Few events in life are more difficult than a divorce or child custody battle... we'll help you get through the process.
Newsletter




Family Law Blog

Get the latest news and views in Family Law from experienced Family Law attorney Mary Stearns-Montgomery.
Tags >> Family Law Attorney Atlanta
Tagged in: Marietta Attorney , Family Law Attorney Atlanta , Divorce Lawyer Atlanta Georgia , Atlanta Family Law Attorney , Atlanta Divorce Lawyer
Mary Stearns-Montgomery
Posted by: Mary Stearns-Montgomery

Whether the decision to co-parent is a mutual decision between two parties or its decided by a judge, co-parenting is in the best interest of the children. While it may be hard to put aside bad feelings between you and your ex, it is important to consider what is best for any kids involved and put aside those feelings to work together with your ex. Here are some tips to help you make co-parenting successful.

  • Communicate: While it may seem difficult at times it is important to keep an open, respectful line of communication between you and your ex-spouse. With the advent of emails and text you can easily control your emotions by reviewing your communications before they are sent.  During communication stick with talking about the kids and don’t bring up the past or argue.
  • Consistency: When you are involved in a co-parenting situation the child is spending time with both parents. It is important for both parents to be on the same page when it comes to making important decisions. Try to keep a consistent schedule so the kids know when to expect to see each parent.  
  • Adapting: It is common after a divorce that one or both parties will eventually move on and maybe enter into another relationship. It is important to learn to adapt to any new changes that might arise and help your child adapt as well.  
  • Respect: Respecting each other as parents is extremely important for making co-parenting work. Do not bad mouth the other in front of your kids and don’t use the kids to get information about the other one. If your kids see you can be civil with your ex-spouse it will help them adjust better.

 

It is important that you review your co-parenting plan with an experienced Georgia divorce lawyer to make sure you didn’t miss anything. 

Tagged in: Marietta Attorney , Family Law Attorney Atlanta , Atlanta Family Law Attorney , Atlanta Child Custody
Mary Stearns-Montgomery
Posted by: Mary Stearns-Montgomery

unmarried parents with children family law

Many couples decide to live together and have a child without getting married. If the relationship doesn’t last do the same rules apply for unmarried couples with children as married couples? The answer is no.  If a child is born out of wedlock child custody is handled differently than for couples that get divorced. Here are a few things for unmarried couples to keep in mind:

  • Spousal Support: Unmarried couples are not entitled to spousal support in the same way divorced parents are.

The mother of the child can have the father arrested for abandonment if he does not provide financial support for the child.

  • Mother’s Rights: If you decide to go your separate ways as unmarried parents the mother will automatically receive full physical child custody until you file a lawsuit to get the same rights.

  • Proving Paternity: If the father decides to contest child support he can ask to prove paternity.

  • Petition for Legitimation: If the father is looking to gain legal rights to the child and wants to have a relationship with the child he would file a petition for legitimation. This is done after you have proven paternity and allows you to exercise your rights as a father.

 

If you are an unmarried parent and need to establish a legal relationship with your child you should contact a family law attorney to discuss your rights and options.

 

 

Tagged in: Marietta Attorney , Family Law Attorney Atlanta , Atlanta Divorce Lawyer , Atlanta Child Custody
Mary Stearns-Montgomery
Posted by: Mary Stearns-Montgomery
child dependency deduction

Raising children can be one of the most fulfilling life experiences you’ll have, but it can be expensive. That’s why the IRS offers parents a tax break, otherwise known as a “Child & Dependent Care Tax Credit” to alleviate some of these expenses. If you’re filing taxes for the first time after a recent divorce, you may question whether you or your ex-spouse should file for the child dependent deduction. Luckily, the IRS has specific guidelines to help you determine which parent should claim child dependency for tax purposes. Here are some quick tips about child dependency deductions:

  • According to the IRS: The IRS states that only one parent may claim a child for tax exemption, when you are divorced or separated. The IRS states that the parent who has physical custody of the child for the majority of the year is entitled to claim the child as a dependent.

If both parents have equal custody of the child then the parent with the higher income would be considered the custodial parent for tax purposes and receive the tax break.

  • How long can you claim a child: Once a child reaches the age of 19, they are considered an adult and neither parent is seen as having custody. If the child is attending college the dependency deduction may be given to the parent who is contributing one-half of the child’s support until they reach the age of 24.
  • Judge has no power: It is important to understand a judge cannot order either party the right to receive child dependency deductions.

The noncustodial parent can receive the deduction if the custodial parent agrees to relinquish their right to the deduction. The appropriate paperwork must be completed and filed before the noncustodial parent receives the deductions. Having an experienced family law attorney is beneficial to you during this process, and can help to ensure the most amount of money is staying within the family.

 

It is important to consult a tax professional to get all the details and fully understand child dependency deductions.

 

Tagged in: Spousal Support , Marietta Attorney , Family Law Lawyer , Family Law Attorneys Atlanta , Family Law Attorney Atlanta , Family Law Atlanta , Divorce Lawyer Atlanta Georgia , Atlanta Family Law Attorney , Atlanta Family Law , Atlanta Divorce Lawyer , Atlanta Divorce Attorney , Atlanta Child Custody , Alimony
Mary Stearns-Montgomery
Posted by: Mary Stearns-Montgomery

Being aware of your actions and words as a parent can single handedly alter the severity divorce has on a child.  From a legal perspective, the way a parent interacts with his or her child can influence child custody, visitation, and parental rights in Georgia. The courts are interested in determining which parent is acting in the best interest of a child, so it is imperative to act responsibly to protect your children’s emotions from the stresses of divorce. Here are a few suggestions of what not to say or do when communicating with your child about your divorce.

Avoid giving children too many “adult details”—It is important to consider your child’s age when speaking to him or her about your divorce. The majority of the time a child will not understand, nor do they need to know, if you are getting a divorce because of issues that relate to intimacy, money, abuse or addiction of any kind. It is best to leave the conversation as simple as possible with your child and not get into specifics.   Too many parents fall into the trap of thinking “hey my child asked me and I didn’t want to lie” and “I just wanted the child to know the truth” and “I didn’t think fast enough to think of something else to say”.  What you should say instead is “both your mom and your dad love you very much”.  And if you say it over and over again that will not hurt you, no matter how much you want to say something else.  As a matter of fact, watch closely as you say it and you will see the relief in the child’s body language.

 

Remind children that they still have a present mom and dad—Divorce can make a child feel like they are losing a parent, so it is imperative to express to a child that they will still have two parents present in their life.  Be sensitive, listen and make yourself available to discuss divorce in a mature way. Prove with your actions that you are present and available.

 

It’s not their fault—Reminding a child that they are not to blame for the divorce is essential to helping children cope with divorce. Children need to be reassured that they did not do anything wrong, and that divorce is an adult issue. Children tend to personalize divorce in many cases, so make it perfectly clear that they’re not at fault. 

Don’t ask them to choose sides—Asking a child to choose one parent over the other is not fair to the child and can result in resentment later on down the road. Furthermore, a court will tend to not give custody to the parent who is willfully jeopardizing the other parent-child relationship, as doing so is emotionally damaging.

Dogging out the other spouse- While going through a divorce is emotional, it is vital that the parents do not lash out at the other, or talk badly about each other in front of the children. It is unhealthy for the child to hear their mom or dad being called negative words by the other. Defaming your ex-spouse can also be held against you in court and can affect the outcome of a custody hearing.

When interacting with children, be merciful and kind, and remember that divorce is a problem between two adults.