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Get the latest news and views in Family Law from experienced Family Law attorney Mary Stearns-Montgomery.
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Tagged in: GA Divorce Lawyers , Divorce attorneys marietta ga , Attorney Atlanta ga , Atlanta Family Law Attorney , Atlanta Divorce Attorney Jul 20, 2011
Mary Stearns-Montgomery
Posted by: Mary Stearns-Montgomery
atlanta divorce attorneys collaborative divorce

Collaborative divorce is a common practice in family law that encompasses three main elements: the voluntary and free exchange of information, a pledge not to litigate, and a commitment to resolve issues in the best interest of both parties’ shared goals. This process takes out the situation of being in court, which can be nerve-wracking, but still allows you to feel the comfort of having your attorney help you through the process.

Collaborative divorce does not involve a mediator like in mediation, but instead brings the two parties and their lawyers together to work out any unresolved issues. Collaborative divorce is designed to keep things positive and prevent hatred between the two parties. Once an agreement is reached the lawyers draft the document and both parties sign it when they feel comfortable with the terms of the agreement.

For many parties collaborative divorce proves to be more efficient. You are able to stay in control of the process and outcome as well as focus on the issues that really matter instead of making divorce a battle. If you are considering collaborative divorce speak to your divorce attorney to see if it is right for you.

Tagged in: Marietta divorce attorney , Family Law Attorneys Atlanta , Family Law Atlanta , Attorney Atlanta ga , Atlanta Child Custody Jul 06, 2011
Mary Stearns-Montgomery
Posted by: Mary Stearns-Montgomery

Many adoption proceedings are for stepparents. When a stepparent adopts their spouse’s child they are agreeing to financially support their spouse’s child and dismissing the non-custodial parent from any rights to the child. If you are thinking about adopting your stepchild here are some things to consider during the process:

  • Who starts the process: It is up to the stepparent to start the adoption process and fill out the required paperwork to put the adoption in motion.
  • How do you know if you are able to adopt your stepchild: In most cases of a stepparent adopting their spouse’s child in Georgia, the absent parent is either deceased or has abandoned their responsibilities as a parent including financially and by not maintaining a relationship with the child.  If the non-custodial parent has a regular relationship with the child and is maintaining their financial obligations you will have to get consent from them to adopt the child.
  • Do the children have any say: In Georgia if the child is 14 years of age or older they have to consent in writing to the adoption.  
  • Do you have to get approved to adopt the child: Before being granted legal custody as a stepparent you will have to pass a background check. The Department of Human Resources will also verify that the adoption is in the best interest of the child and conditions are going to be good for the child.

 

Before proceeding with an adoption it is important to consult a family law attorney to help you through the process.

Tagged in: Marietta divorce attorney , Divorce attorneys marietta ga , Attorney Atlanta ga , Atlanta Family Law , Atlanta Divorce Attorney Mar 30, 2011
Mary Stearns-Montgomery
Posted by: Mary Stearns-Montgomery

Many fathers are uninformed regarding child custody or visitation after divorce. One common myth is that the mother’s requests are given priority in determining custody, and that the father must comply. Don’t miss out on being a part of your child’s life. You have the same rights as your ex-wife, unless stated otherwise by the court. Here are four rights you have as a father:

  • The right to be the custodial parent: In decades past, mothers largely won primary custody of their children without much protest. In recent years, more fathers have been granted custody during divorce proceedings. As more women have started working full-time even after the birth of their children, more fathers are adopting the role as primary caregiver. The court will ultimately consider the best situation for your child when granting custody.
  • The right to be involved: You have the right to spend quality time with your child, which means you have the right to visitation. You can and should maintain a consistent schedule so that you and your child can spend plenty of time together. 
  • The right to co-parent: If parents are equally involved in parenting before divorce, the court often opts to maintain a similarly equal schedule for the child after divorce. The rules and regulations for co-parenting are different in every state, but hiring a divorce lawyer that knows these rules is crucial to obtaining your rights. Courts often request proof that you and your ex-spouse are capable of communicating effectively to make decisions for your child.
  • The right to assist decision-making: If you are in a co-parenting custody arrangement, you have the right to assist is making decisions concerning your child’s education, health and religion. 

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    Keep in mind Georgia requires unmarried fathers to legitimate the child before rights to custody or visitation is considered in court.