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October 2016 Archives

The difference in legal and physical custody in Georgia

Parents who have a child together generally want the best for their offspring. In a perfect world, they would always agree on what constitutes 'the best' and what steps need to be taken so that the child attains it. Unfortunately, in the real world, parents often have differing ideas about how a child needs to be raised, and while this can cause friction during a marriage or other relationship, it may really become a problem if the parents divorce or split up.

What is the 'source of funds' rule in Georgia family law?

This blog has previously discussed some of the basics of property division in a Georgia divorce. For instance, we have touched on the concept of "equitable distribution," which holds that any property considered "marital property" should be divided fairly between the parties. We have also noted that "fairly" does not necessarily mean "equally" in such cases. One major stumbling block that parties to a divorce may encounter when it comes to property division, however, is a large asset, such as a family home, especially if it is not entirely either separate or marital property.

Who can access adoption records in Georgia?

A previous post here discussed the use of post-adoption agreements that may allow adopted children to have contact with, and possibly even personal visitation with, a birth parent. We touched on some of the reasons people and the state may wish to allow these types of agreements. However, in many cases, birth parents either don't wish to be involved with the child once adopted, or have abandoned the child to the state or a private agency. In these instances, Georgia may have an interest in protecting the privacy of biological parents to encourage them to give children up for adoption if it is in the child's best interests.

Settling a divorce is often the best option

The emotional effects of the end of a marriage are fairly well documented. Regardless of whether a person initiates the proceedings or it is begun by the other party, the feelings that Georgia residents have regarding this tumultuous period in their lives often affect their reasoning abilities. Even when a break-up is relatively amicable, the sense of loss of a significant part of a person's life can make objectivity difficult.

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