Most Atlanta area Court hearings are held remotely by Zoom or WebEx.  Hindson & Melton has processed COVID divorces with great success, settling cases promptly and efficiently when the parties are motivated to get it done.  Mediations are conducted safely and remotely with each party and lawyer dialing in from their preferred location – home or office.  Our experience during COVID has been that lawyers have cooperated to try to accommodate each individual’s health and safety concerns and cooperated to try to achieve out-of-court settlements acceptable to all.  Court personnel are appreciative of the parties working to resolve their issues cooperatively, saving judicial resources for cases that need emergency attention and intervention.  In our experience, the metro Atlanta Courts are processing our settlement agreements and issuing final divorce decrees quickly.  Where a final hearing is needed, the Courts have scheduled virtual hearings and ruled on the spot so the case can be finalized.

Are both parties required to have attorneys to get a divorce?  Not necessarily.  Ethically, an attorney can represent only one side of a divorce case.  Representing both parties would be a conflict of interest for the lawyer.  However, it is possible for one party to be unrepresented during settlement discussions if he or she is comfortable doing so – reserving the right to have a separate attorney review settlement documents prior to committing to the terms.

An experienced attorney can help you “cut to the chase” on financial and parenting issues.  Having a good idea of what would happen if you went to Court gives you information you need to resolve the case by agreement – often saving thousands of dollars in attorneys fees.

Hindson & Melton is open for business.  We can meet with you in person at the office in a large socially-distanced conference room (with masks), outside in our office courtyard seating area, over the phone, or via Zoom.  Call 770-939-3936 to schedule an appointment with Karen Hindson, or 770-512-8383 to schedule an appointment with Joy Melton.  We look forward to serving your legal needs with forthright advice, kindness, and compassion.

Karen S. Hindson 9-4-2020

Funding a Roth IRA for teenager with earned income…   #coolthings

10,000 steps a day   #coolthings

Revocable trust income taxed to the grantor (at grantor tax rates, not trust tax rates) during lifetime under grantor trust rules if grantor or spouse is trustee   #coolthings 

Dunwoody Police Department   #coolthings

Stepped up basis for assets transferred at death to fair market value at owner’s date of death…   #coolthings

Paying it forward…  #coolthings

Holding Georgia principal residence in a revocable trust doesn’t change your eligibility for homestead real property tax exemption    #coolthings

Anonymous good deeds    #coolthings

Revocable trust a good tool for disability/incapacity planning   #coolthings 

No drama   #coolthings

Revocable trust a great tool if you own property in several states   #coolthings

SEC football   #coolthings

Do it before the new year   #coolthings

If you want what normal people have, do what normal people do.   We’ve got to stop making a dent and start making a difference.  #coolthings

Karen Hindson,  Hindson & Melton LLC,   November 9, 2014

What is Intimate Partner Violence?

Intimate Partner Violence (IPV) is defined in the 2009 protocol as “a pattern of coercive behavior including physical, sexual, financial, and psychological abuse of one partner by the other partner.  This includes the establishment of power and control by one partner over another in the context of a current or past intimate or romantic relationship.”  Often, victims are embarrassed to admit the truth to friends or family. This is especially true if the victim is not willing to separate from the offender or call law enforcement.  The victim may be afraid of threats made by the abuser, the victim may believe the abuser’s promises to change, or the victim may be financially dependent on the abuser and see no way out.

Mandatory Reporters

Georgia law makes physicians, nurses, security personnel, and others involved in patient care at a medical facility “mandatory reporters”.    If a mandatory reporter has cause to believe that a patient’s injury or injuries are not accidental, they are required to notify local law enforcement.  The Georgia statute that establishes the duty to report, OCGA §31-7-9,  also gives the reporter immunity from liability for reporting.

Legal Definition of Family Violence

How does Georgia law define family violence?  It goes beyond violence between intimate partners or spouses.  The law is OCGA§19-3-1; it includes past or  present spouses, parents of the same child, parents and children, foster parents and children, stepparents and children, or other persons living or formerly living in the same household.  Any felony, simple battery, simple assault, battery or assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass can constitute family violence and is a crime.

Leaving a violent relationship can be a difficult and dangerous process.  Safety planning is key and resources are available to help.

Georgia Commission on Family Violence Screening Protocol for Medical Facilities

Georgia intimate partner violence screening protocol guidelines include:

• an injury not likely to be caused by the event reported
• an injury occurring during pregnancy
• seeking treatment for an injury one or two days after the incident
• minimizing the seriousness or frequency of injury
• multiple injuries in various stages of healing
• repeated visits to medical providers or emergency  departments, especially if the severity of injury is increasing
• attempted suicide, drug overdose, or self-mutilation
• an overly aggressive or attentive partner
• undetermined sources of medical or psychological complaints, unexplained illnesses or pains, sleep disorders or lack of appetite.

Family Violence Hotline

There is a 24 hour hotline for emergency shelter or information on family violence, dial 1-800-799-SAFE.

Your familiarity with the indicators of intimate partner violence could save a life.  Know the signs.

© Karen S. Hindson, Hindson & Melton LLC, November 8, 2014

ALSO SEE:

• Custody When One Parent Dies
• Georgia Separation versus Divorce
• Cognitive Behavioral Therapy

This is a great horse.  I like the looks of his velvety coat, gentle eyes, and the contrasting color at the edge of his ears.   I like the carefree manner in which his mane blows in the breeze.  I like his confidence and apparent strength.  But I also like the fact that he isn’t too “alpha” to play nice with the other horses.  This horse will cross the pasture to greet me – whether or not I bring carrots.  He is accessible and friendly.  This is a really great horse.

   It occurs to me there is much I can learn from this horse.   Perhaps take care that my eyes remain gentle…when dealing with difficult people.  Perhaps exercise more patience…observing cues and absorbing information I otherwise miss.   I should definitely make it a practice to enjoy the breeze – just because it’s pleasant.  If I embrace the journey (across the pasture) to engage a client, opposing counsel, or the stranger at the fence, I won’t have regrets about  missed opportunity.  I’d do well to maintain my strength and confidence.

 With respect to divorce, it is helpful to check your perspective.   While you cannot control another’s words or actions, you can work on your response.  Tools are readily available to  help identify and change any negative “self talk” or thought patterns.   A positive outlook makes an enormous difference in your perception of your situation — and your ability to bring all of your skills and strengths to the table.  If you are considering divorce and are anxious, angry, obsessed, or generally miserable, consider a few sessions of cognitive behavioral therapy.  

It also helps to find a great horse.

© Karen S. Hindson, Hindson & Melton LLC    July 4, 2014

ALSO SEE:

• DIVORCE COGNITIVE BEHAVIORAL THERAPY
• BASKETBALL, DIVORCE, AND MAGICAL THINKING
• GEORGIA CHILD CUSTODY – BEST INTEREST OF THE CHILD    

The Georgia Supreme Court, in the case of Worley v. Whiddon, 261 Ga. 218, confirmed that since visitation is part of custody, the wishes of a 14 year old regarding visitation are important. But the trial court still has authority to set visitation rights based on the best interests of the child, including not only the child’s wishes but also other factors.

Court has supervisory power over child’s decision

The court essentially has supervisory power over a 14 year old’s decision not to visit the noncustodial parent. This supervisory power protects both the child and the noncustodial parent from coercion by the custodial parent.

As a practical matter, if you have a child over age 14 who wants not to visit the noncustodial parent, you should file a petition to modify visitation if you support the child’s decision. Otherwise, you could be subject to a contempt action regarding visitation.

If you are a noncustodial parent whose child does not want to visit you, your course of action may depend on whether you believe the child is making an independent judgment or acting under coercive influence of the custodial parent. Counseling involving the child and the noncustodial parent can be of assistance in navigating conflict that interferes with positive visitation experiences. Optimally, the parties and the child together decide on terms of a modification that takes the child’s wishes into consideration and continues contact with the noncustodial parent.

Parents who rigidly enforce their schedule and other “rights” without consideration of their child’s wishes or feelings are making a mistake. As a child nears adulthood, each parent must begin to navigate their relationship with their child independently of the other parent and the court’s enforcement powers.

Hindson and Melton LLC can assist you in evaluating your best course of action. We represent both mothers and fathers.

© Karen S. Hindson, Hindson & Melton LLC February  4, 2014

ALSO SEE:

• CHILD SUPPORT MODIFICATION AND CONTEMPT OF COURT
• CUSTODY ELECTION 14 YEAR OLD
• CUSTODY ELECTION 14 YEAR OLD – PARENTING PLANS

O.C.G.A. § 19-9-6 includes the following definitions regarding joint custody:

“Joint custody” means joint legal custody, joint physical custody, or both joint legal custody and joint physical custody. In making an order for joint custody, the judge may order joint legal custody without ordering joint physical custody.

“Joint legal custody” means both parents have equal rights and responsibilities for major decisions concerning the child, including the child’s education, health care, extracurricular activities, and religious training; provided, however, that the judge may designate one parent to have sole power to make certain decisions while both parents retain equal rights and responsibilities for other decisions.

“Joint physical custody” means that physical custody is shared by the parents in such a way as to assure the child of substantially equal time and contact with both parents.

“Sole custody” means a person, including, but not limited to, a parent, has been awarded permanent custody of a child by a court order. Unless otherwise provided by court order, the person awarded sole custody of a child shall have the rights and responsibilities for major decisions concerning the child, including the child’s education, health care, extracurricular activities, and religious training, and the noncustodial parent shall have the right to visitation or parenting time. A person who has not been awarded custody of a child by court order shall not be considered as the sole legal custodian while exercising visitation rights or parenting time.”

Frequently, agreements between parents provide for joint legal custody with one party being the primary physical custodian of the children. One parent may have final decision-making authority for all issues concerning the children, or the decision-making can be divided with each parent having final authority over different areas (such as education, health care, extracurricular activities, or religious upbringing).

Who decides custody issues?

The decision of who will have custody can be made in several ways:

• by the parents as a result of their discussions, or
• by the parents with the help of their lawyers, or
• by the parents with the help of a mediator (who has no authority to make a decision), with or without attorneys participating, or
• by the parents agreeing to binding arbitration on child custody and related matters, or
• by the judge after a hearing or trial.

Many law firms, including Hindson & Melton LLC, will work collaboratively to assist parties seeking amicable custody agreements that are in the children’s best interests. For more information, or to discuss your Georgia child custody questions, contact Atlanta area lawyers Hindson and Melton LLC.

© Karen S. Hindson, Hindson & Melton, LLC   January 22, 2014

ALSO SEE:

• PARENTING PLAN REQUIRED FOR ALL GEORGIA CUSTODY CASES
• COLLABORATIVE DIVORCE
• DIVORCE COGNITIVE BEHAVIORAL THERAPY

Parenting plan contents

The Georgia legislature has specified what must be included in a parenting plan. O.C.G.A. § 19-9-1(b)(2) includes the following requirements:

“Unless otherwise ordered by the judge, or agreed upon by the parties, a parenting plan shall include, but not be limited to:
(A) Where and when a child will be in each parent’s physical care, designating where the child will spend each day of the year;
(B) How holidays, birthdays, vacations, school breaks, and other special occasions will be spent with each parent including the time of day that each event will begin and end;
(C) Transportation arrangements including how the child will be exchanged between the parents, the location of the exchange, how the transportation costs will be paid, and any other matter relating to the child spending time with each parent;
(D) Whether supervision will be needed for any parenting time and, if so, the particulars of the supervision;
(E) An allocation of decision-making authority to one or both of the parents with regard to the child’s education, health, extracurricular activities, and religious upbringing, and if the parents agree the matters should be jointly decided, how to resolve a situation in which the parents disagree on resolution;
(F) What, if any, limitations will exist while one parent has physical custody of the child in terms of the other parent contacting the child and the other parent’s right to access education, health, extracurricular activity, and religious information regarding the child; and
(G) If a military parent is a party in the case:
(i) How to manage the child’s transition into temporary physical custody to a nondeploying parent if a military parent is deployed;
(ii) The manner in which the child will maintain continuing contact with a deployed parent;
(iii) How a deployed parent’s parenting time may be delegated to his or her extended family;
(iv) How the parenting plan will be resumed once the deployed parent returns from deployment; and
(v) How divisions (i) through (iv) of this subparagraph serve the best interest of the child.”

Parenting plans are often developed by the parties and their lawyers at mediation. Sometimes the parties are able to agree on all of the essential terms in discussions between themselves. Our firm can provide sample plans to guide your discussions. We can also offer suggestions to address any specific issues or concerns you may have to protect your child’s best interest.

© Karen S. Hindson, Hindson & Melton LLC.   January 12, 2014