal (such as a boar at the beach), do not approach them. Calmly try to leave the area to avoid spooking the animal.

6) Always Wear Your Sunscreen

While most people are great at remembering the first initial application of sunscreen, it is remembering to reapply in a timely manner that can be an issue.

Tips for Time Under the Sun:

Even if you want to get a tan, be sure to put on some sunscreen. Excessive tanning has been linked to high rates of cancer.

Look for SPF 30 and ingredients such as zinc oxide or titanium.

Lotions are better for application than sprays, which can miss areas.

Be sure to reapply every couple of hours.

Always wear light-colored clothing and hats to prevent overheating and to provide an extra protection for your skin.

Make Your Summer Unforgettable in a Good Way

Following these safety tips will help you and your family avoid potential accidents over the summer, especially when around water.

Summertime is for making memories with family and injuries can get in the way of having a fulfilling summer. Spending time by the water is one of the most fun activities summer has to offer, and observing these safety tips will help your family maximize the fun.

How to Foster a Healthy Co-Parenting Relationship

Mon, 29 Apr 2019 18:34:17 GMT

Sadly, divorce not only breaks couples apart, but it also has a way of bringing out the worst in even the most caring and thoughtful of individuals.

It’s emotions like anger, jealousy, and resentment that create seemingly insurmountable obstacles to a successful co-parenting relationship. And it’s these fiery emotions that make co-parenting a significant challenge for many former couples.

The fact is, children need both their mother and their father in their lives, regardless of whether or not both of you are still married. However, if the relationship between you and your ex is toxic, this negativity can spill over into the life of your children and have a substantial detrimental effect on their well-being.

At the Fennell, Briasco, & Associates, we’ve helped countless clients with co-parenting and visitation arrangements that foster a positive environment for the children and with co-parenting strategies that encourage a healthy relationship.

Read on to learn more about our tips for having a healthy co-parenting relationship.

Remember, it’s all about the kids, not you

Challenges are significantly decreased when adults remember that it’s about the kids and not about themselves. Make a commitment with your ex to always put your child(ren)’s needs and well-being above your own.

Set your issues aside. Initially, it will be difficult to set aside the wounds and bitterness of the past, but in doing so, a tough situation will be made a whole lot easier. As difficult as it may be, encourage your children to have a healthy relationship with their new stepparent. In order to do this, it’s important that you recognize that the new stepparent is not there to replace you, rather they are there to help raise your children. A healthy attitude and a positive effort will go a long way.

Always treat your ex with respect (even if you feel they don’t deserve it)

Regardless of how your ex treats you, you must always treat him/her with the utmost respect. Staying respectful is not only in your children’s best interests, but it’s also necessary for maintaining a civil relationship between you and your ex.

Bad mouthing your ex, or being disrespectful towards them, hurts your children in the long-run. Keep in mind that your children are always watching and learning from your actions. Being disrespectful imparts a negative lesson on your children about how people should be treated and what relationships will look like. One big outcome of this is that children turn against one or both of their parents. Likewise, do not allow your children to speak ill of your ex or act disrespectful towards them even when they are in your home.

Keep open communication with each other

All healthy and successful relationships thrive on open lines of communication. Sadly, some people are better at communicating than others. Communication, however, does not just have to be verbal. The lines of communication can be kept open through email, texting, voicemail, and face-to-face conversations.

Along with communication, keep in mind that vocal inflection and body language are also a means of conveying messages. For example, if your tone is sarcastic and your body language is closed-off or angry, then those messages will be picked up on by your children and your ex regardless of what comes out of your mouth. When the lines of communication are closed, it is the children who will suffer the most.

Do not withhold visitation from your kids

When you deny your children the opportunity to see your ex, you are hurting them more than they already were hurt through the divorce process. Also, attempting to punish your ex by withholding their children from them is also hurtful to your children in the long-run.

Refrain from using your children as pawns in your quest to seek revenge on your ex. In withholding visitation from your ex and not allowing your children to see their other parent, the pain you are inflicting on your ex is nothing compared to the pain you are putting your children through.

Keep things friendly and professional

A healthy co-parenting relationship looks very much like any professional relationship. In any solid business relationship, emotions are put to the side. This is exactly as it should be in any successful co-parenting relationship. Always do what is best for your kids.

Come to an agreement with your ex on behavioral guidelines, boundaries, and house rules. If this cannot be done, then you need to expressly tell your children what the rules in your house are and what your value system looks like. While doing this, you must also respect your ex’s house rules even though they may be different than your own.

Having co-parenting or visitation issues? We can help.

If you are having issues with co-parenting plans or visitation, then Fennell, Briasco, & Associates (CFL) can help. Our experienced family law attorneys and criminal defense lawyers will help you to solve your legal situation while providing you with the answers you need.

Know the Difference Between Separation and Divorce

Mon, 15 Apr 2019 12:30:51 GMT

Life often presents us with unexpected twists and turns. Sometimes these surprises involve our significant others and are not always of the pleasant variety.

As time passes, not all couples thrive grow closer. Their paths in life may lead them in different directions, causing them to lose sight of the love they once had for each other.

When irreconcilable differences happen, most couples will need to seek either a legal separation or a divorce. These divergences can be benign or dangerous; everyone’s tale is different.

But when it comes to making this life change, for better or worse, many couples don’t have a good understanding of the difference between a legal separation and a divorce, let alone why one may apply to their situation more than the other.

In this article, we’ve broken down the main differences and procedures to help you navigate this difficult period in your life.

Levels of Separation

Before we delve into separation as opposed to divorce, it is important to understand separation in its entirety. Separation is, some may be surprised to find, a category more than it is a state of your relationship.

Separation, in legal terms, can be further broken down into two types:

Trial Separation

Legal Separation

Trial Separations

Trial separations are informal; the couple decides to live apart, test the waters so to speak. Couples can separate in this manner at any time, as many times as they feel the need. No legal negotiations take place. the couple is simply attempting to determine if this is truly what they want.

Legal Separations

A Legal Separation is more intense. It involves negotiations, spousal support, custody, visitations, and more. The couple is beyond a trial separation, but not quite to a divorce. When discussing the differences between divorce and separation, we are looking at legal separation specifically.

Understanding Key Differences

The most important difference between legal separation and divorce is your marital status. With separation, you are still legally married. You have chosen to divide assets, live apart, and share custody, but you are still married.

Marital status affects many things, from taxes to negotiations. Some couples choose to remain married but separate because of this.

Why Some Couples opt for Separation over Divorce:

Religious or Moral Preference
Government Benefit Eligibility
Health Care or Insurance Eligibility
Tax Benefits
Chance for Reconciliation
State Residency Requirements
Less Stressful Negotiations
Easier on Children
Rights to Inherit

If you and your spouse decide to separate, your finances will separate as well. You will have new rules, boundaries, and budgets to abide by, despite your marital status remaining.

Divorce, on the other hand, is the formal ending of your marriage. It frees you to see other people and perhaps remarry. You will undergo many of the same negotiations, visitations and custody, dividing assets, etc., but there is a permanence in the actions. Separation can end; divorce only ends if you remarry and undergo all the legal processes that are involved once again.

Separation or Divorce?

Couples may choose to separate in preparation for divorce for three reasons: as a trial while attempting reconciliation, as a stepping stone to get negotiations underway, or as a legal requirement.

In certain circumstances, some states have rules you must adhere to in order to get a divorce. This can often be a waiting period of six months to a year. In other states, the separation itself is the grounds for a divorce. Your legal teams help you resolve any issues that arose during initial negotiations, you live out the separation agreement, and then it converts to a divorce decree after a set amount of time.

In the case of potential reconciliation, some couples choose to separate while still working on their relationship. A separation is reversible, whereas a divorce is not. Some couples also view separation as a stepping stone, an easier path to help any children cope and buy time to tie up legalities and negotiations.

How Fennell, Briasco, & Associates Can Help

Separation and Divorce can be a difficult, trying and emotionally charged time in your life. Our team can help you keep your head above water, shouldering some of the stress and handling the legal paperwork and proceedings so you can focus on your emotional health and well-being.

Knowing state requirements and your rights are key. We’ll help you understand state requirements, work with you and the other party to ensure a fair negotiation and agreement, and help with the paperwork.

Some separations and divorces are smooth sailing; for these, we’re there to dot the i’s and cross the t’s. When the waters turn rougher, you can rest assured that our team will sail you through. No matter if you’re looking for an experienced Roswell divorce attorney or an Atlanta family lawyer, FBA Law Firm can help.

You don’t need to handle this alone, in fact, it can end poorly if you try. Instead, call our office today and set up a consultation. Let us help you begin the next chapter of your life.

Tips for Working Moms – Ways to get over Mommy Guilt

Tue, 19 Feb 2019 20:39:24 GMT

Being a mom comes with a lot of responsibility and it’s often hard to turn off mommy-mode and accept that being a mom is part of who you are but not ALL you are.

If you feel guilty when dropping your kids off at daycare while you go to work, know that you’re not alone, and while this feeling is all too common, there are ways to cope.

Often, the pressures that working moms face are very different than the ones that working dads face. Moms are often expected to know everything about their child’s lives and be around for every event. It can be easy to feel guilt over not doing enough or find yourself in a mommy guilt spiral.

If you find yourself stressed and sad because you had to miss a recital or ball game because of a workplace obligation know that this is a common reaction and one that you should acknowledge, accept, understand and overcome.

But, as hard as it may be, it’s important that you stop getting mad at yourself and beating yourself up over this. You are doing a great job, and there is no shame in being a working mom.

Whether you work because you want to, because you love to, or because you need to, you’re doing what is best for you and for your family, and there is much to celebrate about that.

These tips can help you get perspective and get rid of some of that working mom guilt.

Remember that you made the right choice.
It’s okay to feel anxious about leaving your child with another person. While it can be difficult to leave your child at a daycare or with a family member or friend, trust that you made the right decision for your family and your child. Your instincts are good (after all they’ve gotten you this far) and you are being a responsible parent by looking out for your child’s well-being.
Accept that compromise sometimes has to be made.
When you’re working and a mother, you aren’t going to be able to do everything (and be everything) to all people all of the time. And that’s ok. It’s important for your own happiness that you recognize this fact. Try to recognize that working outside of the home has many benefits for your family, your kids, and also for yourself. It’s ok if sometimes there are trade-offs that have to be made.
Be happy with your best and don’t give into perfectionism.
No parent is perfect. This is true whether you are working outside of the home or not. It’s best for your own health and happiness that you realize that no one is the perfect mother, and you’re never going to be the perfect mother either.

You don’t have to be perfect at this parenting thing to be good at it and to take care of your kids. By working outside the home, you are also showing your children that women, and all people, can pursue their goals and work hard. You are modeling many skills and traits for them that are important and admirable.
Don’t let haters get to you.
Sometimes people might criticize your parenting style or that fact that you are a working mom. but don’t let it get you down. Remember, there is no single right way to raise kids. Each parent has their own style and differing lifestyles and circumstances to deal with. Perhaps you are working to save money for your child’s future education, or simply to keep the lights and water on.

While judgmental comments can be hurtful, don’t let the ignorance and insensitivity of others bother you. It’s alright to feel angry or sad about these comments, but don’t dwell on them for too long.
Create a support system
Having a support system of friends and family is very important. You need to have people around you who support your decisions as a mother and who lift you up when you are feeling down. While it might be difficult, it’s important to spend some time with your friends and socialize. Going out somewhere that isn’t related to work can help clear your head and remind you that you are working hard and you do deserve a break.

Also, make time for memory-making activities with your family. While taking care of kids and working can be exhausting and busy, taking time to spend quality time together as a family makes a big difference.

Closing Thoughts

Mommy guilt doesn’t do you or your kids any favors. You’ve got this, and you’re doing a great job! Keep your eye on the prize, and your family and kids will thank you.

Legal Rights of Women in Divorce

Tue, 05 Feb 2019 20:34:47 GMT

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Going through a divorce can be a difficult time in anyone’s life.

But it can be especially traumatic and nerve wrecking when you gave up your job, education, or finances to care for your kids or help your spouse. Because of this, many women are afraid of being kicked out of their home or forced to live on their own during a divorce. Thankfully, the law protects women who have sacrificed their finances, career or life for their families.

Know that if you’re a woman facing divorce, you likely have many distinct legal rights to protect your interests.

Your Rights as a Woman Facing Divorce:

The right to remain in your home

If you are a stay-at-home mom – or the primary guardian and caretaker for your kids – a judge can rule that you are allowed to stay in your home for the duration of divorce proceedings. You might even keep the home as part of the settlement, depending on your circumstances. Even if you don’t keep your home, you shouldn’t be immediately uprooted.

In situations where women cannot remain in their home after a divorce, they are generally given a portion of the proceeds from the sale of the home (often split 50-50 between spouses). These funds could help pay a security deposit and several months of rent for an apartment, or even provide a down payment on another home.

The right to protection from your spouse

Will you need to live with your husband during your divorce? Not necessarily. If your spouse is verbally or physically abusive, you can file for a restraining order. This may allow you to remain in your home while preventing dangerous interactions with your significant other.

The right to financial support

You may wonder how you’ll pay the bills, especially if you gave up a career to stay at home and care for your children. Thankfully, there are many provisions to help women get back into the workplace after a divorce.

Spousal support

Whether or not you have kids, you may be entitled to spousal support if your spouse makes significantly more than you. This can be an ongoing payment. Alternatively, it could be offered simply until you’ve found a stable job. Either way, if you’ve sacrificed your career or finances for your husband, you may be entitled to spousal support.

Child support

The spouse with custody rights is always the one to receive child support. If you have partial or full custody of your children, your ex-spouse may be required to financially support their upbringing. You won’t need to worry about paying for doctor’s appointments, school supplies, and Christmas presents on your income alone.

The right to legal help

In the middle of a divorce you can’t afford? You’re not alone. Legal fees can be daunting, and if you’ve been a stay-at-home wife or mother, you may not have the savings to afford a lawyer. Many governments are sympathetic to this situation; your judge may require your ex-spouse to finance your lawyer, or you may be allowed to use some funds from the sale of shared items to pay for your lawyer.

The right to continue caring for your children

During your divorce, if you’re a stay-at-home wife, you shouldn’t be forced to return to the workforce. The final settlement will determine whether you are eligible for enough support to live independently; until then, you are free to stay with your children and continue taking care of them.

Final Thoughts

Enduring a divorce can be heart-wrenching. If you’re going through a divorce, you’re not alone. Your state government has set up protective provisions to keep you safe and financially provided for.

Know that you don’t have to go at this alone. If you have any questions about your rights during a divorce, consider reaching out to the Fennell, Briasco, & Associates. Our team of compassionate and fierce advocates will help you understand and fight for your rights as a woman, helping guide you through this difficult time in your life and setting you up for a successful path forward.

How to Find Time for Friends After Having A Kid

Mon, 21 Jan 2019 20:28:56 GMT

If you’re a first-time parent, it can be especially difficult to keep up with your old social life, friends, hobbies and activities. While you’ll undoubtedly be busier than you used to be, and have a lot more on your mind, being a parent doesn’t mean you have to totally give up your social life, even if it feels like you might have to at first.

You can still make time for your friends even after you’ve had kids. This short guide will help you understand why that’s important, and offer some quick tips on how to make your friends a priority without impacting your ability to be a great parent to your child.

Make Time for Friends and Socializing

Everyone will warn you and tell you all about how kids change your life, but it’s hard to really imagine this until you hold that new baby in your arms. Suddenly, you aren’t getting as much sleep, and you are emotionally and physically focused on taking care of this precious new life that has found its way into your world and heart. Even as you get into the groove of parenthood, you often find that your perspective on life has changed.

While it’s important to find friends who can support you as a parent, you can still be friends with those in your life who don’t have kids.

These tips can help you make time for friendship and a social life as a new parent. Having a network and outlets to have fun and be yourself is important. You’re a parent, yes, but that’s not all you are, and you don’t have to lose your personal identity. Far from it.

Bring Along Your Kids (But, Not Always)
Especially with a young baby, it can be hard to leave your child for more than an hour or two. To make socializing easier when you have a baby, you can look for activities where you can bring your child with you. There are many family-friendly restaurants and coffee shops that are a great way to get out of the house for a few hours while not having to deal with the anxiety of being separated from your child (not to mention the hassle of finding a sitter).

But, remember, it’s also good to be away from your child at times as well. Everyone needs a break, and time away will help your child to manage separation anxiety knowing that you will come back.

So when you can, and as your child gets older, be sure to plan some child-free hangout times with your friends. And, be mutually considerate of your friends and if they want to have your child around (or not) during adult time.
Set realistic expectations
It’s important that you know what your limits are. You might not be able to attend every event that you would have back when you didn’t have any children. While it might be difficult to miss out on fun events, you don’t want to stress yourself out by figuring out how to take your child to a say, a loud even like a concert. Likewise, you might have to call that night at the club or bar a bit earlier than the party animal of times past. And that’s a good thing.

Also, hanging out at home can sometimes be a good idea as well. While it’s good to get out, when life gets busy and you’re stressed, having a friend over to watch a movie or just chat is a great way to connect with another adult without having to deal with finding a sitter or lugging your child in and out of car seats.
Make Friends with Other Parents (And Non-Parents, Too)
Having other friends who are parents is definitely important. These friends can be a great support system and you can vent about the frustrations and share in the joys of parenthood with someone that gets it. If you don’t have many other friends who are parents, now is a good time to reach out to playgroups and other events where you can meet others in the same phase of life as you.

But, it’s also good to stay connected with your old friends, whether they have kids or not. Your good friends are going to love your kids, too, and they don’t want to be cut out of your life just because you’ve entered a new phase.

Consider incorporating them into family activities like play dates at the park, movie nights at home or family dinners once a week.
Be a Good Friend in Return
Friendship isn’t a one-way street. While you might need your friends to be understanding as you figure out the ins and outs of being a new parent, you should also be understanding of your friends’ lives as well.

Don’t forget to support them in what they have going on and be understanding that it might be difficult at times as having a new parent can change your availability.

Closing Thoughts

While becoming a parent does change your life in many ways, it’s important to have a social life and keep in touch with your friends. It might not be as simple as it was before children, but there are ways to keep your friendships going as you adjust to being a parent.

For those new parents also dealing with parental issues with their child’s mother or father, Fennell, Briasco, & Associates can help with co-parenting plans, divorce proceedings, visitation, child support and more.

Family Trip Ideas for the Holidays

Wed, 12 Dec 2018 20:23:36 GMT

Holiday songs are playing loudly on the radio and for those of us in northern states, snow is falling faster than prices on Black Friday.

This time of year is an exciting one that many people enjoy, but it can also be hectic and full of many activities. During the holidays, kids are often out of school and parents sometimes have additional time off of work. This makes the holidays a great time to get away for a while and go on a trip.

Below we’ve put together a list of some of the best family vacations to take during the holidays. And, we’ve also included some ideas for having fun holiday family trips when you aren’t able to go too far from home.

Best Winter Family Trips

When school is out, it’s the perfect time to get the family together to make some memories and get away from it all. These trips are ones that the whole family is likely to enjoy. If you’re able to plan a bigger trip this year, you might want to check some of these places out.

We’ve compiled a short list of some of the best family-friendly trips to take during the holiday season.

1: Walt Disney World-Orlando

There are so many theme parks in Orlando which makes this location ideal for a fun-filled trip. Other than Disney world, there is also Universal Studios. Kids of all ages will enjoy these parks. And, if you’re coming from a snowy place, it will be a nice reprieve to enjoy better weather.

2: Disneyland and San Diego

San Diego and Anaheim also have warmer temperatures in the winter. You can take the family to Disneyland to enjoy family-fun and amusement park rides. Also, you can take a visit down to the beach while you’re there or enjoy downtown San Diego when you’re not at Disneyland.

3: Aspen, Colorado

While it’s always a good time to enjoy warmer temperatures during the winter, sometimes you want to embrace that holiday winter feeling. Aspen is perfect for this type of family vacation. You can enjoy the winter wonderland and take the family skiing or even take a quaint horse and carriage ride around downtown Aspen.

4: Hawaii

Sometimes, you just need a tropical getaway. To escape the winter blues, a trip to Hawaii is just the ticket. You’ll be enjoying the beaches and the rich cultural history of Hawaii. You could even have the family try surfing or take everyone for a hike to get some stunning views of the island.

Trips Closer to Home

While everyone loves to get away on a big family trip, it isn’t always possible to do so every year. So, if you want to enjoy quality family time but don’t have the ability or budget to travel across state lines, you can get creative with what is in your area.

Some ideas for family trips that are less expensive include:

1: Explore a nearby city.

You could take a trip to a nearby city, or even your own city, and try out some new things you never have before. You could even get a hotel room for just one night to have the experience of a vacation without all the effort and travel time. Try a new restaurant or new activity with your family and make some memories.

2: Go to a holiday-themed event in your area.

Every city has their own traditions and annual events that go on during the holiday season. You could start a new tradition by finding a new event such as ice skating, a winter market, or whatever else is popular in your area. You can take a day trip that the family will enjoy but that doesn’t take up too much time or spend too much money.

Planning is Key, but most of all, Remember to Appreciate and Enjoy Time with Family

There are so many ways to make family memories during the holiday season. While this time of year can go by in a flash, it’s important to start planning as soon as possible if you want to go on a longer trip. And, if a longer trip isn’t in your plans this year, you can always stick closer to home and still enjoy some quality time with your kids. Sometimes, making memories is more worthwhile than all the presents in the world.

And just in case holiday stress gets the best of some less pleasant members of your family and you find yourself needing a little legal counsel, the team at Fennell, Briasco, and Associates is here to help.

Should You Change Your Name Back After Divorce?

Mon, 12 Nov 2018 20:51:36 GMT

Divorce is a difficult time in any couple’s life. There are decisions that need to be made and changes that need to be accepted. One possible change that is rarely discussed is: should you change your name back after a divorce?

Some people do revert back to their maiden name while others keep their ex-husband’s name until death.

The answer to this question is not easy. Changing your name is not only dependent on the divorce but several other factors. There are certain legal aspects that you must be clear on before you proceed with the name change. First, you need to make sure that your divorce decree provides you with the option to change your name. If it doesn’t, you can always request an amendment. You will need to discuss the process and cost associated with this amendment with a divorce lawyer. Most lawyers would recommend that you make sure your marriage decree offers you the right to change your name back. However, many people don’t even think about this since they don’t intend to be divorced when they are getting married.

So the question is: should you change your name back after divorce?

Consider the following:

First, try to figure out why you want your name changed. Is it because you hate your ex- or because you are an independent woman? If you are just bitter and angry, try some stress-relieving exercise because a name change will not get rid of those feelings. If you want to change your name because you want your family name back or you value your independence, then understand how it can be done and go for it. Just make sure you know your motive for changing the name. And make sure it’s worth the hassle.

Second, there are women with children who are not very keen on changing their name after a divorce because they don’t want to have a different last name . Sometimes having two different last names in one household can lead to confusion. So once again, evaluate whether it is necessary.

Third, for some people, going back to their maiden name can help their career while for others it can just create more headache. For example, if you were married, worked as a doctor and have made a name for yourself in the local community, it would not be wise to change your name at this stage. You still want your patients to recognize you by your old name. However, if your spouse was associated with something bad or if your spouse had a bad reputation which could potentially affect your life and your children’s life, you should change your name as soon as possible. The point is that it completely depends on your circumstances.

Fourth, there are many divorced women who still have their ex’s last name, and they are not bothered by it. It is all a matter of comfort. If your last name does not bother you even if you are no longer married to that person, just leave it as it is. But if you had a troubled relationship or if your partner hurt you in a way that you cannot digest moving forward with their name alongside yours, change it.

Fifth, there are some people who are divorced and want to get their last name changed but are just too lazy or too busy to go to court. Remember, when you change your name, you will have to get the same change made to your driver’s license, your passport, and other important documents. You may also need to make many phone calls to utility companies, change your social media status and so on. All this takes time and effort and in some cases, money. Make sure it’s worth your time and your money.

The fact is that changing your name back after a divorce is a very personal decision. Many factors are at play, but in the end, it is up to you whether you want to do it or not. If you do and if you want to find out how you can do so, talk to one of our lawyers at Fennell, Briasco, & Associates, and we will be happy to assist you.

Tips for Planning a Budget-Friendly Family Trip this Fall

Mon, 27 Aug 2018 20:48:46 GMT

There is no question that vacations can be very expensive for most middle-income families. The two most expensive aspects of any vacation are the airfare and hotel. However, there are strategies that you can use to plan a budget-friendly family trip without putting a big dent on your pocket. All it takes is a proactive approach and some planning ahead of time.

Here are some tips that you can use to plan a budget-friendly family trip this fall.

Prepare

The first thing you should realize is that a vacation is not an emergency and so you should not treat it like one. If you book your flight and hotel at the last minute, you will end up paying a lot more for the same destination and the same room then you would if you prepare ahead of time. If you and your family have a destination in mind, start searching ahead of time (2-3 months ahead of time is generally a good idea). This way you can check out any special deals and promotions, and you can also compare prices. Many resorts offer discounted inclusive package deals for the Fall season, but you need to book in advance if you want to avail the good prices.

Avoid Popular Destinations

We know this is not something most travelers want to hear, but if you want a budgeted vacation, it is generally a good idea to avoid popular destinations. This does not mean you go to some run-down, boring place that has nothing to offer. There are many gems out there that are yet to be discovered. There are yet others that are not that crowded in the Fall. For example, instead of Key West or the Treasure Coast in Florida, you could consider resort areas along the Eastern coast of the Carolinas and Georgia. You will have the same experience, fewer crowds, great weather and the cost will be much less.

Time to travel

Do not travel in summer because this is the peak travel season and everything from airfare to hotels is available at a premium price. The best time to travel is beginning of autumn where you can get great discounts. However the more flexible you are, the more likely that you will be able to get the best discounts and travel packages.

Airbnb : Anyone who travels today for a vacation should be familiar with Airbnb. This global rental agency allows you to pick the place where you want to stay at significantly lower costs than any hotel. You can visit the Airbnb website, pick the place you want to visit, state your budget, and it will list all the places that are available. You get to know the amenities available and also read the reviews. Because most Airbnb rentals also offer a kitchen you can buy your groceries, store them in a fridge and cook whatever you want, again saving more money. Airbnb accommodation rates are much cheaper than hotels, and you can sometimes get very good rates if you’re traveling off-season or on weekdays.

Uber/Lyft : if you do not take your car on vacation, your next best option is to rent. However, these days, car rentals are not cheap. But another economical option that is becoming very popular these days is Uber or Lyft. As long as you do not use this ride-sharing transportation during peak time, you will pay considerably lower than a cab. Plus, you will know the exact price before you even get in the car. This is a definite way to save money, but you will need to download Uber/Lyft app on your mobile phone.

Airlines : The most expensive part of a vacation is the airfare. If you plan to travel as a family, it might be a good idea to look up low-budget carriers and book at least several months in advance. Travel light so you do not pay for excess baggage. The two best days to get relatively cheap fares are Tuesday and Wednesday.

Travel by car : If you have time and love to drive, there is no better way to travel than your car. It is the least stressful way to go on vacation and also the most cost-effective. You can stop along the way at motels and enjoy the countryside. Even though you have to pay for gas, your entire family can travel at one price. With all the hassles associated with airlines, nothing beats a vacation by car, as long as you don’t have to cross the ocean.

Use these strategies and plan your family trip well in advance. That way you will save both time and money.

Email Phishing Scams: Be Aware

Thu, 02 Aug 2018 20:44:27 GMT

Have you ever pressed send on an email and instantly knew you needed to have NOT sent that email? Sometimes, you can feel that way about having clicked on an email you’ve received.

If you’ve ever seen a link and wondered if you should click on it, the answer is simple don’t do it. If you do, you are setting yourself up for a potentially disastrous situation called phishing. Phishing was the cause of such high profile hacks as Sony Pictures, Yahoo, and even the Democratic National Convention. So, here’s what you need to know about how to protect yourself from email phishing scams.

Don’t Click

If you get an email with a hyperlink in it, do not click on the link. Once you click on that seemingly innocuous link, you could be allowing hackers access to your personal email, files, and accounts. One thing you can do is hover over the link and view the address it is actually taking you to. While examining the email, something that should set off alarm bells for you is if the email is not addressed to you personally, but simply contains a generic Dear Custome or To Whom It May Concern.

Check Who the Email is From

If you get one of these phishing scams, there are two possibilities for who they will be from. If it’s someone you don’t know, then you should definitely not click on the link. But phishing scams can come from your friends, neighbors and co-workers. If a hacker gets access to someone’s email account, they can send out these links to anyone in that perso’s list of contacts. If you get a link from someone you know, send them a message and ask them if they meant to send it. If it’s not legitimately from them, they will know that they have to secure their accounts.

Update Your Computer

There are a lot of programs you can install to help protect you. Start with an Internet browser toolbar that will block you from going to phishing sites. If you also update your browser regularly, you can make sure that it has all of the recent patches that will protect you from hackers. Finally, get a virus software program that includes pop-up blockers and firewall protection.

Don’t Get Personal

If you receive an unsolicited email from someone, even someone you know, you should never give out personal information. Any of this can be used to hack into your accounts. No one from Google or Facebook is going to ask you to verify your password in an email, so there should never be a reason to give that information to anyone. Also, avoid Facebook polls that ask you what high school you went to or what street you grew up on. This is usually the security question people choose for their passwords, so you could be giving that info to a hacker who is monitoring your account.

The next time you open up your email, be sure to follow basic steps to protect yourself. Hackers are becoming more and more inventive and you could be opening up yourself, your company, and your clients to these criminals.

5 Summer Safety Tips for Indoor and Outdoor Fun

Tue, 22 May 2018 20:41:37 GMT

Can you already imagine the amazing fun you’ll have this summer lounging by the pool, eating ice-cream with friends in the center of town, hiking, roller skating and playing hide and seek with your kids in the park?

All of these activities make the summer one of the most exciting seasons. While you should definitely be focusing on the fun, a couple of safety considerations are also going to be important. Bug bites, allergies, falls and the intense sun can all lead to issues that can be avoided easily in a few simple steps.

Hydration, Hydration, Hydration

Carried away in a fun and exciting activity, you can easily forget to drink enough water. Dehydration is a serious problem that can have adverse consequences.

A general rule of thumb is to have a sip every 20 minutes (and even more often if you feel thirsty).

Water is perfect if you’re enjoying a leisurely activity like a walk in the part. For more rigorous exercises; running, biking that continues for more than an hour, sightseeing for an entire day, you may want to consider a sports drink that will replenish your electrolytes.

Avoiding a Heat Stroke

A heatstroke is a very serious risk for kids, the elderly and people who spend a lot of time outdoors without safety equipment or accessories. Hydration is one of the things that can be done to reduce the risk but there are other great options.

Avoid intense sunlight, especially in the period from midday to four pm. Stay in the shade if you are going to be outside in this time period. If you’re at the beach, keep your head under the umbrella.

It’s also very important to recognize the signs of a heatstroke. Headaches, dizziness, chills, a rapid heartbeat and a fever can all be signs of trouble. If you experience these symptoms or more severe signs like loss of consciousness, vomiting and disorientation, you should head to a hospital immediately.

In the hot summer days, do your best to wear loose and light clothing, put a hat on and avoid intense physical activity when it’s hottest. Spending time in a parked car is also a big no-no. This is especially true for younger people.

Bugs, Plants and Other Dangers

Nature can be magnificent to explore during the summer. When you’re unprepared, however, nature can also be dangerous.

When going on hikes, choose good supportive shoes and long-sleeved trousers. Many plants can cause skin irritation and rashes (poison ivy being the most prominent example). In addition, some of them have thorns and spikes that will cut your legs if there’s no protective fabric on top.

Bug spray is a must if you plan to spend some time in nature. Mosquitoes, bees, wasps, ants and ticks are some of the potential dangers.

Keep in mind that bee and wasp stings could lead to acute reactions. If you’ve never been stung before you may not know if you’re allergic. An EpiPen is an absolute essential for a nature trip, regardless of the allergy statuses of group members.

Be Responsible When Having Fun in the Water

Cool and enjoyable, water is an important part of the summer beach experience. Unfortunately, water can be deadly if you’re not vigilant and cautious enough.

The sea, lakes and rivers can all cause drowning. Even if you believe that you’re a good swimmer, the power of natural currents can be difficult to overcome on occasions. If you are going to the beach with kids, you should be even more careful. Never let them into the water unsupervised. This applies to kids of all ages and even when they’re playing in the shallow water.

Flotation devices are an excellent choice for kids and for people who can’t swim well. A vest is better than water wings because there’s no risk of slipping off.

Enjoy New Foods in a Safe Way

Are you traveling to new destinations and resorts during the summer? If so, you’ll feel tempted to try the culinary delights these new places have to offer.

Trying local cuisine is an important part of the travel experience. Still, you should exercise some caution when choosing both eateries and meals. Do some online research about venues that are favorites with the tourists. A bigger number of visitors means there will be no stale food at the venue.

Street food can be incredibly delicious but be careful and have some hygienic concerns. Vendors who wear gloves when preparing foods and those who have refrigerated containers are the ones that can offer you the safest treats.

Avoid undercooked and raw items because you’re not used to them and you may have an adverse reaction.

Summer safety doesn’t have to be complicated or overwhelming. There are a few simple rules to stick to. Know your weaknesses, think about the things you plan to be doing and based on this information, you can come up with a personalized safety strategy. Have a great summer!

What Happens to Falsely Accused Fathers?

Mon, 02 Apr 2018 20:39:00 GMT

False allegations of child abuse are serious accusations. If you’re a father who has been falsely accused of child abuse or neglect, you should be aware of what steps to take as well as the process the courts will go through while investigating the allegation.

Georgia Child Protective Services states that the following acts are considered abuse or neglect in the state of Georgia:

Injury to a child under the age of 18 by a parent or guardian resulting in bruises, scarring, fractures or any other internal injuries
The failure of a parent or guardian to provide proper housing, clothing, food, and supervision for a child under the age of 18
Using a child under the age of 18 for sexual gratification

Whether the allegations against you were made out of malice, spite, or a mere misunderstanding, it should be taken very seriously. When a parent has been accused of child abuse or neglect, there are certain things that will happen as the court looks into the allegation. There are also certain steps a father must take when he is falsely accused to ensure that his name is cleared.

If you are a father and have had false accusations made against you, you must take immediate action and seek legal advice the moment you find out about the allegations. If you have been accused of child abuse, you are likely to first receive a visit from social services or even the police.

If you have primary custody of your child, there is a chance that you may temporarily lose custody. If this happens, your child will be placed with a relative, his or her mother, or in foster care; although this only happens in severe circumstances when abuse or neglect is clearly evident.

If you are accused of abuse, a judge will investigate the claim and family protective services will become involved in the case. This can be a troublesome and tiring process, as child protective services will have to speak to and question you, your child, your family, and any other close relatives about your behavior. It is extremely important at this time to show your cooperation. You should also work with your lawyer during this time to collect evidence to show that you have not been abusing your child.

Depending on the severity of the allegation, a judge may suspend your right to visitation or custody until the investigation is complete in the interest of the child’s safety.

If no evidence is found of the alleged accusations, the investigation into the child abuse charges will be closed. The court will rule that the alleged abuse did not take place or that it was unable to be confirmed. In the event that no evidence of child abuse is found, you will regain custody of your child. If a judge finds that the accusation was not true or unfounded, it is possible that he or she may order the parent or person who has made the accusation to pay the accused parent’s lawyer and court fees.

If you are a father and have been falsely accused of abuse or neglect, it is imperative that you seek legal advice immediately and work with family law attorney who has experience with similar cases. Your lawyer will help investigate the allegation, answer any of your questions, build a case, and fight for you so that the truth can come out in a court of law. Contact our family law attorneys at Fennell, Briasco, & Associates today to find out all your options during this difficult time.

Is Getting a Prenup a Good Idea?

Mon, 19 Mar 2018 20:35:56 GMT

If you’re getting married, the idea of a prenup has probably crossed your mind. Deciding whether you want to enter into a prenuptial agreement is a personal decision which may or may not take a toll on your relationship. Prenups are unique because they can be used to protect both spouse’s finances in the event that divorce does occur. There is an ongoing debate in society as to whether or not signing a prenuptial agreement is a good idea, and there seems to be some stigma attached to it. At the end of the day, your decision to sign a prenup depends entirely on your financial status, your spouse’s financial status, and many other contributing factors.

Signing a prenup may be a good idea for you under certain circumstances. Prenups do have benefits depending on your life, your history, and your finances. Some benefits associated with a prenup include:

Protection of premarital assets
Reduced conflict in the event of a divorce
No sharing of debt
Financial security
Limited/no amount of spousal support in the event of a divorce
Allows for open discussion and no financial secrets

Some things you may want to consider if you are considering a prenup are the following:

Do you have children?
Do you earn a high income?
Do you own a business?
Do you own real estate?
Do you own over $50,000 in assets?
Are you the beneficiary of a trust or a future inheritance of a large sum of money or assets?

Prenuptial agreements are meant to protect both parties in the event that a marriage does not work out. It may not be something most couples want to talk about, but it’s important. Whether or not you decide to sign a prenuptial agreement depends on a lot of factors. If you have any pre-marital assets or children who have inheritance rights, it may be a good option for you. Adding to this, if you have your own business or have a high income, you might want to sign a prenuptial agreement to protect your business and your finances if you do go through a divorce.

There are, of course, some negative aspects to signing a prenuptial agreement, some of which include:

If your spouse dies, your prenuptial or premarital agreement may take away your right of inheriting your spouse’s estate
Can be awkward to discuss with partner
If you have low income and get divorced, you will have a major lifestyle change and may not be able to take care of yourself
May create trust issues in marriage

It never hurts to cover your bases. At the end of the day, your decision to sign a prenuptial agreement depends entirely on your lifestyle and many contributing factors like children, premarital assets, finances, a business you worked hard for, and more. It is always good to start a marriage with an understanding of expectations and no financial secrets, which makes a prenup a great idea for anyone who has a lot to lose if they get divorced. The family law attorneys at Fennell, Briasco, & Associates can walk you through your various prenup options and see if it’s the right choice for you. Call us today at 770-479-0248 if you’re engaged to be married and want to weigh out all your options.

How Do Serious Medical Issues of Parents Affect Custody?

Tue, 13 Feb 2018 20:32:15 GMT

Are you about to divorce but suffering from serious medical issues, and worried your condition could cost you child custody? As the official website of the State of Georgia warns, Georgia’s child custody laws are quite intricate. When serious medical issues are involved, the situation becomes even more complicated.

Before filing your child custody petition, you should consult a Georgia family law attorney. They will analyze the specifics of your case, explain your options, and help you identify the best strategy to convince the court that you deserve custody.

When deciding who should have child custody, the court will try to make sure that the decision is in the best interest of the child. In order to do so, they will consider several factors. Getting to know these factors may help you assess your situation, so we will review them in the following lines.

Factors Georgia Courts Takes into Account in Child Custody Cases

When reviewing a parent’s child custody petition, the court considers the following aspects:

The stipulations of Georgia Code Title 19, Chapter 9 : Child Custody Proceedings
The parents’ ability to provide for the child (financial situation, income, employment, etc.)
The child’s age, gender, medical history, and needs in terms of parenting
The parents’ vocation and habits (dangerous hobbies, excessive smoking, drinking, etc.)
The child’s preference when they are old enough to have a saying, usually after 10-12 years of age
The relationship between the child and the parents
The parents’ wishes
The parents’ willingness to support the relationship of the child with the other parent
The impact each custody decision would have on the child (whether the child would need to move to a new home, school, city, etc.)
Accusations brought to either of the parents
The parents’ physical and mental health

Otherwise put, in order to obtain child custody, you need to show the court that your physical and mental health will not prevent you from providing for your child, spending time with them, and offering them the stable home they need and deserve.

How Can You Convince the Court to Give You Child Custody Given Your Medical Issues?

The answer will obviously depend on the specifics of those issues. A Georgia family law attorney will be able to provide the answer you need upon reviewing your medical file and asking you a few questions. Until you consult a lawyer, here are a few ideas on how to prove to the court that you should receive child custody:

Obtaining a doctor’s letter to prove that your medical issues, if treated correspondingly, will not prevent you from living a normal life and looking after your children
Obtaining an employer’s characterization or recommendation, to show that you are a responsible employee and you will have no problem keeping a job and supporting yourself and your children
Providing financial records or proof of income, properties, etc. to show that you have the means to support your children and cover your treatment
Showing that, if you receive custody, the changes to the child’s life will be fewer and easier to adjust to, as compared to a situation where the other parent gets custody
Bringing witnesses to testify to your involvement in the child’s upbringing and education, to prove that you are responsible, reliable, and a positive example for your child
Creating a parenting plan to show that you are aware of your responsibilities and obligations and you can live up to them
Obtaining your relatives’ support to show that your child will grow up surrounded by people who love them and are willing to support you when things get tough
Quoting similar precedent cases that ended with the verdict you are after.

Unfortunately, these strategies seem easier to apply than they really are, and not all parents have the time and energy to follow through with them, especially when suffering from serious medical issues. If you really want child custody, you need to identify the best strategies for your particular case and obtain help with the divorce and child custody proceedings.

At Fennell, Briasco, & Associates, we have helped hundreds of people with divorce and child custody proceedings, and we can help you too. Contact us today to benefit from the advice and representation of an experienced and dedicated Georgia family law attorney who understands what you are going through and will have your best interests at heart.

I’m Getting Divorced after 30 Years of Marriage. Now What?

Mon, 05 Feb 2018 21:10:31 GMT

Going through a divorce can be a very difficult time for anyone, especially if you have been with your spouse for as long as 30 or so years. If you’re wondering what your next steps should be now that you are separating after so many years together, there are certain things you will need to prepare yourself for, including:

How to go about telling your adult children and grandchildren
Handling finances like pensions, a mortgage, and spousal support
Insurance
Living arrangements
Who will be your caregiver as you age
Sources of income

A divorce after three decades means a lot of things to both you and your husband. Your retirement accounts will most likely be divided and you will need to find a way to build it back up if it’s not enough to support you. If you do not have a job and have been out of the workforce for several years, you may worry that it’s too late in life to establish a new career. If you have limited income, there are a few steps to consider, including moving to an area that has a lower cost of living or reducing your lifestyle expenses.

If you are no longer covered under your husband’s insurance, you have the option of signing up for COBRA for 36 months until you find sufficient health coverage for yourself. You will also have to start thinking about what might happen to you in 10, 20, or 30 years. With a spouse no longer there to care for you, you will have to figure out who will provide the support you need when you age. If you’re unsure if you will remarry or have your children take care of you, you will need to start saving for expenses for caregiving in the future.

The period between being served divorce papers and the actual divorce is a tumultuous time for anyone going through a divorce after a long-term marriage. You will require a lot of mental and emotional support to get through it and will also need to know what steps to take and plans to make. This is also an important time to check up on yourself as you deal with the emotions of ending a long-term marriage.

There are going to be lots of different ways you can handle this divorce. The best thing for you to do is deal with the stress in a healthy way. Try to remain on amicable terms with your husband. If that is not possible, speak to each other strictly through your lawyers. There will be lots of things that you and your husband will have to go through and decide on while getting the divorce settled, particularly because of your age and the longevity of your marriage.

Family Dynamics

Your family dynamics will change significantly during this period. Your kids, although adults, will be affected, and so will your grandchildren. You will need to tell your children and answer any questions they might have. Your grandchildren may also have a hard time understanding what is going on and it will be up to you and your children to decide how to tell them. You will also need to work out and arrange how you will see your grandchildren.

Getting a Fresh Start

Divorcing after a long-term marriage is hard. It will take you through an emotional journey which will leave you asking yourself a lot of questions about your future. If you need help or advice about your impending divorce, contact the lawyers at Fennell, Briasco, & Associates today. A divorce late in your life doesn’t have to be a bad thing. If you’re prepared and know what questions to ask and plans to make, you can come out of your divorce a healthier and happier person. Contact a trusted Atlanta divorce lawyer today.

Tips on How to Create a Successful Parenting Plan

Sun, 17 Dec 2017 20:27:30 GMT

During a divorce, many states require that separating parents create a parenting plan. Making a parenting plan can be very intimidating when you are not prepared, or if you are unsure of what goes into it. Let’s begin with the basics: a parenting plan is an official, written document that the parents create according to the agreements that they have made regarding how to raise the children of the marriage.

1. Decide Custody

The very first thing you should do before creating a parenting plan is decide whether custody of the children will be joint or sole. Child custody is a complex area of law and the laws in each state are different. However, generally, custody includes the right to make major decisions about the children’s lives, including decisions about their education, health, religion, extracurricular activities, and personal care.

If you choose to share custody, this may mean you need to decide how to share major decision-making for the children. For example, will your ex-spouse decide education and health decisions, while you decide religion and extracurriculars? Or, will you agree to come to a decision together on all major decision-making areas? Remember, every state law is different, so it is extremely important to check with your specific state custody laws.

Don’t forget about deciding where the child will live. In addition to decision-making rights (i.e. legal custody), parents must also determine physical custody, meaning where the children will live. Physical custody can also be shared or sole.

2. Map Out Very Specific Parenting Time Frames

You must map out exactly when the children will be with you and your ex-spouse, down to the hour. There are many different parenting plans that you can go with; for example, the week on, week off plan or every other weekend plan. Whatever parenting plan you want, you must map out the exact amount of parenting time each parent will have with the child, including begin and end times. Do your research and decide what plan works best for your children.

3. Determine Holidays

This may seem simple, but it can get very complicated. Sure, you have mapped out your basic holidays, such as, Thanksgiving, Christmas, New Years, and Easter, but have you considered other holidays that your family recognizes, such as Super Bowl Sunday? Maybe you have an annual family party that you want to request. You should also consider birthdays. It is very important to do a thorough mental screen of your calendar to determine any days that you may consider a holiday.

Additionally, it is important to define what each holiday means to you. Does Christmas mean Christmas Eve or Christmas day for you? This can create conflict if one parent thought Christmas included Christmas Eve. That is why it is crucial to create beginning and end times for holidays as well.

4. Figure out Vacation Parenting Time

School-aged children will receive vacation time off school, such as winter break, spring break, and summer break. The question you should ask yourself is: will one parent be able to take the children on a vacation during these times? If the answer is yes, then it is very important to request specific vacation times in the parenting plan. Remember, always include a beginning and end time.

5. Create a Transportation Plan

Don’t forget about transportation. The parenting plan must include a transportation plan. How will the children get to and from each parent’s care for visitation and custody exchange? You should also include a backup plan in case someone’s car breaks down or is unavailable for whatever reason.

The process of developing a parenting plan will usually see a great deal of back and forth between the disputing parties, which is why it is so important to enlist a skilled attorney to take your concerns before the Court and ensure all issues are resolved before the final order is declared. Ultimately, your child should be at the center of all decisions you make during the preparation of your parenting plan, just as you will be at the center of all decisions made by Fennell, Briasco, & Associates during our time representing you.

Developing a Relationship with your Adult Child

Sun, 17 Dec 2017 20:21:50 GMT

Developing a relationship with your adult child can be difficult at times, especially if you don’t see eye to eye on everything. The key to success in developing a relationship with your adult child is to always be supportive, treat them like an adult, make an effort to visit them, and try to give them a call at least once a week.

1. Genuinely support your child in every aspect of his or her life

You may not like your child’s job or maybe you don’t approve of your child’s significant other. Whatever the situation is, just be supportive. Say to your child, “as long as you are happy, healthy, and safe, then I am happy for you,” and mean it. This cannot be emphasized enough. There aren’t many worse feelings than when your parents don’t support your life decisions.

For example, if your daughter is a coffee shop barista in Wisconsin and she loves her job, but you want her to be a magazine editor in New York, don’t suggest to her that she needs to get a real job and proceed with constructive criticism. While you may be coming from a good place, chances are that it will only make her angry, sad, and frustrated. Instead, be supportive; encourage her to be the best barista that she can possibly be. Try asking her questions about it to learn why she loves being a barista. Perhaps by learning more about it, you will find a way to genuinely support her.

Of course, on the other hand, if your daughter is a barista and is constantly asking for money and complaining about her job, then that is a different story. Know when to use constructive criticism and when to use genuine support. Here’s the rule of thumb: use support when your child is happy, healthy, and safe.

If you are trying your best to be supportive, but are still doing it through clenched teeth, here are some concepts that may help you understand your child’s life choices:

You grew up in a different era than your child. It is undeniable that people born in the ’60s have a different way of thinking than of those born in the ’90s.
You probably grew up in a different kind of upbringing. This could mean parenting style, the location of the upbringing, the number of siblings, etc.
Your child lives in a different job market than you did when you were their age. The job market now is lot different than it was 20-30 years ago.
Your child’s high school and/or college education experience is probably very different from yours. This may have given your child different ideologies on life and priorities.

2. Treat your adult child with adult respect

Don’t treat them like a baby; give them adult respect. While it may feel like they are still your little baby (and they are, of course), you should still treat your child with the adult respect that you would give any other adult. You may be coming from a good place, but it could come off as condescending to your son or daughter. Nobody likes being told what to do, especially by their parents.

3. Visiting is a two-way street

Make a point to visit your children. Don’t always expect that your kids should come to you. Unless, of course, if you have a physical ailment or personal situation that prevents you from doing so. But, if you are able, you should try to go see your kids in their environment. Whether you live down the block or in a different country, you should visit them, too.

Every adult has obligations and responsibilities, and same goes for your child. It should be a two-way street when it comes to visiting each other. It may feel like your child should always come home to you, but that can get tiring. Your child will appreciate the reciprocated effort of coming to see them, especially if they always come home to you.

Additionally, visiting your kids has other benefits, such as learning more about them and their world. Visiting your child more often will allow you to learn about their daily routine, their job, their friends, their favorite restaurants, their favorite stores, etc. Of course, there are limits to this; you shouldn’t show up to their house every day. Set boundaries with your kids and figure out what is good for everyone.

4. Talk once a week on the phone or via video chat

Nowadays, everyone just texts or emails. It’s easy, quick, and you can respond when it’s convenient for you. However, it’s just so impersonal. So, make your interactions a bit more personal by making a date once a week to call your child. If you want to make it even more personal, try FaceTime (or any video chat platform). With video chats, your interactions are enhanced by actually seeing the person’s facial expressions.

If once a week seems like a lot, think of it this way: even if neither of you have news to share, it allows you to talk about other things you don’t typically talk about. Ordinarily, when you see your child for the first time in a few weeks or months, you are catching up on all the ‘big stuff.’ However, you are probably missing out on the little stuff’ that goes on in their lives. By chatting once a week, you get to learn the little things that happen to them. This helps develop a stronger relationship with your adult child.

For family law matters, call Fennell, Briasco & Associates today. Our experienced family law attorneys are passionate about helping our clients achieve the best possible outcome for their situation. Call our law firm today at (770) 373-5783 for a free consultation.

Landmark Cases in Family Law in the United States

Sun, 17 Dec 2017 11:04:33 GMT

Family law cases in the U.S. typically involve marriage, child custody, and adoption, but they can also involve other more obscure areas, such as the use of contraceptives. The United States Supreme Court rarely hears a case in family law because of the fact-specific nature of family law cases. It is difficult for such a high court to set precedents for cases with so many variables. However, on occasion, the U.S. Supreme Court will agree to hear a family law case, and when they do, it is usually a pivotal point for U.S. law. Here are four landmark cases in family law in the United States.

1. Griswold v. Connecticut (1965) : Contraception and Marital Privacy

This case established the right to contraceptives for married couples and the right to marital privacy. The events leading up to this pivotal Supreme Court case involved the conviction of a Planned Parenthood director and licensed physician for giving a married couple contraceptives. At the time, a Connecticut law made it a crime for any person to use any drug or article to prevent conception. The director and the physician appealed their conviction. When the case finally made it up to the Supreme Court, the Court held that the Connecticut law violated the 14th Amendment of the Constitution.

The Court reasoned that although the Constitution does not specifically state a right to privacy, it implies it. The Court explained that the Connecticut law violated the right of marital privacy which is within the penumbra of the Bill of Rights. The use of contraceptives falls under the umbrella of marital privacy. Therefore, the law was in violation of the Constitution.

2. Loving v. Virginia (1967) : Interracial Marriage

Virginia newlyweds Mildred and Richard Loving had to make the choice between spending one year in jail or facing 25 years in exile from the state of Virginia. The couple was married legally in Washington, D.C., but their marriage was a crime against a Virginia state law that forbade miscegenation (i.e. interracial marriage). Mildred was black and Native American and Richard was white. The United State Supreme Court ruled in favor of the newlyweds, consequently voiding all other state laws against interracial marriage.

3. Roe v. Wade (1973) : Abortion

A woman brought a class action lawsuit against a Texan district attorney, Henry Wade, after being denied an abortion. Once again, under the right of privacy granted by the Bill of Rights, the Supreme Court held that a woman was legally allowed to get an abortion without interference from the state. However, the Court put a limitation on this right by allowing the states to regulate the abortion after the first trimester, and the right to restrict abortions in some cases after viability (i.e. about 23 weeks into the pregnancy).

4. Obergefell v. Hodges (2015) : Same-Sex Marriage

This recent case arose from multiple state laws banning same-sex marriage. Groups of same-sex couples sued state agencies in Kentucky, Michigan, Tennessee, and Ohio to challenge the state bans on gay marriage. In their arguments, same-sex couples asserted the 14th Amendment, and the Equal Protection Clause, along with some claims under the Civil Rights Act. As a result, the U.S. Supreme Court held in favor of same-sex couples. It ruled that same-sex couples are guaranteed the fundamental right to marry under the U.S. Constitution.

As local family law attorneys, we can help solve your legal crisis and give you the answers you need. Whether getting a divorce or facing serious criminal charges, our family law attorneys and criminal defense lawyers will help you with your legal matter. Our experienced attorneys work tirelessly, day in and day out, to help our clients achieve the best possible outcome for their situation. Call our law firm today at (770) 956-4030 for a free consultation.

How are Pets Handled in a Divorce?

Mon, 11 Dec 2017 20:18:36 GMT

Who gets custody of the pets when a couple divorces? This can be as sharp of an issue as child custody for some people. Pets are often viewed as family members, thus, determining custody can be very difficult. The quick answer to how pets are handled in a divorce is that the law treats pets as personal property. Pets will be distributed in the same way a piece of jewelry or furniture would be distributed. Given the callousness of this legal concept, some courts have recently begun to change how pet custody is determined. The new trend in pet custody is to consider a set of factors that consider the well-being of the animal, instead of merely treating the pet as an object. Remember, every jurisdiction is different, so the way a pet is handled in a divorce in New York may be very different from the way it is handled in California.

General Background of Property Division in Divorces

Traditionally, pets are treated as personal property. This means that the judge will treat your pet the same as a piece of furniture or jewelry when deciding who gets the pet in the divorce. There are two main ways that a state splits property: (1) community property (splitting everything 50/50) and (2) equitable distribution (splitting everything fairly).

In both community property states and equitable distribution states, the court will consider whether the property is marital or non-marital. This may differ from state to state, but generally marital property is property acquired during the marriage. Thus, in a community property state, the judge will split the marital property 50/50, and in an equitable distribution state, the judge will split the marital property in a fair way.

Non-marital property is not split up because non-marital property remains with the person who owned it before the marriage. For example, if you owned an expensive watch before the marriage, that watch will probably be considered non-marital property and it will be returned to you in the division of property. Remember, property division is an extremely complex area of the law and this is just a basic rundown of how it works.

How Property Division Applies to Pets

Now that you have an idea of how property division works in a divorce, we can apply the concept to pet custody. First, the pet is considered personal property, just like a watch or a piece of furniture. Second, the pet must be determined as marital or non-marital property. In other words, did you get the pet after you were married or did one of you bring the pet into the marriage The person who had the pet before the marriage is likely to get custody. Another way to determine if the pet is non-marital property is to determine if it was purchased with non-marital funds, but during the marriage. If it was purchased with non-marital funds, it may be considered non-marital and custody may be awarded to the purchaser.

Other Considerations that Factor into Pet Custody: Children and Prenuptial Agreements

It may not be as simple as who bought the pet when determining custody of the animal. The court will also evaluate any prenuptial agreements that discuss ownership rights. If the prenuptial agreement states that ownership of the pet should go to one person and the prenuptial agreement is valid, then the court is likely to uphold such agreement.

Another consideration is children of the divorce. A court will consider the effect of keeping the pet at a different household than the children. If it is in the best interest of the children to keep the pets and the children together, then it is likely that the court will do so.

Visitation of Pets, Shared Custody of Pets, and Alimony Payments of Pets

Remember that every jurisdiction is different and it is important to know your specific state law. With that being said, some courts have allowed visitation of pets, shared custody of a pet (e.g., the pet stays one week with one party, the next week with the other party), and even alimony payments to the pet owners. This is not possible in every court, but just note that it may be an option.

Modern Trend for Pet Custody

The new trend in pet custody is leaning toward a set of factors that takes into consideration the pet/s well-being. In fact, Alaska recently enacted new pet-custody legislation that gives animals rights as living creatures and not just inanimate personal property. These new set of factors tend to look to the best interest of the animal, which is the typical analysis for child custody, as well. Best interests factors include things like, whether the home is suitable for the pet, whether one person was the main caretaker of the pet during the marriage, whether one party has better resources for caring for the pet, etc.

For family law matters, cal Fennell, Briasco, & Associates today. Our experienced family law attorneys are passionate about helping our clients achieve the best possible outcome for their situation. Call our law firm today at (770) 373-5783 for a free consultation.

9 Things You Shouldn’t Do When Getting a Divorce

Mon, 04 Dec 2017 17:12:12 GMT

Fennell, Briasco & Associates understands how devastating it can be going through a divorce. Woodstock family lawyer , Caryn S. Fennell, has handled complex family law cases, and her law firm collectively has over 85 years in professional and legal experience.

Divorce brings up strong emotions, including anger, frustration, loneliness, grief, and sadness. Going through this roller coaster of emotions is completely normal, and it’s okay to feel these emotions fully. In fact, suppressing them can be extremely harmful to both your physical and mental health.

But even as you process your feelings and try to cope with loss, it’s important to not make rash decisions that make things worse and hurt your other relationships. Here are nine things you should try refraining from doing when going through a divorce.

1. Don’t expect a divorce settlement windfall

While it might be hard, don’t have unrealistic settlement expectations. For the main breadwinner, your money will be allocated to child/spousal support and the lower-earning spouse will have to contend with less support than they are accustomed to.

2. Don’t use the kids

Keeping your assets hidden from your spouse is grounds for being held in contempt of court, and you could get sanctioned for it. Some states issue a temporary restraining order that prevents you from amassing huge debt or cashing in on your assets.

3. Don’t attempt to hide assets

4. Don’t continue saving together

If you have a joint bank account and your monthly paycheck goes into that account, immediately cease these processes as soon as you file for the divorce. This will let you keep your subsequent paychecks to facilitate your new single life.

5. Try not to be spiteful

Don’t succumb to administering your own brand of justice, like making a bonfire from the other party’s valuables. Spite can work against you when laid bare in a court of law as it may paint you as unhinged. This is especially so if children are involved.

6. Try not to be surprised by what comes up during the divorce process

Don’t expect to share everything equally just because you bought it together. For example, the pet might go to one spouse, with no visitation rights for the pet.

7. Don’t be public with the divorce process

Serving divorce papers should not be handled in the public domain. Let the other party know in advance that they will be receiving the papers in order to prepare them emotionally. Such consideration can help take the sting out of the process.

8. Don’t be petty

Don’t fight over things neither one of you cares about just to make it difficult for the other person. Sometimes winning is not as important as peace of mind. There are more important things to work out, like custody of the kids and property.

9. Don’t rule out mediators

Trials can be costly, and it’s not just the financial costs that come into play; most people prefer to settle outside the court. Court-certified mediators can eliminate the need for lawyers and help you craft an agreement that is suitable for both spouses.

Divorce often brings up painful feelings, but it still can be an amicable agreement. It’s important to build a strong support system, try to stay objective, and not let emotions affect financial decisions.

Fennell, Briasco, & Associates understands how difficult going through a divorce can be, and can help you through the process. Fennell, Briasco, & Associates is proud to showcase a sample of our family law testimonials. While past results in no way guarantee future outcomes for new clients, we believe an attorney’s past performance is the best predictor of their future performance. If you have questions about getting a divorce, call Fennell, Briasco, & Associates today at (770) 956-4030 for a free consultation.

Statistics and Facts about Millennial Parents

Mon, 27 Nov 2017 20:16:04 GMT

The time has finally come for the Millennial generation to enter parenthood. As of 2015, 53 percent of Millennials already have children. That may sound scary because of the stereotypical image of a Millennial glued to their phone or taking a selfie. Luckily, this narcissistic stereotype is not a reflection of Millennials’ parenting skills, according to statistics. In fact, Millennials are shaping up to be great parents.

Millennials grew up in a time of rapid technological advancement and economic disturbance. This drastic change in environment is one of the reasons why Millennials get married later, buy houses later, and have children later than previous generations. Millennials are also first in place for the highest number of single-mother households and multiracial households. This changing dynamic of Millennial geography is leading to a difference in the way children are raised.

Family statistics about Millennials

The Millennial median marriage age is 30 years old, compared to the baby boomers median marriage age 23 years old.
The Millennial generation is the largest generation by population size in U.S. history! The Millennial population was at 79.8 million in 2016.
Millennials exceed all other generations in the number of households with single mothers.
Millennials also surpass all other generations in the number of multiracial households.
A TIME magazine survey took a poll of more than 2,000 U.S. parents with children under 18 and Millennials were the highest percentage of stay-at-home parents. (Millennial stay-at-home parents: 23.2 percent; Gen X stay-at-home parents: 16 percent; Baby boomers stay-at-home parents: 22 percent)(The Millennial population was 79.8 million in 2016.)
Millennial moms control 85 percent of the household purchases and have a U.S. spending power of $2.4 trillion .
Millennials are often cited as the most socially compassionate generation. Many Millennials will opt to buy a product that benefits a charity over one that does not.
Fifty percent of Millennial parents agree with the statement:I am raising my kids the way I was raised, while 28% disagree and 22% were neutral.
In 2013, a research study revealed that Millennial moms spend about 17 hours per week on social media. I guess they are somewhat living up to their stereotype.

Ways Millennials are Raising Their Kids Differently

Millennials are using the internet for parenting advice

Millennials opt to search online for parenting advice instead of asking family and friends. This leads to high amounts of information for the Millennial parent to process and can often be overwhelming. Additionally, Millennials are less likely to live close to family or become friends with neighbors, so the internet becomes an extremely crucial source of parenting advice.

Millennials are spending more time with their kids

Millennial parents spend more time with their children now than ever before. Even though most Millennial parents are both working, research shows that they are still spending more time with their kids than past generations.

Millennials are drone parenting over helicopter parenting

Millennial parents are no longer ‘helicopter’ parenting, i.e. directing and scheduling for their children, like the baby boomers and Gen X may have done. Instead, Millennials are going with the ‘drone’ approach, meaning the parents are still ‘hovering, but they’re just following their children and responding to their kids’ actions. The ‘drone’ approach allows for more unstructured playtime as compared to the ‘helicopter’ approach which always had a structured/scheduled playtime.

Millennials are teaching their kids to be open-minded

Millennial parents are teaching their children to be open-minded and questioning. These are some of the most important characteristics that Millennials strive to pass on to their children. This is changing the way children are thinking and their approaches to problem-solving. Hopefully, this will lead to the newer generations becoming more empathetic, accepting, and reliable than ever before.

Millennials are using individualized discipline

Millennial parents are doing less spanking and are focusing more on tailored discipline, discipline that is specific to each individual child.

Millennial parents’ top concerns are changing

According to a study done in 2013, Millennial parents’ two biggest concerns are environmental issues and what their kids eat. In fact, 52 percent of Millennials say they closely monitor what their child eats and 64 percent say that the environment has become a top priority now that they are parents.

Millennial Parental Trends

Traveling

Millennial parents are traveling globally with their children more than any other generation. As of 2017, 64 percent of Millennial families have taken at least one international vacation in the past year.

Unique names

Millennial parents are very concerned with giving their children unique names. A TIME magazine study found that 60 percent of Millennial parents want to give their child a unique name, as opposed to only 35 percent of baby boomers and 44 percent of Gen-Xers.

Social media

Unsurprisingly, Millennials are the highest users of social media, given their upbringing in the technological boom. About 90 percent of Millennial parents use social media as compared to 59 percent of baby boomers and 76 percent of Gen-Xers. What is surprising though is that Millennial moms spend about 17 hours per week on social media. That’s basically a part-time job!

For family law matters, call Fennell, Briasco, & Associates today. Our experienced family law attorneys are passionate about helping our clients achieve the best possible outcome for their situation.

How Parents Can Balance Work & Family When Both Work

Mon, 20 Nov 2017 14:08:59 GMT

Over the past several decades, the number of two-parent households where both parents work full-time has increased significantly, up to 46 percent (up from 31 percent in 1970, according to Pew Research Center .)

While double-income parenting comes with a lot of benefits, especially after the Great Recession, such as less financial stress and more stability, it also comes with its fair share of family stress. How do you find time to make it to your child’s basketball game or recital when you constantly have to work late? How can you make sure you and your spouse share household tasks equally? And what do you do when your kid is sick and don’t have any more days you can take off?

The 2015 Pew study found that 4 out of 10 working moms always feel rushed. Leisure time isn’t even an option too. “6 out of 10 say they don’t have enough time away from their children to get together with friends or to pursue hobbies and other interests.”

Balancing work and family can seem like a herculean task at times, but it can be done, at least somewhat. Here are a few tips to help manage the stress, and joys, of work and parenting when both parents work.

1. The right childcare

Choosing the right childcare for both you and your child can give you more flexibility in your schedule. There are plenty of options available, such as before or after-school daycare. Adjusting to the daycare environment can be difficult at first for your child, and so it’s important to help your child with the process. For instance, help your child settle in, start a goodbye routine, validate his or her feelings, and give your child something to look forward to at home.

2. Division of labor

Try finding time to sit down your partner to assess each other’s work schedules and plan out the week. Figure out who should do which chores that week based on availability, and find a good balance of work between the two of you.

3. Be realistic

Honesty is the best policy when it comes to dealing with deadlines and important assignments at work. Successful communication with your supervisor is key when it comes to letting them know about the time you will take to finish any given project, rather than stressing over it and letting your family life suffer in the process. Be reasonable with your estimations and find a healthy equilibrium of professional goals and family time.

4. Quality family time

Despite how busy it could get for the both of you, it’s important to have assigned family hours. Make sure you spend a certain part of the day together and find time to talk, catch up, and listen to each other. Try to eat your meals together as a family at least once a day and make special weekend plans, such as going to the movies or cooking together.

5. Make time for your partner

While it is important to be together as a family, it is equally important to find time for your partner. Show that you care, through everyday gestures or anniversary dinners and birthday celebrations.

6. Reflect on your priorities

Think about your goals and possibly reset them, keeping the needs of your family in mind. Having a family is certainly no reason to hold back on professional ambition, but it might need a little planning between you and your partner so your neither your career or family suffers. Talk to each other, discuss your career goals, and complement your plans around the requirements of your family.

7. Know your limits

There will be times when the shuffling between work and home will get too exhausting. It is important that you are honest with yourself and know where to draw the line.

8. Find time for yourself

Make it a point to find time for yourself. Be it exercising, reading or playing an instrument, taking a break from both work and family to enjoy something you like is very important for your mental health. Having time for yourself is crucial for all aspects of family, work, and your relationship with your partner.

For family law matters, call Fennell, Briasco, & Associates today. Our experienced family law attorneys are passionate about helping our clients achieve the best possible outcome for their situation. Call our law firm today at (770) 373-5783 for a free consultation.

8 Tips for Raising a Daughter as a Single Dad

Wed, 08 Nov 2017 20:05:07 GMT

Raising children is no easy task, and it can be more daunting when you’re raising a daughter as a single dad. Without the emotional assistance of another partner, it can be challenging to navigate the complex emotions, social situations, and changes your child goes through.

According to Pew Research Center, “the number of single father households has increased about ninefold since 1960, from less than 300,000 to more than 2.6 million in 2011.” The term single father covers a variety of family circumstances according to the Pew study, about half are separated, divorced, widowed or never married and are living without a cohabiting partner; about 40 percent are living with a non-marital partner, and 7 percent are married but living apart from their spouse.

While being a single dad may seem overwhelming at first, the rewards of a lifelong relationship of love and trust with your child is completely unparalleled. Here are a few tips for single dads:

1. Be approachable

From bullies, schoolwork, to physical changes, growing up is hard. Your child needs someone to talk to for guidance and support. It’s important to keep the lines of communication open from the start. Assuring her that you are there for her and ready to help her through conflicts of any kind is key to successful communication. Be completely accessible for her to bring any topic of discussion to you, without any awkwardness or discomfort.

2. Good listening skills

It’s important to find time to talk and listen to each other. Be open to talking about all emotions, including anger, frustration, and anxiety, and pay attention to your child’s body language for nonverbal messages. By listening to them, you’re showing that they’re worthy of your attention, their views and feelings are valid, and that you trust their ability to solve problems.

3. An honest approach

It isn’t easy to address issues of hormonal and emotional metamorphoses that girls go through but an honest, easy going approach is possibly the best way to go. Talk to her about her physical and emotional discomfort that certain phases of her life might bring, and be honest about discussing the why and how of it.

4. Be involved in her life

Getting to know about your child’s likes and dislikes, hobbies, and friends will go a long way in building the foundations of a healthy relationship. Ask about her favorite authors, bands and other activities that she enjoys. Meeting her friends and spending some time with them will also be beneficial in building bridges of communication.

5. Let go a little

It is natural for fathers to be slightly overprotective of their little daughter, but trying to be more protective only leads to friction and rebellion. Let your daughter have her space and respect her need for privacy, while building a bond of mutual trust and dependability.

6. Encourage her

Fathers play a huge role in developing a child’s sense of self-esteem right from her early days. Encourage her often, praise her on little successes, and support her during her failures. Your approval in her life is very important, and while going overboard with compliments is not ideal either, encouraging her to pursue her interests and goals is crucial.

7. Establish a strong support system for your daughter

Raising your daughter as a single dad does not mean that you have to do it completely on your own. Seek assistance from your family and build a strong support system for your daughter outside of yourself, such as other female relatives in the family who could relate to the changes she’s going through.

8. Boost your child’s confidence

With the constant pressures of social media, young girls, as well as boys, are constantly comparing themselves to their peers. Boost her confidence, build a positive body image, and help her through those phases, especially that of puberty when her body undergoes major changes. Be a strong role model and applaud your daughter on her strengths.

5 Ways to Create Family Bonding Time

Mon, 18 Sep 2017 22:35:14 GMT

With the school year and extracurriculars in full swing and homework piling up, it can be hard finding a free moment to catch up with your kids, let alone go on a day trip with the whole family. However, family bonding doesn't have to involve long weekends at Six Flags or expensive trips to vacation spots. You can find fun activities to do in your own town from going to a local sporting event, going to the zoo, visiting a historic area where you live, going hiking, to just taking a stroll through your town after dinner.

Just finding a few hours to spend time together can make a big difference. Here are five more ideas to create quality family bonding time:

Volunteer at your child's school, church, or extracurricular activities
This is a great way to get to know what your child is doing on a day-to-day basis. By volunteering, you can also get to know your child's teachers and peers. Getting involved with school or after-school activities also lets you connect with your child in the future by asking them specific questions you would not have known about before.
Bonding over food
Here are three ways you can turn a meal into a family bonding experience:

Cooking nights. Make it fun by allowing each child to choose a recipe out of a cookbook that you approve of. You could let each child choose a recipe on certain days of the week. (e.g. child #1 gets Mondays and Fridays, child #2 gets Tuesdays and Thursdays, and Parent gets Wednesdays and weekends.)

Simply eat dinner together as many days a week as you can. As a conversation starter, you could ask everyone at the table what was the highlight of their day and what they're looking forward to that week.

Restaurant nights. Restaurant night can be a weekly or monthly activity. Just like cooking nights, you could let one child pick the restaurant one week, a different child choose the next week, and so on.
Create family traditions
Family traditions create wonderful memories and activities to look forward to. Family traditions can be made during holidays, birthdays, and certain days in the year. Some fun family traditions could be:
- Special Saturday/Sunday morning breakfast;
- Pizza night every (insert any day of the week here);
- Block parties
- Pumpkin carving
- Decorating for the holidays, like Thanksgiving or Christmas
- Going to favorite restaurants for birthdays
Staycation at an Airbnb or hotel near you
Staycations can be just as fun, fulfilling, and memorable as going on vacations out of the state. You could rent out an Airbnb or go to a hotel close to home for a night or two. You could choose an Airbnb that has amenities that your home doesn't have, such as a hot tub, pool, basketball hoop, or pool table. Ask your kids for input on where they want to stay. There are tons of cheap options on
Airbnb (or HomeAway); the earlier you book in advance, the cheaper!
Start a new hobby together
From cooking to coloring in coloring books, hobbies can be fun and therapeutic activities. They can be a great opportunity to catch up with your family, create long-lasting memories, and discover new talents.

Here are a few ideas of free or cheap hobbies to start with your family:

Journaling: make a nighttime ritual of writing in journals with your little one. Allow them to pick out a brand-new journal to write in and maybe some new colorful pens to make it a little more fun. (Maybe this could be your new family tradition.)

Coloring: Coloring has many benefits, from reducing stress, giving you a creative outlet to express yourself, and providing an opportunity to unplug from technology. You can find adult coloring books and children/teenager coloring books for any gender and age on Amazon.

Cooking (see #2 Bonding over food above)

Yoga: Keep an open mind and give it a try! There are hundreds of free online YouTube videos for people of all ages and levels. Try Yoga with Adriene for beginners or this fun and silly family yoga challenge .

Arts and Crafts: This speaks for itself. Head over to Hobby Lobby or Michael's and grab some supplies to create anything your heart desires!

What to Expect at A Child Custody Court Hearing

Mon, 18 Sep 2017 20:01:34 GMT

Court hearings can be quite intimidating, particularly when you are not sure what to expect and when the custody of your child is at stake. At a child custody hearing, a judge will decide who the child primarily lives with, who makes the child’s major life decisions about health, religion, and education, the visitation schedule for the non-custodial parent, and grandparent visitation.

The experienced family law attorneys at Fennell, Briasco, & Associates can help you with your child custody case in court. Here are a few important things to know about child custody hearings.

1. Preparing for the hearing

Before your hearing, you must create a parenting plan. If you and your ex-spouse cannot agree on a parenting plan, then you each should submit separate plans. After deliberation of both submitted plans, the judge will enter a final parenting plan order.

A parenting plan should outline a parenting schedule for each day of the year, how the child will spend holidays and vacations, transportation arrangements, drop-off points, and how the parent plans on contacting the child while in the other parent’s care.

One more way you can prepare for the hearing is to dress professionally. You do not need to wear a suit, but try to dress business-casual. It lets the judge know that you are taking this seriously and have respect for the court.

2. Duration of hearing

Custody hearings tend to be very short. Most hearings will take less than two hours. The length of the hearing will depend on how many issues there are in your case. If you only have one small issue to work out, the hearing could be as quick as 20 minutes. Also, it is possible that there will be other people in the courtroom waiting for their hearings. This could push back your hearing and it may not start on time.

3. What will happen at the hearing?

At the initial custody hearing, both parents will have to testify in front of the judge about their custody proposals. The judge may ask you specific questions to help better her understanding of your case, and/or to help her decide the best interests of your child. It is important that you only answer the question the judge asks you. It is against court etiquette to answer her question with an unrelated matter.

4. Judge’s decision and applicable law

The judge’s legal analysis is to decide custody based on your child’s best interests. ‘Best interest’ is a very specific legal standard that the judge must use as a guideline in determining custody. It also means that most of the judge’s questions will be framed around those legal factors that determine a child’s best interest. Child custody best interest factors include, but are not limited to:

The child’s relationship with each parent
The relationship the child has with siblings (including step or half-siblings),
The capacity of a parent to give the child affection and day to daycare,
Each parent’s familiarity of child’s needs,
The home environment of each parent,
The importance of continuity in the child’s life,
The stability of each parent,
The mental and physical health of each parent,
Each parent’s employment schedule,
and more.

Click here to see a full list of the best interest factors for child custody in Georgia.

After hearing both parents’ sides, the judge must decide on a visitation schedule for the non-custodial parent and grandparents, physical custody, and legal custody. Physical custody is who the child primarily lives with. Legal custody is the right to make major life decisions for the child, such as decisions regarding the child’s health, religion, and education. Both physical and legal custody can be either shared (a.k.a. joint) or sole.

Fennell, Briasco, & Associates has decades of experience in family law and has worked extensively on custody and visitation cases. We vow to keep the welfare of the child at the heart of every decision we make and will guide each client toward a ruling that is beneficial for them and their family. If you’re looking for experienced and compassionate legal representation in Georgia, contact Fennell, Briasco, & Associates today for a free consultation at 770-479-0248 .

Nurturing your Child’s Budding Interests

Mon, 18 Sep 2017 18:41:27 GMT

Childhood is a crucial time to develop interests and find what you’re passionate about. That’s why it’s so important for parents to nurture their child’s budding interests. Here are a few tips on doing that.

First, determine what kind of environment your child thrives in. Does she enjoy being in a group setting or a solo environment? (Or maybe she enjoys both!) If your child gets anxious or bored during team or group activities, then maybe solo activities are the way to go. On the other hand, if your child doesn’t show any enthusiasm during solo activities, then maybe group settings would be better.

Second, after you figure out the atmosphere that your child flourishes in, you can provide opportunities for him or her to explore those areas. You can do this through structured or unstructured activities. Unstructured activities include riding bikes, rollerblading, skateboarding, fishing, and more! Even simply sitting under a tree reading a book can light all the passion in the world for your little one.

For those who thrive in a solo environment, here are some ideas for structured activities:

Art classes (drawing, painting, sculpting, acting, etc.)
Music classes (musical instruments or singing lessons)
Horseback riding
Ice skating
Tennis
Track
Gymnastics
Swimming
(Note: while some of these activities may partially take place in a group setting, much of the time is spent alone when practicing)

For the child that prospers in a group environment, here are some group structured activities to offer him/her:

Sports teams, such as soccer, swimming, basketball, gymnastics, dance, and volleyball
Choir
Dance team
Theatre troupe
Camps for specific interests (i.e. basketball camps, science camps, theatre camps, and many more)

Additionally, here are some other structured interests you can introduce to your child:

Learning languages (sign language, Spanish, German, French)
Chess (or other games)
Science/math

Maybe your child’s interest doesn’t have a correlating activity that you can sign them up for right now, and that’s okay! You can still nurture your child’s interest by taking them to events and places that relate to their interest. For example, if your child loves firetrucks, you can take them to a fire station and/or buy them firetruck books. Maybe one day he or she will become a firetruck engineer or a firefighter, all because you cultivated a budding childhood interest.

If your child does not show interest in anything specific, try taking him or her to different events or places to awaken a passion or two.

Here are some ideas:

Local talent show,
Professional, college, or high school sporting event (e.g. gymnast meet, football/soccer/volleyball/basketball game, wrestling match, tennis match, and so on),
Local dance shows,
Different types of concerts (local church choir concert, high school band concert, famous pop/rock star concert, professional jazz concert, etc.),
Horse farm (for horseback riding),
Aquarium,
and so forth.

The options are endless. Get creative with your ideas. Remember, not every kid is into art or sports, and your child’s interest could be anything from firetrucks to fish! If you ask your child what they like and he or she is unsure, try presenting them with a list of ideas to choose from.

Finally, and most importantly, give your child the confidence to get out there and explore their interests. A lack of confidence may be holding your child back from realizing his or her dreams. Build confidence by loving your child, giving praise and encouragement, practicing positive self-love, and teaching them to be independent.

10 Ways to Reduce Single-Parent Stress

Mon, 18 Sep 2017 12:38:27 GMT

Being a parent is a fulfilling and rewarding experience, but that doesn’t mean it doesn’t come with its fair share of stress. From driving your kids to and from school, extracurriculars, and doctor’s appointments to making dinner and cleaning up the house, sometimes it can feel like you never have time for yourself to de-stress. And if you’re a single-parent, this stress can be even more overwhelming. Here are 10 ways you can reduce your stress, such as reaching out to your support system to picking up a new hobby.

1. Don’t be afraid to ask for help

If you need help, ask for it! Ask friends, family, or the local single-parent support group. There are so many caring people in the world that want to help. Trying to do everything alone can be self-defeating. To find local or online support groups, start by Googling your community name and single parent support groups to see what is available.

2. De-clutter and de-stress your living space

Everyone talks about retail therapy, massage therapy, and regular therapy, but no one talks about de-cluttering therapy. It’s truly therapeutic to throw away garbage bags filled with accumulated stuff that you haven’t used in years. Go through your closet, your cabinets, your basement, and/or your kids’ rooms. Throw away anything that you haven’t used in 1-3 years. Letting go of the things that don’t serve you can relieve major tension in your life. Consider donating these unused items to Goodwill or The Salvation Army. A good deed and a good de-clutter session will make you feel great.

3. Deep clean and organize

Put some music on, pour yourself a glass of wine, and deep clean your house. If that’s too much, try organizing. Put away that random pile of papers on your table, throw away the old food in the fridge and pantry, tidy up the kids’ rooms, and re-arrange your closet. Maybe even buy (or make) a fresh, new calendar to put on the wall. Then, write down everything you have planned for the next two months to help you feel extra-organized.

4. Pick up a new hobby that you can do with your kids

Easier said than done, but keep an open mind. It could be the stress reliever your family needs: creating quality bonding time for you and your child while simultaneously de-stressing. Here are some ideas of free or cheap hobbies you and your little one (or big one) can start:

Yoga: There are plenty of free online videos. Check out Yoga with Adriene on YouTube. She has beginner videos, children’s videos, stress reliever videos, tight lower back videos, stretches for neck, etc.
Cooking: Let your kids pick the meals out of a cookbook that you approve of. Give each child a day of the week to pick what the family is cooking that night, and then have everyone get involved.
Coloring: Believe it or not, there are so many great adult coloring books available online and in bookstores. Try searching ‘adult coloring books’ on Amazon.
Journaling: Journaling is therapeutic for both children and parents. You can make it your nighttime ritual to journal together and sip on some chamomile tea while you write.

5. Unplug from technology

Challenge yourself to a half day (or a full day if you’re really adventurous) without using your phone. If this is too difficult with work, try doing it on the weekend. Work your way up to one full day without technology. This will help you re-focus and clear your head. Maybe make it a habit of unplugging once a week to reset.

6. Feng shui your stress away

You can try to turn moving furniture around into an activity with your children (depending on their age) by giving them some responsibility in deciding where to put the furniture. Try asking for their opinion to let them feel needed. If that doesn’t work, check out this feng shui article to get started with the stress relieving process.

7. Get. Sleep.

You’ve probably heard this one a million times. A full night’s sleep is so important for managing stress. According to the American Psychological Association, adults who sleep fewer than 8 hours a night will have higher stress levels than those who sleep at least 8 hours a night. So, when it’s time to go to bed, actually go to bed. Don’t watch TV or scroll on Facebook.

8. Nutrition

It doesn’t have to be complicated and expensive. You don’t need a celebrity chef to whip you up a magical, green smoothie every morning. All you need to do is incorporate fruits and veggies into every meal throughout the day. To feel your best and less stressed, you need nutrients. Remember, it’s okay to have pancakes for breakfast or pizza for dinner, but only in moderation. And when you do eat those pancakes, make sure you throw in an apple or banana, too. Not only will you be getting the vitamins you need to ultimately reduce stress, but you will also feel fuller and end up eating less junk.

9. You knew it was coming exercise

Even 10 minutes of stretching is better than nothing. The goal is to break a sweat six days a week, but it’s okay if all you can manage is once a week (one > zero). You can break a sweat by doing anything you want: walking, running, lifting weights, swimming, etc. If you don’t have a gym, you can still work out at home with no equipment. There are hundreds of free online workout videos. Fitnessblender is an excellent no-equipment workout channel on YouTube for all levels.

10. Meditation

You’ve probably heard it before: meditate for stress relief, but have you ever really tried it? Challenge yourself to meditate every day for one week. If you hate it after one week, then you never have to do it again! But at least give it a chance. Try this free 10 minute guided meditation video .

September 2017 Product Recalls of the Month

Wed, 06 Sep 2017 22:29:31 GMT

Home Depot pays $5.7 million for selling recalled dehumidifiers and other products-Home Depot has agreed to pay a $5.7 million civil penalty for selling and distributing thousands of recalled products, including dehumidifiers, fire extinguishers, and washing machines. The U.S. Consumer Product Safety Commission says the company agreed to settle charges that it sold or distributed the products between Aug. 2012 and Nov. 2016. It is against federal law to sell products that are subject to a recall that has been announced by the CPSC.

CPSC Recalls Baby Stacking Toys-The U.S. Consumer Product Safety Commission (CPSC) has issued an official recall for Disney-licensed itty bitty, baby plush stacking toys imported and sold by Hallmark Marketing Company LLC, of Kansas City, MO. The toys have fabric hats and bows that can detach, posing a choking hazard. Hallmark has received one report of a bow detaching, though no injuries have yet been reported.

Abbott Pacemaker Recall:

465,000 Devices Vulnerable to Possible Hacking-A manufacturer of pacemakers has issued a voluntary recall over the possibility the devices could be hacked. The 465,000 Abbott pacemakers covered by the recall will be updated with new software to correct the vulnerabilities, according to NBC New York. Without the update, hackers could potentially take over the devices, which help regulate patients' heart rates. Abbott pacemakers including the Accent, Anthem, Accent MRI, Accent ST, Assurity, and Allure are included in the recall. Abbott was formerly known as St. Jude Medical.

Amazon Pulls Recalled I.M Healthy Nut Butter for E. Coli -
Earlier this week, Amazon.com was still selling I.M. Healthy soy nut butter that was recalled in March when federal officials traced an E. coli outbreak to the product. No one from Seattle-based Amazon immediately responded to mid-morning requests for comment from Food Safety News, but by 11 a.m. Pacific time, the recalled peanut butter substitute had been pulled from the retailer's website. Officials with the Food and Drug Administration are investigating the situation but were not able to provide details.

Ameriwood Home Recalls Chest of Drawers
Due to Tip-Over and Entrapment Hazards-The recalled chests of drawers are unstable if they are not anchored to the wall, posing serious tip-over and entrapment hazards that can result in death or injuries to children. The chests do not comply with the performance requirements of the U.S. voluntary industry standard (ASTM F2057-14). Consumers should immediately stop using any recalled chest that is not properly anchored to the wall and place it in an area that children cannot access. Contact Ameriwood for a free repair kit that includes a wall anchoring device and feet for the unit. Consumers who require additional installation guidance should contact Ameriwood for further assistance.

PharMEDium Services LLC has initiated a voluntary recall to the hospital/user level of all unexpired lots of oxytocin compounded with lactated Ringer's or lactated Ringer's and dextrose products manufactured between July 6, 2017, and August 29, 2017. According to the company, laboratory test results suggest a lower-than-expected potency on certain lots of oxytocin compounded with lactated Ringer's alone or with dextrose, which would lead to a lower dose being administered.

For family law matters, call Fennell, Briasco, & Associates today. Our experienced Woodstock family law attorneys are passionate about helping our clients achieve the best possible outcome for their situation.

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Navigating Parental Rights in the Military: Challenges for Service Members

The Legal Complexities of Military Custody

How Deployments and Relocations Impact Custody

The Servicemembers Civil Relief Act (SCRA)

Custody Modifications for Military Parents

The Emotional Aspects of Military Parenting

The Strain of Long Separations

The Challenges of Co-Parenting

Unique Challenges for Military Fathers and Mothers

Military Father's Rights in Divorce

Military Mother's Rights in Divorce

Solutions and Support for Military Parents

Create a Flexible and Detailed Parenting Plan

Find Legal Support and Resources

Protect Your Rights and Your Family

How the Team at FBA Law Firm Can Help

FAQs

Protecting Fathers' Rights in Divorce: Overcoming Challenges

Demonstrate Your Active and Consistent Parenting

Document Everything

Gather Supporting Evidence

Involve Witnesses

Address Potential Bias in Court

Understand Modern Legal Standards

Hire Experienced Legal Counsel

Challenge Assumptions with Evidence

Advocate for Your Rights and Your Child's Needs

Focus on Stability and Nurturing

Center Your Arguments on the Child

Take Proactive Steps to Protect Your Family

How the Team at FBA Law Firm Can Help

Little Known Facts About Fathers' Rights in Divorce

FAQs

2026 Child Support Law Changes in Georgia: What Parents Need to Know

Mandatory Parenting Time Adjustment

Increased Income Threshold for High-Income Families

Mandatory Low-Income Adjustment

Inclusion of VA Disability Benefits in Child Support

How The Team at FBA Law Firm Can Help

Prepare for the Future of Child Support in Georgia

Frequently Asked Questions

Adult Adoptions

How Does Adult Adoption Differ from Child Adoption?

Legal Distinctions

Emotional and Social Implications

Who Can Adopt an Adult and Who Can Be Adopted?

What are the Common Reasons for Adult Adoption?

What is the Legal Process for Adult Adoption?

How Does Adult Adoption Impact Existing Family Relationships?

Emotional Dynamics within the Family

Legal Implications for Biological Family Members

Reach out for FBA Law for Assistance with Adult Adoption

Table of Contents

What are adult adoptions? ﻿

Alimony

Who is Eligible for Alimony

Financial Need and Ability to Pay

Duration of the Marriage

Age and Health of the Spouses

State Laws and Individual Circumstances

How is Alimony Calculated?

Length of the Marriage

Table of Contents

Income and Earnings of Both Parties

Standard of Living During the Marriage

Contributions to the Marriage

Financial Needs and Obligations

Case-by-Case Approach

Different Types of Alimony

Temporary Alimony

Rehabilitative Alimony

Permanent Alimony

Periodic Alimony

Lump-Sum Alimony

Learn More About Alimony with FBA Law

What is alimony?

Annulment

Brief Overview of Grounds for Annulment

Legal Process and Duration of Annulments

What are adult adoptions?