A Guardian ad litem (GAL) is a person a court of law appoints to investigate what solutions would be in the best interests of a child. This article discusses the Guardian ad Litem in a divorce or parental rights and responsibilities case.

The Guardian ad Litem will look into the family situation and advise the court about issues such as:

• Where the children should live most of the time
• What contact the child should have with the other parent
• Whether the child is being harmed by one parent’s alleged substance abuse

In a court of law, Guardian ad Litem literally means, “guardian for the suit.” In the state of Georgia, a guardian ad litem is an attorney or non-attorney appointed by a judge that will assist the Court in determining the circumstances of the situation. A guardian is empowered by the court to investigate all relevant matters, such as living conditions and family relationships, in order to make a recommendation to the court as to what would be in the best interests of the child. These decisions would concern placement, visitation, and other matters ruled upon by the court.

Do I Really Need a Guardian ad Litem?
If you and your spouse have already come to an agreement regarding custody and visitation a Guardian ad Litem would not be recommended. A Guardian ad Litem is not recommended for spouses with only minor disagreements regarding custody and visitation.

What to expect from the Guardian ad Litem?
The parties in a divorce are often battling for custody and can be wrapped up in his or her case along with their respective grounds for claiming custody. Having a Guardian ad Litem will help ensure that a non-biased party provides assessments that will lead to what is best for the children.

You can expect the Guardian ad Litem to conduct a thorough investigation into the life of the children.

Such investigation could include:
• Home visits
• Interviews with the children
• Parental interviews without an attorney
• Consultation with the parent’s attorney
• Interviews of character witnesses, care providers, teachers, etc.
• A review of medical and school records

The Guardian ad Litem process can be difficult and tiring. They are appointed broad powers in gaining access to relevant information to the children, which can feel intrusive.

It is in the best interest of all parties that parents work with the Guardian Ad Litem to provide honest and accurate information. Records and access to needed materials will help them make an appropriate and responsible recommendation.

Based upon their findings, the guardian will usually make a report to the court recommending a specific outcome. The GAL can also present the report to the parties before a trial. A properly presented report can lead to settlement of the issues without the necessity and expense of a trial.

Note that the parties do not have to accept the guardian’s report. If this is the case, they can present their own witnesses and evidence in court.

The Judge will make the final determination on the children’s arrangements.

How much does a Guardian Ad Litem cost?
A guardian does charge for their services. Most guardians have a standard hourly rate for work performed as a Guardian Ad Litem. They typically require a retainer fee up front. Their fees should be clearly defined and discussed between both parties.

Who pays for the Guardian Ad Litem?
Once fees for the GAL are understood the parties should agree who will pay for the Guardian Ad Litem. One party may choose to do so in full or the parties will decide how the fees will be split. If the parties cannot agree the judge will decide how much each parent will pay the Guardian Ad Litem. The Guardian Ad Litem can be paid at their appointment or at the conclusion of the case.

Charlton & Glover Are Here To Help
You need a knowledgeable attorney who understands the nuances of custody matters in the state of Georgia. If you live in the Roswell or Alpharetta area, the experienced divorce and child custody attorneys at Charlton & Glover are ready to help you. Call us at (770) 993-1005 to schedule a free initial consultation.

You might think that prenuptial agreements are only for very wealthy people. However, anyone with personal assets, business assets, liabilities, property, inheritance or children from a previous marriage should consider entering into a prenuptial agreement.

Let’s define a prenuptial agreement: It is a legally binding contract created by two people before they marry. The agreement will define such issues as the property brought into the marriage by each person and any property acquired during the marriage and, what the property rights of each will be should they divorce.

Personal & Business Assets Owned Prior to Marriage
If you own any assets or property before your marriage, a prenuptial agreement may be a good idea. It will help preserve you and your spouse’s expectations and prevent surprises in the event of a divorce.

Signing a prenuptial agreement that lists both party’s separate property and the intention that these assets remain separate will ensure that your spouse cannot claim any interest in them if you indeed get divorced.

Although most states recognize that any property owned prior to marriage is separate at divorce, outlining what you owned vs. what your spouse owned before the marriage can be difficult. The prenuptial agreement is helpful in this regard.

Assets & Liabilities Obtained During the Marriage
In many states, any assets and debts accumulated during the marriage will be divided between spouses during a divorce.

However, a spouse could have earned money from a business they started independently or prior to the marriage for which they never intended to share this wealth with their spouse.

Similarly, a spouse could have incurred debt during the marriage for which they don’t want their spouse to be liable. Having a prenuptial agreement that sets forth what assets and debts belong to which spouse, even if obtained during the marriage, can avoid sharing such property/liability in the event the marriage dissolves.

Inheritance

A prenuptial agreement is helpful in the event that you want to protect an inheritance. Examples would be a family member that died left you wealth prior to the marriage or you received an inheritance sometime during the marriage. Having a premarital agreement can protect these assets, ensuring that your spouse won’t take the inheritance in the event of a divorce.

Children from a Previous Marriage or Relationship

You or your spouse might come into the marriage with children, particularly if it is not your first marriage. Although your new spouse may be great with your kids now, you never know what will happen should you get divorced. A proper prenuptial agreement will specify what property and whose property will pass on to your children at divorce. However, provisions in the prenuptial agreement specifying child custody rights and/or child support are not enforced as a matter of public policy. Such issues will be resolved by you and the court at your divorce hearing.

Is a Prenuptial Agreement right for me?

A prenuptial agreement is not right for all couples. If you and your spouse-to-be were not previously married, just starting out your careers, and have no children or substantial assets, then a prenuptial agreement may not be necessary.

For almost everyone else, though– particularly people in their 30s or older with any substantial assets, inheritance, children, or a former spouse–a prenuptial agreement is a very good idea.

Those entering into a second marriage may find prenuptial agreements particularly useful. One or both spouses may come into the marriage with notable assets, and may want to appropriate family members from the first marriage who should inherit property and assets.

Though it may not be particularly romantic, a well-drafted prenuptial agreement can protect your assets and expectations, and save a great deal of time and money should divorce proceedings ever occur.

If you have questions about prenuptial agreements, the experienced family law attorneys at Charlton & Glover are here to help. Call us at (770) 993-1005 to schedule a free initial consultation.

Private investigators are often hired to assist with family law cases, and they can be very helpful for a variety of reasons. However, more often than not, the evidence they collect is rather circumstantial. How do you know if you should hire a P.I.? This article examines that very question.

When Should You Hire a Private Investigator?

Do you have a suspicion of something amiss in your marriage? If so, consulting with an attorney is a good idea. Should the matter end up in court, evidence gathered by the P.I. is much more likely to be admissible in the case if it has been gathered with the guidance and direction of an attorney. Be aware that the judge could disallow the evidence if it wasn’t obtained legally or doesn’t meet the court’s technical requirements.

Each state licenses Private investigators to gather information and engage in surveillance. As part of their training, private investigators understand what is permitted under state law. If you are considering legal proceedings such as divorce or child custody, hiring a private investigator can help minimize your risk.

Did you know that you can obtain pertinent information about your spouse but, in many cases, it is not admissible in court because of how it was obtained? Hiring a private investigator help minimize the risk of information being thrown out during legal procedures, and in most cases they are allowed to testify on your behalf. Negative information about your spouse will seem less biased and more credible if presented in court by a third party.

Private Investigators are skilled at collecting information because of their training, experience, and their lack of emotional involvement. This makes them excellent witnesses. Professional investigators also have the added advantage of knowing how to investigate a spouse in a more objective manner.

Keep it Quiet

In cases of a cheating spouse it is common for someone to have an affair with a close friend of the family. Knowing this, you should never let family or friends know your suspicions of infidelity – not even your parents, as they could inadvertently let it slip out to your spouse. Your spouse could even hire his or her own investigator to determine if surveillance is taking place. Your spouse could become so careful that it would be nearly impossible to gather any evidence to assist in a subsequent court case.

 Who Hires the Private Investigator?

It is common for a private investigator to be hired by a husband or wife who suspects that their spouse is cheating before they consult an attorney. This can be a mistake.

Georgia has specific rules about confidentiality and privilege, so the information is often better protected if the attorney hires the investigator on behalf of the client.

If the investigator is under contract with the attorney, any material created in preparation for trial may be protected from discovery by the opposing party as “attorney work product.” For this reason, it is advisable for clients to consult with an attorney first.

Charlton & Glover can recommend reputable private investigators that are not only professional but knowledgeable about Georgia laws. Our P.I.s won’t gather any evidence illegally which could undermine a divorce case. They provide detailed reports that help the attorney present a thorough case in court.

We are here to help! Our experienced family law attorneys can answer your questions about the benefits of retaining a private investigator. Call us at (770) 993-1005 to schedule a free initial consultation.

There are specific ways to calculate child support in Georgia. The Georgia child support calculation was revised in 2007, and the state moved to the “Income Shares Model” for calculation of child support. The Georgia legislative branch created a worksheet for determining child support.

Current guidelines do require that the total gross income of both parties must be considered. In order to determine the total gross income, the courts must consider all income from any and all sources before tax deductions.

Download page with Child Support Calculators

Determine Custodial Roles

The first step is deciding which parent will be the “custodial” parent and which is the “noncustodial” parent. Typically, the custodial parent has the children more than half the time and the noncustodial parent has the children less than half the time.

Occasionally the parenting time is equal and you may not be able to determine which parent is custodial and which is noncustodial. In this circumstance, the noncustodial parent will be the parent with the higher child support obligation, usually, although not always, the parent who starts out with the higher income.

Add It Up

In order to complete financial calculations, add up each parent’s monthly gross income, which includes most types of income, whether earned or unearned. Some examples are wages, self-employment earnings, commissions, retirement account payments, disability payments, and investment income.

As stated before, the courts will consider income from all sources before any tax deductions to determine the total gross income. This includes, but is not limited to, commissions, capital gains income, income from annuities, salary, bonuses, income from rental properties, income from self-employment, social security income, severance income and unemployment.

Entering Information

When the total income for both parents is entered on the child support worksheet and the number of children for whom support is being calculated is entered, a presumptive child support amount will appear.  This presumptive amount is the total amount (as determined by the Georgia legislatures) that it should cost each month for the care and maintenance of the minor children.

There are deviations that occur from the child support guidelines. Typically, the court will not enter any deviations to a child support worksheet unless the deviation is determined to be in the minor children’s best interests.

There are other factors that go into the calculation of child support. There are many other factors that may be present in the child support worksheet. Such a factor is the amount one parent will pay for the childcare of the minor children.

Some factors that might be included in determining child support are the payment of extraordinary educational expenses, medical, dental, child care, health and vision insurance premiums. Extracurricular activities could be a factor depending on the monthly amount paid.

Your State Matters

We are focusing on Georgia guidelines. Each state does have its own child support guidelines that will provide an estimated amount of your monthly child support, so be sure to obtain the proper worksheets for your state. The court does have the final authority to determine the amount of child support awarded.

In Georgia, child support typically ends when the child turns 18 unless the child is still attending high school full-time. In such a case it continues until the child turns 20 or graduates from high school, whichever happens first.

Charlton & Glover can help estimate your calculated child support. Our experienced child support lawyers make it their goal to come to an accurate and fair agreement that aims to protect your family’s financial future. Contact us today for a free initial consultation!

Inherited Assets in a Divorce

When the majority of couples get married, they do not expect to get a divorce in the future.  However, divorce can happen and when it does, questions sometimes come up as to whether one may claim rights to his or her spouse’s inheritance that was acquired during the marriage.  As an example, a person’s grandmother passes and leaves that person the assets to her estate in her will.  There was no mention of the spouse, although she was aware of the marriage.  This would be considered an inheritance acquired during the marriage.

If you are in a similar situation, what you do with the assets upon receipt may influence whether you’ll have to part with a portion of those assets upon divorce. 

Examples of Inheritance During Marriage

By law, inheritances are not considered marital property, so inheritances are generally not subject to equitable distribution.  Inheritances are treated as separate property that belongs to the person who received the inheritance, and as such may not be divided between the petitioner or the respondent in a divorce case.

State laws vary greatly, and they will determine how inheritances are treated once they are shared.  Enter the concept of commingling.

As an example, say that the person’s inheritance is deposited into a joint bank account and that the couple uses it for joint marital expenses.  In this example, the inheritance loses its immunity.  Similarly, if they use the inheritance to make improvements to their primary residence, it could also lose immunity.

Comingling is significant – and could make inheritance subject to division upon divorce.

If separate property is used to benefit joint marital assets, the inheritance is no longer considered separate property.

Are Inheritances acquired before marriage considered separate property?

It is common to have spouses that enter into a marriage with wealth of their own, by inheritance or some other means of acquisition.  Your particular state laws will determine how an inheritance acquired before the marriage might be treated regarding a divorce.

Remember, if inherited funds are deposited into a joint account, or if marital funds are deposited into an inheritance account, commingling has occurred.  Otherwise, an inheritance is considered a separate property and the recipient may keep all funds associated with it.

The simplest way to prevent commingling and safeguard pre-marital assets is through a prenuptial agreement.  These agreements define who gets what in the event of a divorce.  They are typically upheld, regardless of whether spouses commingled their property.

Is it possible to prevent a spouse from getting half of the inheritance, even if commingling has occurred?

As a rule, the commingling of funds converts the assets into marital property.  However, some courts hold that only a portion, or none, of the commingled funds may remain separate property IF the party can demonstrate that the funds were never intended to be shared.

You need to know that there is a very high burden of proof contesting the presumption of shared funds.  If you wish to contest the sharing of an inheritance, you will likely need the advice of an experienced family law attorney in your area that can best handle these types of issues.

If you would like to know more about how a divorce will affect your inheritance, the experienced divorce attorneys at Charlton & Glover are ready to help you. Call us at (770) 993-1005 to schedule a free initial consultation.

A divorce means that there will be many changes in the lives of both the parents and children. Many times, the change in financial position or the need for an additional support network prompts a parent to consider relocating in order to create a better environment for the child, as well as him or herself. It is important to remember that there may be some restrictions on the ability of a parent with custody of a child to pick up and move. Georgia law changed in 2003 to impose more restrictions on a parent’s ability to relocate with a child in his or her custody.

Georgia Law and Relocations

Georgia places very strict limits on a parent’s ability to relocate with a child after a divorce. These restrictions are even more stringent if one party wants to relocate with a child while the divorce action still is pending. If a couple with children has divorced and one party wants to move out of the state, the parent seeking relocation must provide at least 30 days’ notice to the other parent about the intention to relocate. If the other parent objects to the proposed relocation, he or she may petition the court to prevent the move. Based on the law in the State of Georgia, a judge may modify a custody order to place the child with the parent who is not relocating. A person who wants the relocation will need to offer compelling evidence about the benefits that will enhance the life of the child in order to get the court to agree to the proposed move. Some of these benefits include:

• A better economic situation, which will lead to a better quality of life for the child – many proposed moves are prompted by new job opportunities, which may be necessary to maintain a certain standard of living after a divorce. If the parent seeking to move can demonstrate that the new job would not be readily available in the current location, the judge may approve the relocation;
• An improved school system or access to superior educational and extra-curricular activities;
• A healthier environment for the child – this often is cited in cases where the child has a specific medical condition that would be improved through a move to a different climate;
• The ability of the child to maintain a strong relationship with the non-relocating parent – this may be through longer visitation periods to justify extended travel and a parent’s willingness to maintain contact through telephone calls, e-mails, and social media; and
• A strong support network – many single parents rely on family to provide additional care for minor children. A relocation to be near close family who will contribute to the life of a child may sway a judge to permit relocation.

The Child May Decide Not to Go

In Georgia, a child over the age of 14 years has significant say in where he or she wants to live and may choose to go live with the parent who is not relocating. A teenager’s desire to live with one parent over the other is controlling if the parent with whom the child wants to live is okay with that change, as long as that person is considered fit to be a parent. If a child is between the ages of 11 and 14 years, then the court gives consideration to their preferences, although they are not controlling.

Charlton & Glover Help Parents Do What is Right for the Children

Whether you are a parent who wants to relocate in order to provide a better environment for your child or you are a non-custodial parent who wants to stop a proposed relocation, it is crucial to have an attorney who understands the nuances of custody matters in Georgia. If you live in the Roswell or Alpharetta area, the experienced divorce and child custody attorneys at Charlton & Glover are ready to help you. Call us at (770) 993-1005 to schedule a free initial consultation.

When a couple has decided to end a marriage, there are strong emotions on all sides. However, this situation often is particularly difficult for minor children who do not understand why their family life is changing. There are many things that can be done to minimize the impact of a divorce on a child. The important thing is to keep in mind the standard that the court would apply to masking decisions that affect kids, which is to always act in the best interest of the child.

Keep Open Lines of Communication

It is natural for a child to become angry or sad when his or her parents are going through a divorce. Many times, a child learns about the situation through over-hearing conversations or seeing packed bags. It is important to let any children know what is happening as soon as possible. The manner in which this is communicated will depend on the age and emotional capacity of each child. There is no point in delaying this conversation, so the parents should sit down with the children and let them know what is happening as soon as the decision to file for divorce has been finalized. If possible, both parents should do this together. This should be an open conversation, where the children are encouraged to ask questions. Although all the details may not be worked out at this time, the children should be assured that they are loved and that they still will spend time with both parents.
There may be situations where the best attempts by the parents to help a child understand what is happening and why fail. It may be necessary to engage a professional therapist who can help the child deal with the issue of divorce. Recognizing the signs, such as acting out in the home or at school, falling grades, depression, anxiety, or sleeplessness, and getting assistance may be crucial to ultimate acceptance of the situation by the child.

Maintain a Stable Home Life

A divorce means that things are going to change at home, but it important to take actions that minimize the impact of these changes on the children. If the child can remain in the home where he or she was living prior to the separation, that can be helpful. Having the child keep the same schedule, even if the home changes, also may aid in long-term acceptance of the new situation. If the parents are having the child spend time with each of them, they should consult on things such as meals and bedtime, so there can be consistency in the different homes. In addition to maintaining the routines that a child has to the extent possible, it also is important to set up a schedule for the child to spend time with each parent, even if there has not been a formal agreement about visitation.

During a time of divorce, it is natural to want to ease the child through the process by providing extra attention or letting behaviors go unchecked when they previously would have been addressed. Although sensitivity to the needs of the child is important, it also is necessary to remember that maintaining structure and enforcing rules will benefit everyone over the long-term.

Act Cordially

As the emotions of a divorce take over, it may be tempting to engage in some vituperative exchanges with an estranged spouse, but this rarely accomplishes anything positive and often hurts the children. It is unfair to put children in the middle of a disagreement, leading them to believe that they must choose a side. By trying to forge a cooperative relationship with a soon-to-be ex-spouse, it sets up the potential for an effective co-parenting scenario after the divorce has been finalized.

Charlton & Glover Work to Get Their Clients the Right Results

It always is best to minimize the strain that a divorce places on children, but if there is a dispute over support, custody, and/or visitation, it is important to have the right legal representation. If you are contemplating divorce in the Roswell or Alpharetta area, contact the experienced divorce attorneys at Charlton & Glover. Call us at (770) 993-1005 to schedule a free initial consultation.