Whether your child custody battle is part of a divorce or a standalone case, there is a lot on the line. Unfortunately, these cases involve a lot of emotions, which can lead people to make mistakes that can hurt their chances of getting the results they want. The following are five of the most common mistakes people make when going through a child custody battle and why you should avoid them.

1.       Putting the Desire to Hurt Your Ex Before Your Children’s Best Interests

In most child custody battles, the two parents don’t get along very well, to say the least. This can make it very tempting to try to do everything possible to hurt your ex through the courts. While this may give a brief moment of satisfaction, it will hurt your case and your children in the long run. Try to take a step back and think about what is best for your children at all times.

2.       Ignoring or Violating Court Orders

Even when a custody battle is still active, the courts will usually have issued a temporary order to deal with the current situation. Just because this is a temporary order, however, does not mean that you can ignore it. If you violate even a small part of a court order, you can get in quite a bit of legal trouble. On top of that, it will make the judge more likely to side with your ex when making long term decisions in your case.

3.       Moving In with a Significant Other

Wanting to move on from your ex is a normal thing, but you need to be careful what you do when going through a custody battle. Having your significant other move in is a very big decision, and one that will directly impact your children. The courts like to see stability in the home when making custody decisions, and inviting someone new into the house (or moving into their home) doesn’t give impression of stability to many judges.

4.       Making Decisions About the Children Without Informing Your Ex

Even if you have been granted the right to make decisions on behalf of your child (typically called legal custody) in a temporary order, that doesn’t mean you should do so without informing your ex. Doing things like changing schools or even having them miss a day of school without letting your ex know looks bad to a judge. Georgia courts want to see an effort being made for positive co-parenting, and that involves good and open communication.  

5.       Ignoring an Attorney’s Advice

Hiring an attorney to represent you in a child custody battle is important, but if you don’t listen to their advice, you are really hurting your case. An attorney is legally obligated to work with your best interests in mind, so make sure to listen to and follow their advice. Contact the Law Offices of Adam Stein to discuss your case with us and see how we can help.

When in court for a child custody hearing, one of the main things that is determined is which party will pay child support, and how much they will have to pay. There are a number of different factors in Georgia that will come into play when determining the amount of child support that will be awarded to the custodial parent. Read on to learn about some of the most common things that the courts look at in these cases.

Gross Income of Both Parties

Rather than just looking at the gross income of the non-custodial party, courts look at the income of both parties. If the non-custodial parent earns 50% of what the custodial parent does, the amount of child support awarded will typically be 50% of what it would be had the non-custodial parent earned no money. The incomes and this type of calculation are the primary factors that the courts will look at when determining child support, but they certainly aren’t the only factors.

Child Care Expenses

If both parties are working, the courts will increase the amount of child support awarded to help cover the childcare expenses for things such as daycare. If daycare costs $500 per month, the judge will likely require the non-custodial parent to pay a percentage of that based on the income comparisons used on the gross incomes above.

Insurance Premiums

Any insurance premiums paid for the child(ren) will also be factored in. Only the premiums that apply to the child are considered t in these cases. For example, if a non-custodial parent pays $6000 per year for medical, dental, and vision insurance that covers three people, including the one child being considered for child support, then the total amount considered will be $2000. A percentage of that amount will usually be removed from the total amount of child support, again, based on the difference in income of each party.

Medical, Dental & Vision Expenses

Any co-pays, costs of medications, and other expenses related to the medical, dental, and vision care of the children in question will also impact child support. The courts will typically expect the parties to split these costs up using the same income based percentages. In some situations, this will have a direct impact on child support amounts, in other cases the parties will need to work out splitting the payments among themselves.

Extraordinary Educational Expenses

If there are any type of extraordinary education expenses, the costs will need to be divided up in a fair manner, based on income. This is not very common, but comes into play in situations where the children were attending a private school prior to the divorce, and will continue attending thereafter.

Other Factors/Categories of Deviation

The above list is by no means an exhaustive list of factors that Georgia courts will consider. For example, previous court orders, other children in the household, and extracurricular expenses are also considered when a court calculates child support, among other things. There are many ways that a court may come to a decision. As each child support case varies, each court and judge does also.

Fighting for Your Rights

Whether you’re looking to reduce the amount you have to pay, or maximize the amount you receive, child support cases should be left to an experienced, quality legal professional. Contact the Law Offices of Adam Stein to go over your case so we can begin crafting the best possible arguments to get you the results you need.

In the past, couples who were seeking a divorce had to obtain one through the court system. The lengthy process, considerable expense, and adversarial nature of court proceedings have caused some families to start looking for a different and more positive way to settle the issues surrounding their divorce. One alternative is through collaborative law, and it has many benefits over litigation when utilized in divorces.  

In a collaborative divorce, each side works with their own attorney. Unlike in a traditional court proceeding, the goal of the attorneys is to help the parties identify and reach a solution. Both sides have regular meetings in which they all collaborate towards developing an equitable solution. In addition to the assistance of an attorney, collaborative divorce also allows other professionals to offer their valuable input on the issues involved in the divorce.

To see if your family would benefit from a more positive and collaborative approach, we have compiled 4 key benefits to keep in mind:

1. Benefit of third-party professionals

Couples who choose collaborative divorce have the unique opportunity to have other professionals contribute their expertise to the issues that are being contested in the divorce. For instance, an accountant might offer guidance on financial matters, while a child care specialist could provide insight into the best way to minimize the divorce’s impact on your children.  

2.  Preserving family relationships

One of the key benefits of a collaborative divorce is that it preserves family relationships. Traditional litigation is adversarial and contentious. Collaborative divorce, on the other hand, allows couples to work together with the help of their attorneys and other professionals to create a solution that focuses on what is best for the family, rather than who is “right” and who is “wrong.”

For couples with children, collaborative divorce is especially beneficial. Some litigated divorces can turn ugly and it is often upsetting and confusing for children to see their parents as adversaries. By working together, parents can effectively send the message that while the marriage may be over, their individual relationship with their children remains intact.

3.  Control over customizable solutions

Another key benefit to collaborative divorce is that it allows the parties to have much more control over the outcome, and come up with custom solutions that work for their family’s particular circumstances. Having an open atmosphere that allows for the discussion of opinions, needs, and wants makes the parties active participants and much more likely to be content with the solution reached.

4.  Faster and less expensive than litigation

Collaborative divorce also saves individuals time and money. Litigation is often lengthy and expensive; collaborative divorce helps to cut costs because you’re agreeing on solutions, submitting information voluntarily, and minimizing associated court costs and attorney fees.

Collaborative Divorce Services for Gwinnett County, Georgia

The Law Offices of Adam Stein are proud to offer both litigation and collaborative divorce services to residents of Gwinnett County, Georgia. To find out more about our services and whether a collaborative divorce is right for your family, please visit us online at www. www.family-lawyer.biz or contact our office at (770) 822-1985 for your free initial consultation.

For those who can benefit from it, mediation is a great way to resolve legal disputes without the cost, time commitment, and adversarial nature of litigation. Parties who wish to preserve their relationship, such as in divorce and other family law cases, can use mediation to work out mutually agreeable solutions to their problems. Mediation is not always an option however; sometimes the parties are unable to work together or unwilling to compromise, such as in cases of contested divorce or involving children. In those cases, litigation becomes necessary. Below we explore the benefits of mediation versus litigation in Georgia and identify when each is most appropriate.

Mediation is a type of alternative dispute resolution where the parties meet and, with the help of a neutral third-party mediator, collectively reach a compromise to solve their legal issue. Litigation, on the other hand, involves the court system and is adversarial in nature: a judge decides the “winner” and the parties do not have as much control over the outcome.

Generally, litigation is a lengthy process, and can be extremely expensive. For those cases that are appropriate, mediation can be an effective, efficient, and cost-effective solution to legal disputes. Although each case it different, in general mediation is much faster and less expensive than traditional litigation. The efficiency of mediation allows clients to save time as well as money on court costs and other associated fees.

Mediation is also a great way for parties to retain some measure of control over the outcome of their legal dispute. In litigation, each side is allowed to present their argument but the judge ultimately has the power to decide who is the “winner.” Mediation, on the other hand, allows each party to present their side to a neutral mediator who will work with the parties towards a mutually agreeable solution.

Another great benefit of mediation is that it is generally less stressful and less contentious than litigation. Because mediation is generally non-adversarial, it can be an excellent choice for those cases where the parties wish to preserve their relationship, such as cases involving families and couples.  

Unlike litigation where the court documents are public record, mediation is confidential. The privacy of mediation is great for cases involving children, or generally any case where the parties wish to keep their dispute between themselves.

However, mediation may not always be appropriate or may be unsuccessful; in those cases, litigation becomes necessary.

Litigation is best for parties that are unable or unlikely to reach a mutually agreeable solution, or for some cases where litigation is most appropriate. In cases where emotions are running high or the parties are especially contentious, such as with a contested divorce, the parties are unable to reach a resolution because they simply cannot work together or are unwilling to compromise. For those cases, litigation becomes necessary. By presenting their case to a third-party decision-maker, the parties receive a legal solution to their issue instead of being forced to work together to reach an agreement. An experienced family law attorney can help guide you through the litigation or mediation process and ensure that your interests are best represented and protected.

The Law Offices of Adam Stein are experienced in mediation and litigation

The Law Offices of Adam Stein are proud to provide alternative dispute resolution and litigation representation to residents of Gwinnett County, Georgia. To learn more about how our office can help mediate your legal dispute, and to receive your free consultation, please visit our website at www.family-lawyer.biz or contact our office at (770) 822-1985.