Atlanta Divorce Law Group - June 2019

Take a look at our newsletter this month!

Is Legitimation What You Need? HEY, DADS! DO YOU HAVE THE PARENTAL RIGHTS YOU THINK YOU DO?

June 2019

The month of June is often filled to the brim with excitement. Amid preparing for several graduations, the first day of summer, and keeping the kids busy while they are home from school, make sure you’re able to set aside time to celebrate one of the best holidays this month: Father’s Day! There are all kinds of fathers in the world, but one characteristic that connects many of them is their love for their children. Unfortunately, if their child was born out of wedlock, there are some legal hoops dads have to jump through in order to ensure their paternal rights are recognized and verified. According to the Centers for Disease Control (CDC), 44.9% of all children born in 2017 were born out of wedlock. If you’re a father and you weren’t married to your current or former partner when your child was born, you have no right to custody or visitation rights in the state of Georgia until you get your child legitimized. In addition to your lack of parental rights, without legitimation, your kids will lose out on several rights of their own, such as these: family medical information, inheritance, Social Security benefits for you, and the ability to be placed in the care of your relative in an emergency situation. Contrary to popular belief, signing your child’s birth certificate, paying child support, and even obtaining a paternity test does not give you any legal rights to make decisions regarding your child’s care. In fact, many fathers have the unfortunate experience

of finding out that, even after taking all the proper steps, they are denied the opportunity to see their kids. Here’s the bottom line: Unless a child born outside of marriage is legitimized, the mother has all the authority.

While legitimation is extremely important in these kinds of family dynamics, the process itself isn’t too complex. You’ll have to file a petition with the superior court in the county where the child’s mother lives. Our attorneys recommend having a DNA test done prior to the filing, just to prevent any issues that could arise throughout the process. The petition will state basic information about the child and parents. It will also determine whether or not the father wishes to have the child’s last name changed. After filing, the mother will be served a copy of the petition and will have a designated time to either consent or object. At that point, a hearing is scheduled so a judge can issue an order. In the vast majority of cases, legitimation petitions are granted unless the mother can provide evidence to show that the father is unfit or has waited too long to start the legitimation process. Regardless of the specifics, in the end, your child will be given the opportunity to have an involved father in their life, which is an important aspect of every child’s experience. What’s more, having a close relationship with their dad means that your child will be able to fully celebrate every June when Father’s Day comes around! Let us make this process easier for you — give us a call. “There are all kinds of fathers in the world, but one characteristic that connects many of them is their love for their children.”

atlantadivorcelawgroup.com 678-203-9893

–Sara Khaki

1

678-203-9893

By Taking a Break From Your Phone ENJOY YOUR FAMILY TIME

Setting some time aside to be with family is important, but it can be difficult when everyone is always on their cellphones. Constant cellphone use has become a global problem, and the habit is hard to break because we rely on mobile devices heavily for work, school, and keeping in contact with friends and family. Luckily, there are plenty of apps that can reduce how often you’re on your phone and minimize distractions. SIEMPO After you install Siempo on your phone, it will ask which apps are likely to distract you. Once you select them, the app will move those apps away from the home screen and place the important ones, such as the messaging, contacts, email, and calendar apps, on the first screen. You can also designate times for specific apps to be used throughout the day. STAY FOCUSED Stay Focused is like Siempo, but there are some significant differences. You can set times to access certain apps and put the most distracting ones on lock. Stay Focused also has a “strict mode” that prevents you from uninstalling it,

• The divorce appraisal is the same as a mortgage appraisal in terms of confidentiality. No information regarding the appraisal or appraised value is shared with anyone other than the client who ordered the appraisal or their attorney, unless otherwise required by law. As with every other aspect of the divorce proceedings, make sure to follow your attorney’s advice and order the appraisal when they recommend doing so. If you wait until the last minute, you may be charged rush fees, and you want to avoid as many unnecessary fees as possible! So the next time you are ordering a divorce appraisal, be sure to specifically ask your appraiser which form they are going to use. If they say the URAR 1004, you need to insist that they use a GPAR form or you run the risk of presenting an invalid appraisal. If you have any other questions, you can also reach out to me at John.Gilmore@SunTrust.com. so be sure to think carefully before activating the lockdown because you won’t have access to those specific apps until the timer runs out. FOREST In the time that Forest takes control of your device for a set time limit, the app starts growing a tree. Once the tree is fully grown, your time is up, and it joins the other trees that were grown during other breaks. If you pick up your phone and try to access an app, Forest will send you a notification asking you if you want to kill your baby tree by giving up. Who says guilt isn’t a good motivator? BESIDES APPS Aside from using these apps, silencing your phone and putting it in another room, leaving it in your car if you’re out at dinner, or keeping it in your purse or back pocket during a social event can also reduce your screen time. Having your phone out of sight and out of reach will keep the temptation of pulling it out at bay. Spending time with your family is crucial, and with these apps and tips, you’ll enjoy each other’s company without too many screen distractions.

A Lesson on Marital Assets by One of Our Concierge Partners NOT ALL HOME APPRAISALS ARE CREATED EQUAL DURING DIVORCE PROCEEDINGS

As William Shakespeare once wrote, “A rose by any other name would smell as sweet,” but if you order the wrong appraisal for your divorce proceedings, it can really stink! Nearly 70% of all divorces involve real estate, and the family home is one of the most heated points of contention. Typically, the home is the largest marital asset and also comes with a strong emotional attachment for the parties involved. Whether you have decided to sell the home and move on or refinance to pay out the equity to your former spouse, you need to know its value — and that is where the appraisal comes in! For most people, their primary concern when they order an appraisal is the value of the home and what impact it will have on their case. They usually aren’t very concerned about how the appraisal report is done, as long as they can use it in court. And while most of us are accustomed to receiving residential mortgage reports on the Uniform Residential Appraisal Report (URAR) 1004 form, it is not intended to be used for valuation matters other than mortgage finance. This simple mistake could cost you time and

money, as the court may choose not to accept the appraisal on this form.

The best solution is to tell the appraiser that you are seeking the valuation for a divorce, and you need to order a General Purpose Appraisal Report (GPAR). Here are a few reasons this form will work best for you: The divorce appraisal sometimes has a retrospective date of value, meaning the appraised value is based upon a date in the past (such as the filing date, marriage date, separation date, or purchase date) rather than today’s date. • Often both the retrospective value and current market value are needed for divorce. The appraiser in a divorce situation may be asked to be an expert witness if the case goes to court, so it may be necessary to include additional research and data within the appraisal report to ensure that value and adjustments are clearly explained and supported. • •

–ADLG Concierge Partner, John Gilmore, Mortgage Loan Consultant

2

atlantadivorcelawgroup.com

IS THE BAR SET HIGHER FOR DAD? A Historical Overview of Fathers’ Roles in Custody Agreements

In honor of Father’s Day, our team wants to acknowledge all the amazing work that dads (married or single) all around the world do to provide for their children. Being a divorce firm, a great number of the cases our attorneys handle include a custody agreement. And while there have been several positive developments regarding state child custody laws over the last few years, inequalities in the laws still exist. When the American families of the original colonies initiated a divorce, laws granted the father sole custody of the children. But following the start of the Industrial Revolution in the 1800s, dads began working long hours in city factories while mothers often stayed home and took on more child-rearing responsibilities. Many believe this change in the family dynamic prompted the establishment of “the tender years doctrine” in 1873, a law which concluded that young children are best cared for by their mother. This notion was adopted by both English and American courts of law for an entire century. By the 1960s, as the rate of divorce in America continued to grow, so did activist groups fighting for fathers’ rights. This spurred psychological researchers to begin looking for ways in which fathers are necessary to a young child’s development. These psychological — and gender — equality movements regarding custody arrangements, coupled with

cultural movements involving more women joining the workforce, drastically changed the way the court viewed the role of the custodial parent. The “tender years doctrine” was replaced with what is now referred to as the “best interest of the child” standard. Currently, the custody policy of many states has become gender neutral and encourages the involvement of both parents. According to a study published through the University of Wisconsin, there have been sustained changes in mother-sole-custody cases over the past 20 years — down from 80% in 1986 to 42% in 2008. It now seems that joint custody is becoming more and more advantageous in the American judicial system. But while progressive and necessary steps have been taken to ensure that custody arrangements best reflect a child’s needs, there still exists an implicit bias that favors mothers as the custodial parent. The reality inside and outside of the courtroom is that while both mothers and fathers have to fulfill ample expectations to be considered excellent parents, the bar seems to be a bit higher for dads. Here at ADLG, because we acknowledge that this bias exists, we assiduously work with our clients to ensure that custody agreements really are in the best interest of the child. If you have any questions, don’t hesitate to reach out to us today. Concierge Partners’ Corner: Featuring Private Divorce Coach ShannonMcGorry

WHAT OUR Clients Are Saying!

Our dedication doesn’t end when a client’s legal matter is complete. We will be there for you as you begin your new life. For this reason, we’ve compiled a list of true partners we have built relationships with and trust to provide our clients with great services at fair prices.

“During our free consultation, every single member of the Atlanta Divorce Law Group team went out of their way to make my new husband and me feel at ease. We had spent many months dealing with a pending custody battle with my former spouse concerning our teenage daughter and our 11-year-old son. The ADLG team was calm, diplomatic, and engaging, and they knew how to get to the heart of the complex issues quickly and clearly. My new husband and I are quite impressed and are happy new prospective clients.” –Annie B.

The concierge partner we’d like to introduce this month is Shannon McGorry, Private Divorce Coach

and creator of Redefining Your Divorce with Love, Strength, and Grace. Shannon’s passion is helping women transition through the “unexpected” divorce, meaning that she aims to help her clients gain clarity about the decision, utilize tools to process emotions, and develop skills to empower

themselves proactively. Because Shannon is professionally certified and has walked the divorce path herself, she has a wealth of helpful and encouraging knowledge to share. If you think that Shannon’s coaching services might help you, you can either reach our ADLG team or contact her directly at shannon@lovestrengthandgrace.com.

3 678-203-9893

PRST STD US POSTAGE PAID BOISE, ID PERMIT 411

atlantadivorcelawgroup.com 678-203-9893

3510 Old Milton Parkway Alpharetta, GA 30005

Inside This Issue

1 2 2 3 3

Some Timely Father’s Day Information!

Take a Break From Your Smartphone

A Lesson on Marital Assets by One of Our Concierge Partners

The History of Custody Agreements

What Our Clients Are Saying!

4

ADLG’s ‘Big Little Lies’ Series: Season 1, Episode 2 Recap

ADLG’s ‘Big Little Lies’ Series: Season 1, Episode 2 Recap Family Law Theme: Domestic Violence

In preparation for the new season of “Big Little Lies,” which will be released on June 9, the team at Atlanta Divorce Law Group is launching a new blog series to extrapolate numerous family themes addressed in season one. Below is a condensed recap of the second blog. “Big Little Lies” presents the audience with a number of family law themes, but it is in episode two, “Serious Mothering,” that viewers are first introduced to issues related to domestic violence. This may be one of the first big little lies of the series — that while Celeste and Perry outwardly appear to be the perfect family, the couple is

actually dealing with dangerous and violent abuse. As audiences will learn in subsequent episodes, Perry often delivers the first physical blow, but both Perry and Celeste participate in the violence and the triggering of the other partner. Frequently, the physical fights devolve into very aggressive sex. The encounters are difficult to watch, but domestic violence is a family law issue that must be addressed. According to the U.S. Department of Justice, each year, close to 3 million Americans are victims of physical violence by a partner. Domestic violence, also called domestic abuse, is defined as a pattern

of behavior in which one partner in an intimate relationship (e.g. marriage) tries to control the other partner. This control can manifest as insults, jealousy, intimidation, or isolation. Fear is also a common trait of domestic abuse; one partner is always fearful about doing or saying the wrong thing around the other. For Celeste and Perry, the abuse is primarily physical, but domestic violence can also be emotional, verbal, financial, or digital. It can also happen to anyone, no matter their gender, age, race, religion, relationship status, or sexual orientation. If you, or someone you know, is being abused by a partner, there are several resources available such as the National Coalition Against Domestic Violence, the National Domestic Violence Hotline, and the Partnership Against Domestic Violence. Atlanta Divorce Law Group can also help the victim(s) in seeking a Temporary Protective Order (TPO). To read about the family law themes present in the second episode, or to see some foreshadowing present in “Serious Mothering,” be sure to go to AtlantaDivorceLawGroup.com/Blog.

4

atlantadivorcelawgroup.com

Page 1 Page 2 Page 3 Page 4

atlantadivorcelawgroup.com

Made with FlippingBook - Online magazine maker