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This article is intended for educational purposes only and is not intended, nor should be construed to provide legal advice. Though some probate lawyers and internet sources suggest that probate is a difficult and expensive process and should be avoided if possible, those are misconceptions that oftentimes prove to be inaccurate. The probate process is relatively simple, assuming there is…
This is a question we are confronted with on a regular basis. This issue arises in cases involving the Division of Family and Children’s Services (DFACS), involvement with school counselors, involvement with psychiatrists or psychologists or can arise from unexpected trips to the hospital or physician’s office. If you suspect that your child is being physically or emotionally abused, you…
This article is intended for educational purposes only and is not intended, nor should be construed to provide legal advice. My ex-husband and I were recently involved in a contempt action in which the Court modified both legal custody and visitation. Can a Court modify legal custody in a contempt action? The Trial Court cannot modify legal custody in a…
This article is intended for educational purposes only and is not intended, nor should be construed to provide legal advice. Prenuptial Agreements are becoming more common in divorce practice, especially with the number of blended families and second marriages increasing with today’s modern social standards. Prenuptial Agreements are generally enforceable in Georgia, unless it can be shown that: (1) The…
Pursuant to O.C.G.A. § 19-9-3, (5)-(6), in all custody cases in which the child has reached the age of 14 years, the child shall have the right to select the parent with whom he or she desires to live. The child’s selection for purposes of custody shall be presumptive unless the parent so selected is determined not to be in…
Bob, I slipped on some liquid inside a retail store last week and hurt my back. Now my doctor says I’ll need surgery and will have to miss work to recover. This has turned into a painful and very expensive ordeal. Do I have a claim against the store? Possibly. Stores have a duty to keep their premises safe for…
This article is intended for educational purposes only and is not intended, nor should be construed to provide legal advice. In order to qualify to file under Chapter 7 of the U.S. Bankruptcy Code, Debtors must first pass the Means Test, which is set forth on Form 22 of the official Chapter 7 Petition. Many Debtors considering filing for bankruptcy…
Being a lawyer practicing in the area of family law, we deal quite a bit with the appointment of a Guardian Ad Litem. This term may be foreign to anyone facing a difficult custody battle, but it is important to know the role a guardian plays in our Court system. Guardians are appointed by the Court upon the request of…
In today’s digital society, huge amounts of information are constantly transferred electronically at speeds which were once thought to be impossible. In a domestic matter, this type of information, including information from text messages, e-mails, and social networking mediums such as Facebook, could provide a tremendous amount of evidence in a case. However, preserving this information can be difficult, especially…
Bob, I am recently divorced, and the final verdict and decree says that I need to pay child support until my children complete their secondary education. What does “secondary education” mean? While the Georgia statutes on child support do not explicitly define what “secondary education” means, the courts have interpreted it as a high school education. Generally: •- Primary Education…