Cobb County Child Custody Lawyer Shares A Children’s Bill of Rights

Cobb County Child Custody Lawyer Shares A Children’s Bill of Rights

As a Cobb County divorce and child custody attorney, I see all too often that the parents going through a divorce or custody fight forget how the divorce affects their children. The American Academy of Matrimonial Lawyers publishes the following article on its website:

cobb county child custody lawyer

CHILDREN’S BILL OF RIGHTS
WHEN PARENTS ARE NOT TOGETHER

Every kid has rights, particularly when mom and dad are splitting up. Below are some things parents shouldn’t forget — and kids shouldn’t let them — when the family is in the midst of a break-up.

You have the right to love both your parents. You also have the right to be loved by both of them. That means you shouldn’t feel guilty about wanting to see your dad or your mom at any time. It’s important for you to have both parents in your life, particularly during difficult times such as a break-up of your parents.

You do not have to choose one parent over the other. If you have an opinion about which parent you want to live with, let it be known. But nobody can force you to make that choice. If your parents can’t work it out, a judge may make the decision for them.

You’re entitled to all the feelings you’re having. Don’t be embarrassed by what you’re feeling. It is scary when your parents break up, and you’re allowed to be scared. Or angry. Or sad. Or whatever.

You have the right to be in a safe environment. This means that nobody is allowed to put you in danger, either physically or emotionally. If one of your parents is hurting you, tell someone — either your other parent or a trusted adult like a teacher.

You don’t belong in the middle of your parents’ break-up. Sometimes your parents may get so caught up in their own problems that they forget that you’re just a kid, and that you can’t handle their adult worries. If they start putting you in the middle of their dispute, remind them that it’s their fight, not yours.

Grandparents, aunts, uncles and cousins are still part of your life. Even if you’re living with one parent, you can still see relatives on your other parent’s side. You’ll always be a part of their lives, even if your parents aren’t together anymore.

You have the right to be a child. Kids shouldn’t worry about adult problems. Concentrate on your school work, your friends, activities, etc. Your mom and dad just need your love. They can handle the rest.

IT IS NOT YOUR FAULT AND DON’T BLAME YOURSELF.

SOURCE: American Academy of Matrimonial Lawyers

Georgia Prenuptial Agreement FAQ

What is a prenuptial agreement?
A prenuptial agreement is a contract entered into by two people who are to be married. The purpose of a Prenuptial Agreement is to set forth certain rights for each party in the event of a divorce. Sometimes provisions for property distribution upon death are included, but such provisions are better placed in a Last Will and Testament.

Why do people get prenuptial agreements?
The most common reason for a Prenuptial Agreement is to protect property that one or both parties owned before the marriage from becoming divided upon divorce.

What is an "antenuptial agreement" or a "premarital agreement"?
These are all synonyms for a Prenuptial Agreement. They all refer to the same concept, the same type of document.

Can I sign a prenuptial or post-nuptial agreement after I get married?
Yes. It would be called a "Post-Nuptial Agreement" and Georgia law does currently recognize such documents.

Does everyone getting married need a Prenuptial Agreement?
Prenuptial agreements are not for everyone. Prenuptial Agreements are generally utilized by parties who have considerable assets prior to the marriage and want to keep those assets separate or those who have been through a divorce and want to minimize the cost and time if they unfortunately go through another divorce. Without a prenuptial agreement, it is possible in certain circumstances for separate or premarital property to lose its separate quality and it can then become marital property or can be used to pay alimony.

Can a Prenuptial Agreement cover alimony?
Sometimes, Prenuptial Agreements are used to limit, establish or eliminate alimony in the event of a divorce.

Can a Prenuptial Agreement affect child custody or child support?
Generally speaking, Prenuptial Agreements do not deal with child custody or child support. Judges make the final decision on custody, and parties cannot pre-determine child support because the law regards child support as being a right for a child, and parties cannot override that right. Custody also must be determined AT THE TIME OF THE DISPUTE since no one can predict all the circumstances which will exist at the time of a custody dispute.

I already have a house and property and I want to protect it. Will a Prenuptial Agreement help?
Yes. If you own property before the marriage and you want to protect that property in the event of divorce, a well drafted and enforceable Prenuptial Agreement can make it easier for you to keep that property in the event of a divorce.

Do I need my own lawyer if my fiancé’s attorney prepared a Prenuptial Agreement?
Yes. It is important to have your own counsel explain fully the proposed Agreement and the potential pitfalls that could affect you in the event of a divorce. Your attorney can suggest changes to the proposed Agreement that can dramatically affect to your benefit what happens in the event of a divorce.

Does my fiancé need their own lawyer if my attorney prepares a Prenuptial Agreement?
Yes. Not only does it make it more fair (each side has independent advice), it also makes it more enforceable since neither can later argue that they did not understand what they were signing.

Even if my spouse and I have a Prenuptial Agreement, can we change the terms later?
Yes. You can "re-up the Prenup" by having your attorney prepare an addendum to the original Agreement. After that has been properly signed and witnessed, it becomes a part of the original Agreement and will reflect the new terms you have changed.

What if my spouse and I decide, after years of marriage, that we no longer want to have the Prenuptial Agreement in effect?
Most well-written Prenuptial Agreements will contain a provision that dictates exactly how to cancel the Prenuptial Agreement so that it is no longer in effect. Further, your attorney can build in Asunset@ provisions to the original Prenuptial Agreement that provide for its automatic cancellation after an agreed-upon amount of years.

Will a Prenuptial Agreement determine how my spouse’s property is distributed after his/her death?
Not unless you insist on such a provision. It is strongly recommended that you each have a Last Will and Testament to cover what happens to property upon the death of a spouse. Generally, a good Prenuptial Agreement will contain language that says that either of you are free to give or will away any property you want to the other party.

Are Prenuptial Agreements expensive?
As is in most cases, the cost is based on how long it takes your attorney to prepare the Agreement. Prenuptial Agreements take a lot of time to prepare since they are an attempt to resolve disputes which have not yet occurred and which are based upon factors which do not yet exist (changes in income, assets, the birth of children, etc.) In some limited cases, Prenuptial Agreements can be prepared on a flat fee basis. See your attorney for more complete fee and cost information.

SOURCE: DivorceNet

SOURCE FOR POST: Georgia Family Law Blog

Divorce Manual: SELECTING A DIVORCE LAWYER

A. Introduction

Selecting a lawyer to represent you in your divorce is more than just picking a name; it means establishing a close and sensitive relationship that will continue for months and perhaps years. It is important to find and hire the person who is right for you and your case.

B. Getting Names of Lawyers

1. From other professionals

Lawyers, accountants, psychotherapists, members of the clergy and other professionals meet and work with divorce lawyers in the course of their work and are often a good source of referrals. Ask them for the names of family law specialists with good credentials and reputations and whose qualifications are most appropriate to your case. Lawyers, in particular, are aware of the reputations of other lawyers, even those outside their specialty, so a lawyer you already know and trust can be an exceptionally good referral source. If you need a divorce lawyer outside your geographical area, divorce lawyers in your area often know who the best people are in other regions.

2. From organizations

Your state bar may have a process for certifying family law specialists and may give you names. While certification is no absolute assurance of quality, it usually requires a certain proven level of experience, study, and interest in the field. Certified specialists have usually passed an examination in this area of the law. The American Academy of Matrimonial Lawyers is an organization with a rigorous screening procedure which admits only qualified specialists.

The American Bar Association and most local bar associations have family law sections. Although any lawyer can join these sections with no screening or testing, lawyers who belong may have a higher level of interest and involvement in the field of family law than those who don’t.

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Georgia Alimony and Child Support Laws

CHAPTER 6 ALIMONY AND CHILD SUPPORT GENERALLY

19-6-1. Alimony defined; when authorized; how determined; lien on estate of party dying prior to order; certain changes in parties’ assets prohibited pending determination.

(a) Alimony is an allowance out of one party’s estate, made for the support of the other party when living separately. It is either temporary or permanent.

(b) A party shall not be entitled to alimony 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. In all cases in which alimony is sought, the court shall receive evidence of the factual cause of the separation even though one or both of the parties may also seek a divorce, regardless of the grounds upon which a divorce is sought or granted by the court.

(c) In all other cases in which alimony is sought, alimony is authorized, but is not required, to be awarded to either party in accordance with the needs of the party and the ability of the other party to pay. In determining whether or not to grant alimony, the court shall consider evidence of the conduct of each party toward the other.

(d) Should either party die prior to the court’s order on the issue of alimony, any rights of the other party to alimony shall survive and be a lien upon the estate of the deceased party.

(e) Pending final determination by the court of the right of either party to alimony, neither party shall make any substantial change in the assets of the party’s estate except in the course of ordinary business affairs and except for bona fide transfers for value.

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Health Insurance Basics

If you are self-employed, or otherwise in need of individual health insurance coverage, how do you go about finding the best plan?

1. Learn the language:

HMO – Health Maintenance Organization. This is a very structured plan where you pick a PCP (Primary Care Physician), the doctor you see first for everything. The PCP refers you to a specialist.

PPO – Preferred Provider Organization. This is less restrictive than an HMO. You self-refer to any physician in the network for care.

Indemnity Plan – The old traditional plan before managed care. You go to any doctor or hospital. There are not many of these left, and they cost the most.

Hospital/Surgical Plan – These plans cover the basics with few bells and whistles. Some provide riders to make them look like major medical plans.

MSA – Medical Savings Plan – These plans were designed by Congress. You have a high deductible health plan coupled with a tax-deductible savings plan.

Temporary Health Insurance – A great low cost alternative for those needing coverage for one to twelve months or who cannot qualify for long term coverage.

The above ary very general descriptions to help explain the different options. Not all plans are available in all states.

2. Select the best type of plan for you:

This will depend on the length of time you need the coverage; how much money you have in savings or are willing to risk; your plans for having children; the doctors your prefer; cost; and most importantly your health.

If you are planning a family – Having maternity coverage is a must. An HMO will almost always provide the lowest cost, as maternity is built into the cost.

If you are between jobs – A temporary plan is the best way to go.

If you prefer a particular doctor or hospital – A PPO may be the best way to go.

If money is tight – A Hospital/Surgical Plan, HMO, Temporary Plan, or high deductible PPO may be options for you.

If you want complete freedom – and money is no factor, then an Indemnity Plan is best.

If you hardly ever use your plan – and you wish you had all the money back, then an MSA may be best for you.

If you have minor problems – that would be pre-existing conditions with most plans, an HMO might not consider these as problems.

If an HMO will not take you – a PPO, Indemnity, Hospital/Surgical or MSA may take you, but rider the condition.

3. Find out what it will cost:

To find out what it will cost, contact an agent in your state.

To avoid any surprises at claim time, it is important to provide accurate information. Do not give an insurance company an excuse not to pay!

SOURCE: DivorceNet