Stahl Law Group, P.C.Cartersville Family Law Attorney | Marietta Criminal Defense2024-03-13T13:11:37Zhttps://www.stahl-law.com/feed/atom/WordPress/wp-content/uploads/sites/1401051/2023/06/cropped-site-iconsii-32x32.jpgOn Behalf of Stahl Law Group, P.C.https://www.stahl-law.com/?p=505222024-03-13T13:11:37Z2024-03-13T13:11:37ZSummer can challenge co-parents, partially because they may need childcare and must figure out how to handle vacations. When co-parents can work as a team, they can make this time enjoyable for everyone.
Remain flexible
Summer is an ideal time for co-parents to embrace flexibility in their parenting schedules. While maintaining a consistent routine is important for children, summer offers unique opportunities for travel, camps and other activities that might not fit into the standard school-year schedule. Open communication and a willingness to compromise are key. To keep track of changes and commitments, it may be beneficial to use shared digital calendars.
Prioritizing open communication
Effective communication is the cornerstone of successful co-parenting. Co-parents should strive to communicate openly and respectfully about plans, expectations and any changes that might arise. This includes discussing travel plans well in advance, coordinating enrollment in summer camps or activities, and informing each other about any day-to-day changes that might affect the children.
Focusing on the children's needs
Co-parents can make co-parenting easier by keeping the focus on their children's needs and interests. This means actively listening to children's wishes for the summer and finding ways to support their hobbies, interests and friendships. Whether it's facilitating attendance at a desired camp, planning visits with extended family or simply ensuring downtime is available for relaxation and play, decisions should be made with the children's happiness and well-being as the priority.
Creating new traditions
Summer offers a perfect opportunity for co-parents to create new traditions with their children. These can be simple activities or elaborate outings, but the goal is to build positive memories and reinforce the bond between parent and child. Sharing these plans and experiences with the other parent can also help maintain a sense of inclusivity and mutual respect for each other's roles in the children's lives.
It’s best if the basic guidelines for summer are included in a family’s parenting plan. This will help to clarify the information that everyone in the family will need for a successful summer.]]>On Behalf of Stahl Law Group, P.C.https://www.stahl-law.com/?p=505102024-01-23T14:48:26Z2024-01-23T14:48:26ZEqual rights of parents
In most cases, both parents have equal rights to their children if/until a court says otherwise. This means that, legally, one parent can’t deny the other parent access to their children without a court order stating they have the right to do so. Both parents have the same legal authority to make decisions regarding their child's welfare and living arrangements. However, the situation can become complicated, and several factors must be considered during this transitional phase of a divorce.
Emergency situations and safety concerns
In certain emergency situations, a parent might be justified in denying access. If there is immediate concern for the child's safety, such as if abuse or neglect are concerns, a parent may protect the child. In such instances, it's vital to seek legal advice and possibly involve law enforcement or social services if necessary.
Quick legal intervention is crucial to ensure that any protective actions are within legal bounds and to facilitate the establishment of a formal custody arrangement that addresses these safety concerns. Putting the children’s safety first is crucial in these cases.
During a divorce, particularly before a custody order is in place, both parents should learn what’s allowable in the eyes of the law. In some cases, it might be necessary to proceed with filing for a temporary custody order. Having someone to help navigate through these matters is critical for everyone involved.]]>On Behalf of Stahl Law Group, P.C.https://www.stahl-law.com/?p=505082023-12-13T14:52:10Z2023-12-13T14:52:10ZKeep personal records
Sometimes, there will be a very clear documentation trail for custody order violations. One parent may email the other to cancel their scheduled parenting time or send notice via a parenting app. If there aren't authoritative written records of canceled or changed parenting arrangements, then one parent may need to create such records. Written documentation of every canceled or delayed visit can help establish that one parent has not let the other see the children or has frequently failed to show up for their own parenting time. Those records can make a major difference if the matter needs to go back to family court.
Ask for a modification
Some parents only ask for time with their children to avoid child support. If one parent can show that the other has not shown up as scheduled and has also failed to request makeup parenting time after missing sessions with the children, the courts may agree to alter the custody order. When a parent does not make spending time with their children a priority, the courts may reduce the number of overnight visits they get. A modification can diminish the disruption and disappointment that the children experience.
Request enforcement
In the opposite scenario where one parent refuses to let the others spend time with the children, the family courts can potentially help. They can ask the courts to enforce the existing order. Custody enforcement actions can lead to an order for make-up parenting time or even a custody modification. The courts can also sometimes hold one parent in contempt of court because they have repeatedly denied the other time with the children without justification for doing so.
Oftentimes, parents facing custody order violations will need to talk with a lawyer even if they previously tried to handle their family law matters on their own behalf. Taking specific, thoughtful steps when dealing with a custody conflict can make a big difference for frustrated parents in Georgia.]]>On Behalf of Stahl Law Group, P.C.https://www.stahl-law.com/?p=505062023-11-20T00:34:43Z2023-11-20T00:34:43Zqualified domestic relations order (QDRO) and how one is used.
What’s a QDRO?
In essence, a QDRO is a legal order that specifies exactly how retirement funds are to be divided between divorcing spouses. They’re used to establish and enforce the rights of an alternate payee (the spouse whose name is not on the account) to receive their portion of the retirement benefits earned by the participant in the plan. The QDRO specifies either the exact amount or the percentage of the retirement benefits that are to be paid to the alternate payee. The QDRO also provides the plan’s administrator with instructions on how to distribute those benefits.
One of the chief benefits of a QDRO is that it protects the non-owner spouse’s interest in the retirement funds and allows those funds to be transferred to the non-owner spouse without the penalties that would normally occur without such an order.
How is this possible? Well, like many other states, Georgia follows an equitable distribution model when a divorcing couple has to divide their assets, and that emphasizes fairness. In cases involving long marriages, the funds in one spouse’s 401(k) may have been meant to provide for both halves of the couple in their golden years, and the money in that account was culled from marital funds. It’s only fair to make sure that the non-owner spouse receives an equitable share.
It’s important to note that a QDRO has to be approved by the retirement plan’s administrator to be put into effect, and the order has to be specifically tailored so that it doesn’t require anything not permitted by the plan itself. Because these can be complex and there’s so much on the line, it helps to discuss how retirement funds can be divided early in the divorce process by seeking legal guidance as proactively as possible.]]>On Behalf of Stahl Law Group, P.C.https://www.stahl-law.com/?p=505002023-09-20T10:45:44Z2023-09-20T10:45:44ZIt’s all about the equity in the marital pot
Georgia is an equitable distribution state, so that means that the court will aim to divide the marital assets fairly. Assuming that all of the real estate you and your spouse own was acquired during the marriage, you each deserve a share of the total equity.
Since you can’t divide anything until you know what it’s worth, the first step is to have each property appraised. You and your spouse can either use the same appraisal by agreement or pay for separate appraisals so that you can compare the two.
Once you’ve fixed the value of the equity (the property’s current market value minus anything you still owe on it) in each property, you have a couple of options:
You can sell all the property and divide the proceeds. This is the easiest solution for a lot of couples, since it allows both sides to “cash out” their investment and walk away. That cash can be helpful when starting a new life, and many couples don’t want to be tied down to a specific property when they’re ready to move on. It may also be the only solution if you cannot agree to divide the property any other way.
Each of you can keep one property. If you can agree on who should get each piece of property, you can each refinance the property you want into your own names so that it ceases to be jointly owned. Refinancing will also allow you to pay off the old mortgage and free up some cash that can be used to even out any disparities in equity that exist.
For example, imagine that your main home has $300,000 in equity and your vacation home has $200,000 in equity. You wish to keep the main home and your spouse wants the vacation home. You would likely need to pay your spouse $50,000 (one-half of the difference between the equity in the home you’re keeping and the equity in the home they’re keeping) in cash or by giving up other assets (stocks, bonds, collections or anything else with real value) in your settlement.
This is a relatively simple explanation of what can happen when you’re dividing up multiple properties, and it doesn’t take into account situations where some properties were acquired prior to marriage or situations where it seems unfair to divide property equally. To understand how things are likely to work in your case uniquely, it’s wise to seek personalized legal guidance.]]>On Behalf of Stahl Law Group, P.C.https://www.stahl-law.com/?p=504962023-09-06T19:33:34Z2023-09-06T19:33:34Zprofessionals note that co-parenting is most successful when the parents focus on positive communication techniques. This approach reduces the likelihood that children are exposed to parental conflict. This is important because exposure to parental conflict is tied to an increased risk of psychological and behavioral issues in children after divorce.
Those who choose to co-parent will face hurdles and few are as challenging as the start of a new school year. With a new school year, come new extracurricular activities and changes to schedules. Parents will need to review the opportunities for their children with the scheduling demands and determine what works best for their family unit. These activities are not what they once were. Orchestras, choirs, soccer clubs, hockey teams, theater groups, debate clubs, robotics, basketball, football, and other opportunities can include extensive travel and time commitments. Each family unit will need to balance the opportunities and child’s interest level with their ability to commit to the expectations of the group before moving forward.
It is also important to keep in mind that parents generally want to encourage their children to pursue their interests. This can make these types of conversations especially difficult to navigate as these desires can lead to high emotions during the conversation. Co-parents can increase the odds of a positive transition with the following tips:
Remember the importance of positive communication. As noted above, the key to success is positive communication. Keep the information flowing between both parents to help better ensure everyone is aware of the schedules and available extracurricular opportunities for the children.
Consider tech. There are various apps that can help to keep track of our schedules. Online calendars are a great option and can allow parents to update changes to rehearsals and practice locations in real time.
Take a breath. Acknowledge that every family struggles to balance it all — you are not alone.
These tips can help to guide the conversation. Legal guidance can also help if the issue escalates.]]>On Behalf of Stahl Law Group, P.C.https://www.stahl-law.com/?p=504582023-07-25T12:55:30Z2023-07-25T12:55:30ZAccommodations and understanding at school
The divorce of parents often leads to a decline in academic performance. Students may become disengaged in the classroom or may simply have a harder time making studies their top priority. Notifying the school about the upcoming divorce is important. The school’s offices may need to know the details of the custody arrangement, including who has the authority to pick up the children from school. More importantly, the teachers who directly interact with the children and any support professionals at the school, like the counselor, may also need to know about the divorce. That way, they can adjust how they respond to academic issues and behavioral concerns more appropriately.
Professional or social support
Many children trying to process the news of a parental divorce would benefit from having professional guidance. A counselor, psychologist or therapist could play a very important role in helping a child process their emotions and develop the coping skills that will make it easier for them to handle their emotional reaction to their changing family.
There could also potentially be a local support group where children play or meet up to talk about the feelings they have related to divorce. Cooperating with the other parent to get a child therapy or make their regular attendance at a support group of priority can be beneficial.
Parents may also want to communicate with the extended support network for their child, including the family and any churches or social organizations that are important to the family. For young adults struggling with the idea of their parents divorcing, having the emotional support and guidance of adults that the children respect but who are not directly involved in the divorce can make a big difference.
Helping children in a family connect with appropriate support can significantly reduce the negative impact that divorce has the potential to inspire. Seeking legal guidance to better ensure that kids’ best interests are honored during divorce negotiations or litigation is important in this regard as well.]]>On Behalf of Stahl Law Group, P.C.https://www.stahl-law.com/?p=504562023-06-16T10:36:00Z2023-06-16T10:36:00ZThere are many different types of distraction
First and foremost, it’s important to note that distraction is common because it comes from so many different sources. This makes it almost impossible for drivers to avoid when they get in the car. For example, someone could be distracted by a passenger who is riding in the vehicle with them. They could also be distracted simply by looking at their GPS and trying to figure out where to make the next turn. Parents are often distracted by their children. Most people listen to music in the car, at least some of the time, and that can also be a major distraction. Even outside factors like billboards can pull someone’s attention away from the road.
Electronic device addiction
Next, the role of electronic devices like smartphones can’t be ignored. These are often responsible for driver distraction, and part of the reason for this is phone addiction. Drivers know that they shouldn’t look at their phone, but they do it because they’re essentially addicted, which can lead to significant problems. Drivers may find that they’re using their phone more and more often, always turning to the phone when becoming bored, thinking they feel the phone vibrating when it isn’t, etc. These are signs of potentially consequential screen addiction.
Seeking financial compensation
Even drivers who are able to avoid distraction themselves could be seriously injured by others who are distracted. Under these circumstances, seeking legal guidance in order to pursue justice and compensation is generally wise.]]>On Behalf of Stahl Law Group, P.C.https://www.stahl-law.com/?p=504322023-05-21T23:43:18Z2023-05-21T23:43:18ZParents adjust and compare incomes
The monthly income of each parent includes all sources of income other than welfare benefits. An individual needs to determine their gross pay and then make certain adjustments. For example, if someone has an existing child support order or different beneficiaries, that support amount will reduce their adjusted income.
The courts then add compare the adjusted income of both of the parents to determine the percentage of income earned by each parent. That, combined with the monthly support obligation established by the state based on income, will help determine how much one parent pays in child support. The courts will also look at the division of parenting time and special needs within the family when setting support levels. Current financial contributions by either parent may also influence what a judge decides is the right amount of support.
Judges may also consider a parent's choice to cover certain costs including:
life insurance
health insurance
school tuition
travel expenses for custody exchanges
Even unusually high- or low-income levels can potentially influence what a judge believes is reasonable for a family.
What if the support amount doesn't seem appropriate?
Family circumstances change, and child support may need to change as well. When the situation for the parent receiving support or paying support changes significantly, the support order may need to adapt to reflect those developments. Either parent can potentially request a review and a support modification when the current calculated amount no longer reflects the family circumstances.
Seeking legal guidance to learn more about the basics of child support in Georgia can help those who are expecting to receive or pay support in the near future.
]]>On Behalf of Stahl Law Group, P.C.https://www.stahl-law.com/?p=504302023-03-28T06:57:02Z2023-03-28T06:57:02Zpaternity test to verify your status as your child’s biological father. This verification could become very important in a scenario wherein your former partner is denying your custody rights. It could also be important if you believe you are not the father, but your partner is asking you to pay child support. Either way, a DNA test can clarify the situation and help to establish your legal rights either way.
Courts generally prefer shared custody
One thing that is important to understand is that modern courts tend to focus on shared custody arrangements. Some fathers believe that mothers are always given custody rights. It was more common for mothers to have physical custody in the past, as they were seen as caretakers for the children while men were seen as the main breadwinners. But studies have shown how important it is for children to spend time with both of their parents, so modern courts no longer intentionally express gender-based bias.
This shift does make things a bit fairer for fathers. However, it was not necessarily implemented with fathers in mind. Instead, courts are now compelled to focus on the child’s best interests when settling contentious family law matters that affect children. Since it is generally better for children’s development if they see both of their parents, the court will err on that side regardless of what the parents would prefer. Only serious issues, like abuse, will likely shift a court’s preference toward sole custody.
Exploring your options
Family law matters can get complicated quickly, especially if there are questions about paternity or disputes between you and your former partner. You’ll want to explore your options with a legal professional and make sure you know what legal steps to take in order to protect your rights if you’re navigating a contentious situation involving a child.]]>