Blog Category

Drafting a Last Will and Testament for Gay Couples in Georgia

Posted on: May 22nd, 2013

Most people don’t like to think about drafting a Last Will & Testament because they don’t like to think about dying. After all, death is never a pleasant subject, especially when it’s your own death! Yet anybody who owns property, has money or investments, or has children, should have a Will. Especially after a divorce, drafting a Will is a necessity (as well as changing the beneficiary of any life insurance policies you may own).

The reason that everyone should have a Will is simple: If you don’t have a Will the courts will decide what happens to your money, property and children after your death.

In most cases the court will take the easy way out and give your money and property to your closest living relative. This means that somebody you don’t like or trust could end up with your house, your bank accounts, your valuables and everything else you have.

If you want one particular person who is not related to you to have something of yours, or inherit everything, you will have to have a Will. If there is no Will that individual could be left with nothing. Especially in the case of domestic partnerships in Georgia, since same-sex couples are not legally allowed to marry in Georgia, gay couples must be especially vigilant about maintaining a Will and should speak with one of our family law attorneys about protecting the legal rights of their partners.

Creating a Last Will and Testament in Georgia:

Fortunately, the average Georgia Will doesn’t have to be that complex. If you don’t have that much money or property, a basic Will should suffice. Our attorneys will maintain a hard copy of the Will, and make sure it is legally signed and notarized.

Your heir should have a copy of the Will. Always make sure your heirs are aware of the Will and know where to find it. If you have more than one heir make sure each of them has a copy of it. In some cases it might be a good idea to have a copy of the Will placed with a business manager or friend you trust. This would be an excellent idea if the heir is a child or teenager or lives in another country.

The 3 Most Baffling Things About Georgia Child Visitation

Posted on: May 18th, 2013

Understanding Georgia child visitation is a full time job. Luckily our Georgia child visitation attorneys are knowledgeable about all the ins and outs, so you don’t have to be. Here’s a list of the top 3 most baffling things about Georgia child visitation that you should know, even though you don’t have to be an expert. You can leave that to us.

“The Best Interests of the Child”. This is the phrase that dominates discussion around child visitation laws in Georgia. Considering that it is the standard used by the court to determine Georgia child visitation, you’d think it would be very clear cut as to what that phrase actually means. However, as with most things concerning the law, it tends to be the opposite of clear cut. Many factors are weighed and considered when it comes to determining the best interests of the child. This is why it’s so crucial to have an experienced Georgia child visitation attorney on your side, to make sure that what you have to bring to the table in terms of protecting and ensuring “the best interests of the child” in question are fairly represented.

Child support/Alimony not factors. You would think that there would be a tight inter-relationship between child support, alimony, and child visitation in Georgia. But the baffling thing is that it isn’t. In Georgia, child visitation does not hinge upon either alimony or child support payments. Though it doesn’t make a whole lot of sense, a custodial parent can’t legally withhold child visitation in Georgia simply because the non-custodial parent has not paid up all of the child support and/or alimony they should. This baffling area of Georgia child visitation law alone requires the assistance of a practiced lawyer.

The importance of the parenting plan. Georgia child visitation places a great amount of importance on a parenting plan, which is a document detailing the particulars of child visitation. It often includes details such as travel arrangements, when visitation will take place, and if supervision is necessary. Sounds pretty straightforward, right? Except when one or both parties deviate from the plan. Then it’s not so clear whether “the best interests of the child” are still front and center.

To navigate the rough and confusing waters of Georgia child visitation, simply contact one of our experienced attorneys for a consultation. Fill out the form on this page, call us at (404) 538-9522, or send us an email at info@knclawfirm.com.