Shawn Bible Law Firm Blog

The Rights of Unwed Father’s and Legitimization

In Georgia if a child is born to an unmarried couple the mother has sole custody of the child and the father has only potential rights. The father must file a Petition to Legitimate to establish parental rights. This is true even if the father is on the birth certificate and even if he pays child support.

A biological father not married to the mother must file a legitimation action pursuant to Georgia law found in O.C.G.A. 19-7-2. So, you ask how does a father go about doing that?

The father must file a Petition to Legitimate in Superior Court in the county where the mother lives (there are some exceptions to this general rule). In many ways the process from there is similar to a Divorce case except that the only issues are child custody, visitation and support.

After the Petition is filed and the mother served with notice a court date will be set. At that court date if an agreement cannot be reached between the parties the judge will decide child custody, set the visitation schedule or parenting plan and set child support.

If you are the father of a child born outside of marriage you need to speak to an attorney about your legal rights. That attorney can tell you how best to pursue legitimation and explain the rights and obligations you have pursuant to Georgia law.

Posted on: 10 Oct, 2018 under: Divorce, Family Law

The Use of Guardian Ad Litems in Divorce and Child custody cases

A Guardian Ad Litem (GAL) can appointed by a Superior Court judge in a Divorce or Child Custody case. Generally speaking, a GAL is a person appointed by the court to investigate the situation and make a report about what would be in the child’s best interest. The GAL represents the best interest of the child and assist the court in making a decision on child custody and visitation.

A GAL is typically appointed when there are allegations of abuse, a parent with mental health or substance abuse issues, very high conflict between the parents that cannot be resolved easily, accusations of neglect and for other reasons.

The GAL typically will conduct interviews, examine the court file and other records and sometimes participate in the hearing by testifying. The GAL must produce a written report and be available to testify if needed.

In custody cases sometimes one of the parties will ask for a GAL to be appointed. In other cases the judge will appoint a GAL on their own authority even if the parties do not request the appointment of a GAL.

Posted on: 7 Jun, 2018 under: Divorce, Family Law

When can you modify child support?

When can you modify child support? The law allows child support to be modified both downward and upward. Generally speaking, there are five reasons someone can petition the court to seek an upward or downward modification in child support. These five reasons are found in O.C.G.A. 19-6-15.

First, there has been a major change in either parents income. Second, there’s been a substantial change in the needs of the children. Third, a parent has failed to exercise his court ordered visitation. Fourth, the noncustodial parent has exercised substantially more visitation than was originally ordered. Fifth, one parent has an involuntary loss of income.

However, it takes more to change child support then merely showing that one of the above five things has happened. Even if one of these five reasons is proven it does not necessarily mean that child support will be modified. The parent petitioning the court to revise child support must still show that the child support modification is necessary. Also, in some circumstances a parent may not ask for modification in child support if it has been less than two years since the last child support order.

I a word of caution about child support. Remember, that any modification of child support must be by court order. If you are the parent obligated to pay child support never never modify what you are paying without court approval. Doing so could land you in jail for contempt of court for not paying your court ordered child support. Also, always make sure that you have a record of child support you are paying and never pay cash without a receipt.

If you have had a major change or income or for some other reason need to modify child support you should seek the advice of an attorney and file a modification action if needed.

Posted on: 7 Jun, 2018 under: Family Law

Which Court will hear my Divorce/Custody case?

If you have a family law case such as a divorce or custody modification which court will hear the case? In Georgia, family law cases are heard in what is called the Superior Court. Each county has its own Superior Court and the counties are linked together in what is called Judicial Circuits. For example, I practice mostly in NorthWest Georgia in what is called the Lookout Mountain Judicial Circuit. The Lookout Mountain Judicial Circuit is made up of four counties Catoosa (Ringgold), Walker (Lafayette), Dade (Trenton) and Chattooga (Summerville). Each of those counties has a courthouse and its own Superior Court Clerk. There are four Superior Court judges in the Lookout Mountain Judicial Circuit who are Judge Don Thompson, Judge Ralph Van Pelt, Judge Kristina Cook Graham and Judge Brian House.

If you file for divorce in Catoosa, Walker, Dade or Chattooga counties then you will file your divorce with the Superior Court Clerk of the County. Your case will be heard by one of the four judges who serve the Judicial Circuit.

All cases which could be classified as family law cases are heard in the Superior Court. These cases include Divorce, Child Custody, Legitimation, Adoption and Child Support. There are some cases which involve families and custody of children which may be heard in other courts. For example, Juvenile Courts hear cases that involve deprived or neglected children. These cases usually begin as investigations made by the Department of Family and Children Services. However, most cases which the average person would think of as family law cases will be heard in Superior Court.

Posted on: 27 Mar, 2018 under: Divorce, Family Law

Things to do before seeing a divorce attorney

Before you make an appointment to see an attorney about a divorce there are a few things you should do first. The below list will help you organize your thoughts and make your first consultation with an attorney more productive and efficient.

Think about what you want to ask for and what your goals are. For example, if you have children think ahead of time what you would like to happen as regards custody and visitation. As regards financial matters think what you would consider a fair division of marital assets to be. An attorney can give you legal advice and help you reach your goals in a divorce but they cannot tell you what those goals should be without your help and input.
Give some thought as to where you hope to be in the future. What are your career goals? Do you think because of career or other reasons you will have to move in the future? While no one knows what the future holds it is a good idea to be thinking about these issues before seeing a divorce attorney. For example, if you think your job will cause you to have to move then that is something that will have to be considered when determining child custody and visitation.
Create a list of your assets and debts. Any divorce will involve the division of marital assets so you need to know what those assets are. Don’t overlook small items such as store credit cards and other small lines of credit.
Gather evidence you think might be helpful in your divorce case and do not let that evidence be destroyed or mislaid. For example, if you are considering a divorce based on your spouse’s adultery and you have a text message where he or she admits to adultery make sure that you save that message. It is best to not only to keep an electronic record of such a message but also have a physical copy of it. If your spouse has posted something incriminating on Facebook print that post out and do not rely on it being there in the future.
Do not text, email or leave voice messages that you do not want seen and heard in court. A divorce can be a stressful time and it is easy to lose your cool and send a text message in a fit of anger. However, remember such text messages and other recorded conversations can be used in court and may portray you in a bad light to the judge.
If you have young children do not discuss the divorce with them. Not only will the court frown upon such conversations it is harmful to your child. Remember that your spouse is that child’s parent as well.
Be prepared financially for your divorce. Take a careful look at your bills and expenses consider and the implications that your divorce will have on your budget. Most people will need to make significant adjustments in their lifestyle, spending habits and budget after a divorce.

Posted on: 15 Feb, 2018 under: Divorce, Family Law

Do I need to go to court for speeding and other minor traffic offenses

I often have people call and ask is it worth going to court for speeding ticket or other such minor traffic violation? Is it worth hiring an attorney to handle such case? The answer to those questions of course varies from case to case.

When you get a citation for most traffic offenses you will be given the option of paying your citation before court. However, this does not mean that there will not be legal repercussions nor does it mean that paying the ticket will not have an effect on the drivers license. In some cases, either because of points or because of the nature of the citation your license may be suspended by your paying the citation before court.

If you’re a commercial drive you should always consult an attorney before paying a citation. If you are a commercial driver your livelihood depends on your drivers license. I always recommend that commercial drivers consult an attorney before paying any ticket.

If you are not a commercial driver the answer can be more complicated. Let’s say for example that you get a minor speeding ticket. Should you just pay the citation and forget about it or should you consult an attorney? While I cannot give a definite answer without knowing the details of a case I can give examples of when I would strongly recommend consulting an attorney before paying a citation.

Below is a list of examples of traffic citations you should consult an attorney about.

Any citation that will result in points can lead to the possible suspension of your drivers license. This is especially true if you have had multiple citations in a short period of time.

Any speeding citation for 14 or more over the speed limit.

No proof of insurance.

Driving on a suspended license.

Reckless driving.

Leaving the scene of an accident or failure to report an accident.

Any citation received by a commercial driver.

The above list is not exhaustive but if you receive any of the above citations it is strongly recommended you consult with an attorney.

Legal disclaimer: The information contained on this page and this entire website is for informational purposes only and are not intended as legal advice. You should always consult an attorney before taking legal action. Reading this website or any website is not a substitute for a trained attorney. This website does not create an attorney-client relationship between you and Shawn Bible Law Firm. Mr. Bible serves all Northwest Georgia, including the cities of Ringgold, Fort Oglethorpe, Lafayette, Trenton, Summerville and Rossville, in the counties of Catoosa, Walker, Chattooga and Dade.

Posted on: 7 Feb, 2018 under: General, Traffic Law

Child Support and Health Insurance

At a time when health insurance premiums are on the rise I am often asked how health insurance affects child-support? Health insurance will always be a factor in determining child support. The parent who pays child support will get credit for that in making the child support calculation pursuant to the child support guidelines.

The usual way this is calculated is as follows. You take the total amount of the insurance premium and divide it by the number of persons covered by the insurance policy and then multiply the resulting amount by the number of children covered by the insurance policy. For example, through a employment -related insurance plan, a parent provides medical insurance covers the parent, one child who is the subject of the child support case and two other children. The parent pays a total of $170 for the family option that provides coverage for the employee in any number of dependents. To calculate the amount attributable to the child, divide the four persons covered into $170, which would equal $42.50. The resulting $42.50 is added to the basic child support obligation as a health insurance cost for one child for whom support is being calculated. Usually unless otherwise agreed uninsured health expenses are divided equally between the parties.

With that being said, child support calculations can be very tricky. Many people think that it is as simple as putting in both parties income into a child support calculator. However, depending on the case and the financial situation of the parties child support calculations can be extremely complicated and the above example is not always how health insurance will be used to determine the child support obligation.

You should always contact an attorney for advice before agreeing to any child support amount. Also remember child support is for the child and not for you so you want to ensure that if your receiving child support that you get a fair amount for the child. If you’re paying child support you want to make sure that your paying a reasonable and fair amount pursuant to law.

Posted on: 2 Feb, 2018 under: Family Law

Moving after a divorce with kids

I frequently have people call my office and ask what happens to my custody/visitation with my children if I move? The typical scenario is that parents of young children get divorced. One parent has custody of the child and the other parent has visitation. Several years later due to job changes, remarriage or other life changes one parent moves. What happens to the court ordered or agreed custody and visitation provisions of the original court order?

If the move is of such distance that the visitation exchange would become a hardship under the previous provisions then the parties must address the move either in an agreed order or bring the issue before the court to make a decision to change the current parenting plan.

For example, parents of a five-year-old child get divorced in Georgia and mom gets custody and father gets standard visitation with the child. The fathers visitation is every other weekend. A few years later mom changes jobs and wants to move to California. Of course, the original parenting plan in the divorce decree will not work under the above circumstances. The parties may between themselves agree to a new parenting plan but if they cannot agree then one party must file a petition to modify the original parenting plan.

In the above scenario, the parenting plan must change to accommodate the move across country. The court can do several things in the above scenario. The court could decide that due to the mother’s decision to move the father should receive primary custody and the child stay in Georgia with the mother receiving visitation. The court could decide that it is still the child’s best interest to move with the mother to California and change the fathers parenting plan to accommodate the move. A typical parenting plan in such circumstances might be that the father receive the entire summer break from school and visit with the child on any extended school break. The other big issue the court must address is who shall bear the burden of travel expenses.

The above example is extreme in that one party is moving across the country. However, even moves that involve travel of over two hours can necessitate the need to amend an existing parenting plan. Therefore, before making any decision to move a divorced parent should consider the possible implications to the existing parenting plan and consult with an attorney about their options. In addition, the divorced parent should carefully read the existing order and parenting plan to see what limitations have been put in that order or parenting plan as regards moving.

Legal disclaimer: The information contained on this page and this entire website is for informational purposes only and are not intended as legal advice. You should always consult an attorney before taking legal action. Reading this website or any website is not a substitute for a trained attorney. This website does not create an attorney-client relationship between you and Shawn Bible Law Firm. Mr. Bible serves all Northwest Georgia, including the cities of Ringgold, Fort Oglethorpe, Dalton, Lafayette, Trenton, Summerville and Rossville, in the counties of Catoosa, Walker, Chattooga, Dade, and Whitfield.

Posted on: 15 Dec, 2017 under: Divorce, Family Law

What court will my case be heard in?

One of the first things an attorney has to do when deciding whether to handle your case is to determine where the case will be heard. I practice law mainly in the Lookout Mountain Judicial Circuit. That means for the most part I handle cases in Catoosa, Walker, Dade, and Chattooga counties in North Georgia. As part of my practice I represent people in DUI cases and other types of misdemeanor offenses as well as Family law.

The first question I have to ask people when they call for consultation and criminal cases is what court is your case in and where were you arrested? One of the obvious reasons I ask the question is to know whether the person’s case will be in a County that my firm works in. However, I also ask the question because each County has several criminal courts.

For example, if you are arrested for DUI in Catoosa County then your case may be heard in one of three courts. If you are rested in the city limits of Ringgold or Fort Oglethorpe Georgia your case may be heard in that city’s municipal courts. If you are outside city limits then your case will go to the Catoosa County state court. This also holds true for the other counties in our judicial circuit and across the state. However, in some counties DUIs may be heard in the County Probate court or in some cases in that counties Superior Court if that County does not have a State Court.

I also handle civil cases such as divorce. When it comes to divorce and other types of family law the answer to which court your case will be heard in is usually simple. The Superior Court of the County the case will be filed in has exclusive jurisdiction over divorce and most other cases generally considered to be “family law”. However, the Juvenile court of each County handles cases that could also fall under the general category of “family law” in cases where someone either an individual or the Department of Family and Children Services allege that the child is deprived.

Other types of cases can also be heard in multiple courts depending on several factors. I hope the above discussion about what cases are heard and what courts is helpful.

Legal disclaimer: The information contained on this page and this entire website is for informational purposes only and are not intended as legal advice. You should always consult an attorney before taking legal action. Reading this website or any website is not a substitute for a trained attorney. This website does not create an attorney-client relationship between you and Shawn Bible Law Firm. Mr. Bible serves all Northwest Georgia, including the cities of Ringgold, Fort Oglethorpe, Dalton, Lafayette, Trenton, Summerville and Rossville, in the counties of Catoosa, Walker, Chattooga, Dade, and Whitfield.

Posted on: 24 Oct, 2017 under: Criminal Law, Divorce, DUI, Family Law, General

Pretrial diversion in Georgia

A term you hear increasingly in criminal litigation is “pretrial diversion”. What is pretrial diversion? In Georgia, in some cases a prosecutor has the authority to enter into a pretrial diversion agreement with a defendant to resolve his case. Basically, a pretrial diversion agreement is where a defendant agrees to do certain things and upon completion his or her case will be dismissed and eligible for expungement/record restriction.

In Georgia, Prosecuting attorneys pursuant to O.C.G.A. 15-18-80 are authorized to create and administer a pretrial intervention and diversion program to provide an alternative to prosecuting offenders. Entry into the program is at the discretion of the prosecuting attorney. A prosecutor usually has guidelines as to who may enter the program. Factors a prosecutor may consider are the following:

the nature of the crime
• the prior arrest record of the offender
• the notification and response of the victim

No prosecuting attorney may accept any offender into the program for an offense for which the law provides a mandatory minimum sentence of incarceration or imprisonment that cannot be suspended, probated, or deferred. Therefore, DUI cases are not eligible for pretrial diversion since at least the 24 hour jail sentence is mandatory. The prosecuting attorney is authorized to assess and collect from each offender who enters the program a fee not to exceed $1000 for the administration of the program, and to collect restitution on behalf of victims (this number has changed in the past and may very well change again in the future).

With that said, why with the defendant want to do a pretrial diversion? The most common reason is that a pretrial diversion if completed will allow the defendant to have the record expunged/restricted.

If you have been arrested you should always seek the advice of an attorney before court. Pretrial diversion’s might be a great way to resolve your case but speak to an attorney before you enter into such an agreement.

Legal disclaimer: The information contained on this page and this entire website is for informational purposes only and are not intended as legal advice. You should always consult an attorney before taking legal action. Reading this website or any website is not a substitute for a trained attorney. This website does not create an attorney-client relationship between you and Shawn Bible Law Firm. Mr. Bible serves all Northwest Georgia, including the cities of Ringgold, Fort Oglethorpe, Dalton, Lafayette, Trenton, Summerville and Rossville, in the counties of Catoosa, Walker, Chattooga, Dade, and Whitfield.

Posted on: 24 Oct, 2017 under: Criminal Law