Shawn Bible Law Main: (706) 375-2145
Ringgold: (706) 935-8864
Shawn Bible - Lawyer in NW Georgia

The Georgia Super Speeder Law

The new Super Speeder law adds another two-hundred-dollar state-fee for any person convicted of speeding at 75-or-more on any two-lane roads.  OR convicted of speeding at 85-and-over on any road in Georgia. Those new state fees will be in addition to any local fines already in effect in the jurisdiction where the speeding offense occurs.  In other words, if you pay ticket for speeding you can get another fine in the mail later from the State.

This law went into effect  in January 2010.  Fees collected under the new ‘SuperSpeeder Law’ will be used to help fund Georgia’s trauma care hospital system.

Stepparent Adoptions in Georgia

 

The most common adoption I am asked about is the stepparent adoption.  The usual scenario is of a single mother or father who is raising a child alone with no help from the other biological parent.  The single parent meets someone, marries and the new stepparent takes over the role that the other biological parent abandoned.  The new stepparent realizes that if he or she is going to have all the responsibility of a parent that they might as well have the legal rights of a parent.  The stepparent then goes to a lawyer and asks about adoption.

So, how does one adopt a stepchild?  First, a Petition of Adoption must be filed with the Superior Court.  Either the other biological parent must consent to the adoption or their rights must be terminated by the court.  Rights can be terminated for many reasons but the most common is failure to parent or support the child for a long period of time.  If the other biological parent’s whereabouts are unknown then the court can grant an order to serve the other parent by publication in the newspaper.

The law requires a background check on the stepparent filing the petition to adopt and a home evaluation must be conducted on the home of the stepparent.  Your attorney must also file a request with the Department of Vital Records to search the Putative Father Registry.  The purpose of this Registry is for any man to provide identifying information about themselves, the mother, and the child so these registered men can be notified about adoption proceedings.  If a man has sex with a woman and then loses contact with her and he then thinks, he may have fathered a child he can place his name on the Registry.

Your attorney must provide a copy of all paperwork filed to the Law Clerk of the Superior Court to review if there is a Clerk.  A Superior Court Judge will set a date and a hearing will be scheduled in the Judge’s chambers.  If there are no objections and the person petitioning the Court for adoption is a suitable and lawful person to adopt the Judge will grant the adoption.  A new birth certificate can then be issued by the State listing the Petitioner as the child’s parent.

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.

 

Adoption Attorney

The Law Office of Shawn Bible is happy to serve those seeking the adoption of a child.  Our office is ready to help you if you are seeking to adopt a stepchild or child already in your care or custody.  Our office has handled many stepparent and relative adoptions and we are ready to serve you as well.

If we are unable to help you for whatever reason than we will gladly refer you to an experienced lawyer who can assist you.

DUI Lawyers

How much can you drink and still be “ok” to drive?  The simple answer is that is it not wise to drink any amount of alcohol and drive.  A taxi is much cheaper than hiring a DUI lawyer.  Finding a designated driver is much easier than finding someone to bond you out of jail.

The “legal limits” in Georgia are as follows.  In 2001, Georgia lowered the “per se” alcohol limit for adults over 21 years of age to 0.08 grams. The old blood alcohol level was 0.10 grams.  Drivers under age 21 can be convicted of “per se” DUI with an alcohol content of 0.02 grams.  Commercial truck drivers have a 0.04 grams percent limit.

However, a person can be prosecuted if his or her blood alcohol level is below the “legal limit”.  For example, if you are in a wreck and a test shows your blood alcohol level is 0.07 you can easily be prosecuted for DUI.  Will you be found guilty?  That is up to a jury but why take the risk.  If you are arrested for DUI then by all means hire a lawyer to protect your rights.  However, it is wiser to never put yourself in a position where you have to hire a DUI lawyer.

Ringgold Lawyer

The Law Office of Shawn Bible is located in Ringgold but serves all of North Georgia.  Our practice includes all counties in Northwest Georgia including Catoosa, Dade, Walker and Chattooga counties as well as the towns of Ringgold, Fort. Oglethorpe, Lafayette and Trenton Georgia.

Our  mission is to protect and assert our client’s rights while guiding them through the sometimes complicated and often frustrating legal process. To provide personal service and honest and practical legal advice. To provide an aggressive representation and obtain the best possible result in each case.

The Criminal Courts of Catoosa County, Ringgold and Fort Oglethorpe

 If you are arrested in Catoosa County, your case might be heard in one of six different courts.  If you are arrested for a felony, your case will be heard in the Superior Court.  The Superior Court hears all felony cases in Catoosa County and many misdemeanor cases not handled by the lower courts.  The Superior Courts of Georgia cover multiple counties and are divided into Judicial Circuits.  There are Forty Nine Judicial Circuits in Georgia.  Therefore, Catoosa, Walker, Chattooga and Dade Counties are all in the Lookout Mountain Judicial Circuit.  The Superior Court is the only court in Catoosa County in which you may have a jury trial.  However, if you request a jury trial in a lower court in Catoosa County your case will be transferred to the Superior Court.

If you are arrested for a misdemeanor in the city limits of Fort Oglethorpe or Ringgold your case will be heard in the Municipal Court of that city.  For example, if you are arrested for a DUI or shoplifting in Fort Oglethorpe your case will be heard at the Fort Oglethorpe Municipal Court.  These City or Municipal Courts also handle all traffic offenses and some ordinance violations.  You may request a Bench Trial (that is a trial in front of Judge only) in these courts but if you wish to have a jury trial then your case will be transferred to Superior Court.  You should always consult an attorney before transferring your case. 

If you are arrested for a traffic offense or some hunting violations outside of the city limits of Fort Oglethorpe or Ringgold then your case will be heard in the Catoosa County Probate Court.  Every county in Georgia has a Probate Court.  In other counties, which have a State Court like Walker County, the Probate Court does not typically hear criminal cases.

The County Magistrate court also has jurisdiction over a variety of misdemeanors if they take place in the unincorporated areas of the county.  The crimes which magistrate courts have jurisdiction over are criminal trespass; marijuana possession, less than an ounce;  shoplifting where the property is valued at $300 or less; and furnishing alcoholic beverages to a person less than 21, as well as purchase or possession of alcoholic beverages by a person less than 21.  The Magistrate Court also hears cases involving violations of County Ordinances.

Last but not least, if you are a juvenile then your case will be heard in juvenile court.  Criminal cases in Juvenile Court are called “delinquency” proceedings.  Although these hearings do not always involve acts which would be crimes if committed by adults.  The juvenile court has jurisdiction of those persons under the age of 17 and to those under the age of 21 years who committed acts of delinquency prior to reaching 17 and who are under the supervision of the juvenile court. 

 

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.

How to Change Your Name in Georgia

There are several reasons one might wish to change your own name or that of a child.  Married women who get divorced revert to their maiden name (this is usually done as part of the divorce).  A child’s name can be changed after adoption.  A child’s name can also be changed by filing a Petition of Name Change to change his or her name to that of his or her stepfather, custodian or guardian.  Or someone may simply not like his or her name and wish to change it to something more appealing.  Given some of the ridiculous names, parents give their children today; this may become more common in the future.      

 The procedure for changing one’s name or the name of a child is set forth in O.C.G.A 19-12-3 and is as follows.  You must present a petition to the superior court of the county of the petitioners or the child’s residence, stating the reasons for the name change.  Within seven days of the filing of the petition, the petitioner must have a legal notice of name change published in the official newspaper of the county once a week for four weeks (for example if you lived in Ringgold you would publish in the Catoosa County News for four weeks).  The notice must contain the name of the petitioner, the name of the person whose name is to be changed if different from that of the petitioner, the new name desired, the court in which the petition is pending, the date on which the petition was filed, and the right of any interested or affected party to appear and file objections. 

 Of course, in all cases, before a child’s name can be changed, the parents of the child must be served with a copy of the petition. Furthermore, the written consent of the parents must be filed with the petition, except that the written consent of a parent is not required if the parent has not contributed to the support of the child for a continuous period of five years or more immediately preceding the filing of the petition.

 If a written objection is filed to the name change within the specified time limitations, the court will entertain such objections.  In cases involving the changing of a child’s name, Georgia courts have ruled that the petitioner has the burden of proof on the issue of the best interest of the child as regards a name change.  Tolbert v. Tolbert, 131 Ga. App 388, 206 S.E.2d 63 (1974).  A court had broad discretion in deciding whether to grant a request to change a child’s name.  The standard in determining if a name change is granted is the child’s best interests, welfare and happiness.  Johnson v. Coggins, 124 Ga.App. 603, 184 S.E.2d 696 (1971).   

However, Georgia law forbids a person to change his or her name for purposes of fraud.  For example, to avoid creditors or to throw off law enforcement from your trail.  The Georgia courts have also denied the petition of a prison inmate to change his name following his conviction and incarceration for forgery because the name change might cause confusion, and allow the convicted man to disassociate himself from his criminal record. In re Parrott, 1990, 194 Ga.App.856, 392 S.E.2d 48.

 If the court does grants the name change the clerk of court can then issue a certificate of name change under the seal of the court.  You can also request a new birth certificate to be issued.

 

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, and the counties of Catoosa, Walker, Chattooga, Dade, and Whitfield.