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Children, Parenting, Custody, & Child Support in Savannah, Georgia

Jason Cerbone · June 29, 2022 ·

Always put your kids first

Courts examine various factors in making custody and child support determinations. Although they vary from state to state, guidelines were conceived to provide fair and consistent results.

As you go through the divorce process, stay focused on your children’s welfare. Remember that your relationship with your spouse does not end with the final decree. You will continue to have contact with your ex regarding support, visitation, and other parental responsibilities. For the sake of your children, keep the lines of communication open. Don’t let your children be the losers in your divorce.

Custody of minor children is about two things: decision making and timesharing. One or both parents may be responsible for decisions affecting the children. Timesharing refers to the amount of time each parent will spend with the children.

Determining custody

The court determines custody on the basis of what it believes to be in the children’s best interests. The court considers all relevant factors, including the:

  • child’s relationships with parents, siblings, and any others who may have a significant impact on the child’s life;
  • parents’ wishes;
  • child’s wishes, depending on the age and maturity of the child;
  • mental and physical health of all the individuals involved;
  • ability and willingness of each parent to care for the children;
  • respect each parent shows for the parental rights of the other parent;
  • adherence to a timesharing schedule;
  • suitability of each party’s parenting plan;
  • geographic distance between the parties; and
  • willingness and ability of each parent to work cooperatively.

Types of custody

A variety of terms describe the way parents share their time spent with their children:

  • Sole physical custody means that the child resides with and under the supervision of one parent, subject to the power of the court to order visitation with the other parent.
  • Joint physical custody means that each parent spends significant time with the child. This arrangement generally assures frequent and continuing contact with both parents. It does not necessarily mean that the parents spend equal time with the child.
  • Sole legal custody means that one parent will make all of the major decisions regarding the health, education, and welfare of the child.
  • Joint legal custody means that both parents share decision-making responsibilities relating to major issues, such as those affecting the child’s health, education, and welfare. In some states, it is necessary to specify which of those decisions will be made by both parents. All other decisions can be made by either parent. Some states operate under the presumption that joint legal custody is in the best interests of the child.

Timesharing

Timesharing describes an arrangement through which both parents spend time with the children. Timesharing can be as varied as the families using it. There is no “right” schedule that fits all families or age groups.

Dispute resolution

If the parents cannot agree on custody and a parenting plan, a variety of methods exist for arriving at a custody agreement and order: mediation, arbitration, and evaluation and trial. In states that require mediation, the parties must attempt to resolve their dispute with a trained mediator before the court will address custody issues. If the parties do not reach an agreement with the help of a mediator, the mediator cannot impose a resolution.

Arbitration is a voluntary process similar to mediation except that the arbitrator has the power to make a ruling if the parties do not agree.

If mediation fails, a mental-health professional, such as a social worker, may evaluate the child’s best interests and make custody and timesharing recommendations to the court.

Financial support

Child support is a court-ordered payment made to a spouse weekly or monthly for the support, maintenance, and education of the children. Voluntary gifts, clothes, transportation, vacation expenses, and rent, which benefit the children, may not be
considered support. The court does not usually require the custodial parent to account for how he or she spends support. Child support stops when the child reaches the age of majority (which varies by state but may be age 18 or 21) or when state law decrees it or agreement by the parties. Parents may agree to care for the child beyond age 18, for example, until the child completes a college education or reaches age 21.

Guidelines

All states have federally-mandated guidelines by which courts determine support. The guidelines may contain formulas or tables that define the incomes of both parents and the timesharing schedule. The guidelines may require parents to share certain expenses in proportion to their incomes, such as work-related child care and medical insurance.

Parties who wish to deviate from the guidelines must persuade the court that a change is necessary. Your lawyer can explain how deviation works in your state.

Enforcement

Child support orders may be enforced in a variety of ways. Child support is not dischargeable in bankruptcy, but unpaid support is collectible for only a limited time. Thus, if you allow support to remain unpaid for an extended period, you may forfeit your right to it. Consult your lawyer about any delinquency.

Modification

Until a child is emancipated (i.e., an adult), the court can modify custody and child support whenever necessary. A change of circumstances is generally required for the court to modify a previous order. Remarriage of either parent does not automatically result in a change of circumstances.

Tips for better parenting

Now and after your divorce, keep in mind the following suggested parenting guidelines.

  1. Put your children’s welfare ahead of any satisfaction you may get from fighting with your former spouse. Involving your children in any conflict with your former spouse can do long-term damage to them.
  2. Remember that children need two parents. Help your children maintain a positive relationship with the other parent; give them permission to love that parent.
  3. Show respect for the other parent. Do not make derogatory remarks about the other parent to or in front of the children.
  4. Honor your timesharing schedule. Be courteous to the other parent by always notifying him or her if you will be late or cannot spend time with the children. Children may view missed visits, especially without a call, as rejection.
  5. If you are the non-primary parent, do not schedule “special activities” for every minute you spend with your children. Your kids need at-home time with you, too.
  6. Do not use the children as messengers or spies. Never pump your children for information about the other parent.
  7. Strive for agreement on important issues that affect your children, such as discipline, so that you do not undermine the other parent.
  8. Use common sense in exercising your custodial and visitation rights. Follow the old adage “Don’t make a mountain out of a molehill” and follow the Golden Rule: “Do unto others as you would have them do unto you.”
  9. Don’t send or collect child support through your children.

Communicating about your children

It’s important that you communicate to the court the relationship you have with your children. You may be the best parent in the world and have impressive relationships with your children, but if you cannot demonstrate that to the judge, the counselors, and the psychologists, you will not succeed in your case. Some people verbalize better than others. If you have good communication skills, it’s a big help. If you are not a good communicator, you must work to improve your skills. If you need help in this area, talk with your lawyer about it.

When discussing their children before a judge or evaluator, many litigants refer repeatedly to “my” son or daughter. Keep in mind that whatever your feelings about your spouse, you are not the child’s only parent. Persistent use of language that excludes the other parent may cause the court to doubt your ability to foster a healthy relationship between the child and the other parent.

When asked to describe their children, most parents do a terrible job. They have difficulty saying much more than, “Johnny’s a great little kid.” You must make the judge and evaluator believe that Johnny is “a great little kid” by helping them understand and visualize Johnny. Make the judge and evaluator feel close to Johnny by demonstrating that you feel close to him. If you can do that, the psychologists and the judge will be unlikely to want to disturb your relationship with Johnny.

When you speak about Johnny, use “word pictures.” For example, “I have a headache” means different things to different people. “I have a throbbing headache” is more communicative. And, “I have a throbbing headache that is making me nauseated” is even more descriptive.

These are word pictures and are the kinds of descriptions you should use when talking about your children. Remember that the judge who hears your case will have heard hundreds of cases. You must humanize yourself and your children so that the judge can see that the names on paper represent real people—children with distinct characteristics and personalities and a parent who cares about and loves them.

Practice describing your children. First, write down a description of each child. Focus on their imaginations, sense of humor, or sensitivities. Then try describing the children aloud.

When you describe a child, begin with physical characteristics. Your Johnny may be blond, blue-eyed, four feet tall, 80 pounds, and eight years old. You will also want to show a current picture of Johnny so that the judge and evaluator can see him. Next, help the judge and evaluator understand Johnny’s personality, strengths, weaknesses, and the characteristics that make him unique. Again, do this with word pictures. Anecdotes about Johnny make him come alive. Remember, if you are asked to describe your child, this is not the time to complain about your spouse.

The evaluator and judge want to know how much you really know about your children. For example, what dress size does your daughter wear? Who is your son’s music teacher? What is your daughter’s favorite color? What is your son’s favorite ice cream? You should know the answers to all of these questions.

A large part of the process is assessing your relationship with your children; building your parenting skills and talents; recording information about you, your spouse, your children; and perhaps most important, improving the quality of your relationship with your children.

Your children simply can’t lose if they come out of this case with a more caring, understanding, attentive, and skilled parent. If your spouse has made the same efforts, your children will emerge from the divorce with two parents who are functioning, both physically and emotionally, on a higher plateau.

You may even notice that some of your problems with your spouse disappear during the divorce. Don’t be surprised if your spouse “cleans up his or her act” before going to court. Don’t be angry about this. Remember, your children will benefit.

The Language of Divorce in Savannah, Georgia

Jason Cerbone · June 29, 2022 ·

Glossary of Legal Terms

  • Action. The legal term for a lawsuit.
  • Affidavit. A written statement of facts made under oath and signed before a notary public.
  • A.D.R. Alternative Dispute Resolution. Settlement techniques used to resolve a case without a trial.
  • Agreement A transcribed or written resolution of the disputed issues when the parties have resolved issues in the case. Sometimes called a Stipulation.
  • Alimony: Payment of support from one party to another; in some states may include property division and attorney’s fees. See also Maintenance.
  • Alimony pendente lite: A temporary order of court that provides support for one spouse and/or children while the divorce is in progress.
  • Allegation: Statement contained in a pleading or affidavit setting forth what the pleader intends to prove.
  • Annulment: The legal ending of an invalid marriage; according to law, neither party was ever married, but all children born of the annulled marriage remain legitimate. Grounds for annulment vary from state to state.
  • Answer: The second pleading in a divorce, separation, or annulment, which is served in response to the petition for divorce and which admits or denies the petition’s allegations and may also make claims against the other party. Sometimes called a Response.
  • Appeal: The process whereby a higher court reviews the proceedings resulting in an order or judgment of a lower court and determines whether there was reversible error.
  • Appearance: A respondent’s formal method of telling the court that he or she submits to the court’s jurisdiction. Appearance also can refer to a party’s physical presence in court.
  • Change of venue: A change of the place within the state where the case is to be tried.
  • Child support: Financial support for a child (not taxable to the recipient or deductible to the payor spouse).
  • Common-law marriage: A relationship between a man and a woman, recognized as a marriage in some states, although no license or ceremony was involved. A divorce is required to terminate a common-law marriage.
  • Community property: Generally, property acquired during a marriage as a result of the parties’ work and effort. Applied in states known as community-property states.
  • Contempt of court: The willful and intentional failure to comply with a court order, judgment, or decree by a party to the action, which may be punishable in a variety of ways.
  • Contested case: Any case in which the court must decide one or more disputed issues.
  • Court order: A written document issued by a court, which becomes effective only when signed by a judge.
  • Cross-examination: The questioning of a witness by the opposing party during a trial or at a deposition, to test the truth of that testimony or to develop it.
  • Custody: The legal right and responsibility awarded by a court for the care, possession, and rearing of a child. Distinctions are sometimes made between legal custody, which relates to decision making responsibility, and physical custody, which relates to residence or physical access.
  • Default or default judgment: An order or judgment granted by a court without hearing the other side because that side failed to submit papers within the time allowed or failed to appear at a hearing.
  • Defendant (respondent): The person (husband or wife) who is sued for divorce.
  • Deposition: The testimony of a witness taken out of court under oath and in writing.
  • Direct examination: The initial questioning in court of a witness by the lawyer who called him or her to the stand.
  • Disclosure, discover, or production of documents: Procedures followed by lawyers to determine the nature, scope, and credibility of the opposing party’s claim and his or her financial status.
  • Dissolution: The act of terminating a marriage; divorce; does not include annulment.
  • Emancipation: The point at which a child may be treated as an adult and in some states when the duty to support may terminate.
  • Equitable distribution of property: A system of distributing property in connection with a divorce or dissolution proceeding on the basis of a variety of factors without regard to who holds title.
  • Evidence: Documents, testimony, or other demonstrative material offered to the court to prove or disprove allegations.
  • Ex parte: An application for court relief made without the other party being present. In some states the other party is present but has been given very short notice of the application.
  • Grounds: In the eyes of the law (under statute), the reason for granting a divorce.
  • Guardian ad litem (GAL): A lawyer or mental health professional appointed by the court to represent the children.
  • Hearing: Any proceeding before the court for the purpose of resolving disputed issues through presentation of testimony, offers of proof, and argument.
  • Hold-harmless: A situation in which one spouse assumes liability for a debt or other obligation and promises to protect the other spouse from any loss or expense in connection with it.
  • Indemnification: The promise to reimburse another person in case of an anticipated loss; the same as hold-harmless.
  • Injunction: A court order forbidding someone from committing a particular act that is likely to cause injury or property loss to another party; the same as a restraining order.
  • Interrogatories: A series of written questions served on the opposing party to discover certain facts regarding the disputed issues in a matrimonial proceeding. The answer to interrogatories must be under oath and served within a prescribed time.
  • Joint custody: The shared right and responsibility of both parents awarded by the court for possession, care, and rearing of the children.
  • Joint property: Property held in the name of more than one person.
  • Jurisdiction: The authority of the court to rule on issues relating to the parties, their children, or their property.
  • Legal separation: A court judgment or written agreement directing or authorizing spouses to live separate and apart. A decree of separation does not dissolve the marriage or allow the parties to remarry, but may resolve all financial claims.
  • Maintenance: Spousal support. See also alimony.
  • Marital property: Accumulated income and property acquired by spouses, subject to certain exclusions in some states.
  • Marital settlement agreement: The parties’ settlement is reduced to a written document or orally placed on the record in open court. This agreement also may be called a property settlement agreement or separation agreement.
  • Mediation: A process by which a neutral third party facilitates negotiations between the parties. The mediator generally has no decision-making authority.
  • Motion: A written application to the court for some particular relief, such as temporary support, injunction, or attorney’s or expert’s fees.
  • Motion to modify: A party’s formal written request to the court to change a prior order regarding custody, child support, alimony, or any other order that the court may change by law.
  • Motion to vacate the premises: Upon a showing of good cause by one party, the court orders the other spouse to leave the marital residence.
  • No-fault divorce: When divorce is granted without a party having to prove the other party’s marital misconduct. “Fault” is marital misconduct that may be considered for some issues in some states.
  • Notice of hearing: A paper that is served on the opposing lawyer or spouse listing the date and place of a hearing and the motion or motions that will be heard by the court.
  • Order: The court’s ruling on a motion requiring the parties to do certain things or setting forth their rights and responsibilities. An order is reduced to writing, signed by the judge, and filed with the court.
  • Party: The person in a divorce action whose rights or interests will be affected by the divorce.
  • Petition (compliant): The first pleading in an action for divorce, separate maintenance, or annulment, setting forth the allegations on which the requested relief is based.
  • Petitioner (plaintiff): The party who files the petition for divorce or any other petition.
  • Plaintiff: The petitioner.
  • Pleading: Formal written application to the court for relief and the written response to it.
  • Pleadings include petitions, answers, counterclaims, replies, and motions.
  • Privilege: The right of a person to make statements to his or her spouse or lawyer,
  • member of the clergy, psychiatrist, doctor, or certified social worker that are not later admissible in evidence.
  • Pro se: A litigant who is not represented by a lawyer (also “pro per”).
  • Relief: Whatever a party to a divorce proceeding asks the court to do: dissolve the marriage, award support, enforce a prior court order or decree, divide property, enjoin certain behavior, dismiss the complaint of the other party, and so on.
  • Reply: The pleading filed in answer to the allegations of a counterclaim.
  • Report of referee with notice: The written document prepared by a referee or court-appointed officer after a hearing and submitted to the parties (husband and wife) and the judge; it is not law and not final or an order of the court, but it is recommended to become an order of the court.
  • Respondent (defendant): The one who defends the divorce proceeding brought by another.
  • Request for production of documents: A series of written requests served on the other party seeking the production of documents, such as financial records. Responses must be provided within a fixed time.
  • Rules of evidence: The rules that govern the presentation and admissibility of oral and documentary evidence at court hearings or depositions.
  • Separate property: Property that is not “marital property” but belongs only to one spouse.
  • Set off: A debt or financial obligation of one spouse that is deducted from the debt or financial obligation of the other spouse.
  • Settlement: The agreed resolution of disputed issues.
  • Show cause: Written application to the court for some type of relief, which is made on such notice to the other party as the court directs.
  • Stipulation: An agreement between the parties or their counsel.
  • Subpoena: A document served on a party or witness requiring appearance in court.
  • Failure to comply with the subpoena could result in punishment by the court. A subpoena duces tecum is a subpoena requesting documents.
  • Summons: A written notification that legal action has commenced, requiring a response within a specified time period.
  • Temporary or pendente lite motions: Applications to the court for interim relief pending the final decree of divorce, separation, or annulment. Typical temporary motions include
  • Temporary restraining orders (TRO): An order of the court prohibiting a party from doing something—for example, threatening, harassing, or beating the other spouse or the children, selling personal property, withdrawing money from accounts, denying access to a motor vehicle.
  • Testimony: Statements under oath by a witness in court or during a deposition.
  • Transcript: A typewritten record of testimony taken by a court reporter during a deposition or court.
  • Trial: A formal court hearing to decide disputed issues raised by the pleadings.
  • Uncontested divorce: A divorce proceeding in which the parties have reached an agreement on all issues.

So You’re Getting Divorced in Savannah, Georgia Continued

Jason Cerbone · June 29, 2022 ·

Can I continue to use my credit cards?

Act in a conservative, financially prudent manner. Avoid extravagant purchases or consult your lawyer first. If you use credit cards in your normal course of business and for your everyday needs, you may continue to use them. However, confirm with your credit card companies that you have credit in your name and that your spouse hasn’t cancelled the credit cards.

Can I change the locks on the house?

No, unless you have a court order granting you exclusive use and possession of the house. If you are concerned about your safety, consider getting a restraining order. This would usually include granting you temporary possession of the house.

What about wedding gifts?

This is a thorny issue. In most jurisdictions, gifts given to one of the parties are not considered “marital” property and, thus, remain the “separate” property for the recipient. However, for joint gifts, you and your spouse will need to come up with a fair way of dividing them. If you cannot do so, seek the help of a trained mediator.

Can I make my spouse sign a joint tax return?

Typically, no. During your divorce, get the advice of a good CPA as to what makes the most sense financially. If you are still married as of December 31 of the tax year in question, you can file a “married but separate” tax return.

Will my spouse be required to return to work?

This will depend on your circumstances and finances. Without question, after your separation, you and your family may experience tremendous financial strains. any people choose to seek employment or return to work to make ends meet, and others are required to do so as part of an alimony agreement. However, talk with your lawyer and a good financial advisor to help plan your options.

What about my “prenup”?

You should talk with your lawyer about the impact of a prenuptial agreement on your divorce. Usually, it will be enforceable if it meets certain strict criteria, including whether it was entered into voluntarily and with full disclosure of all finances. A judge may scrutinize whether any provisions for alimony are fair at the time of your divorce.

Can I change the judge?

only in rare circumstances can you change the judge. You would have to prove blatant bias or a conflict of interest. The best thing you can do to avoid going through a trial is to settle your case out of court. This will almost always save you a lot of money and emotional stress.

What should I wear to court?

Dress as if you are going for a job interview. Dress in conservative styles and colors. Remember, you are putting your fate in the hands of a judge who has likely never met you and who has a short period of time to make crucial judgments about your character and trustworthiness.

What if I don’t show up in court?

You will piss the judge off. Definitely contact a lawyer to determine whether you can present any valid excuses. Judges sometimes will give litigants a second chance to present their cases, particularly when crucial issues are at stake, such as child custody and alimony.

Can I buy a house?

It is better to avoid making major purchases during the divorce. Your lawyer can and should help you plan for this purchase, and a settlement can be structured to best position you to buy a house once the divorce is finished.

So You’re Getting Divorced in Savannah, Georgia

Jason Cerbone · June 29, 2022 ·

What to expect and how to proceed

Can I stop the divorce?

Unfortunately, it is very difficult for one spouse to stop a divorce. In some states, you have the right to ask the judge to order marital counseling. In other fault-based states, the spouse seeking the divorce must prove certain grounds for divorce, and the reluctant spouse has the opportunity to refute those grounds. However, the reality is that in most cases, the divorce will occur even when only one spouse wants it.

Can one lawyer represent both of us?

Though this is permitted in some states, it generally is a bad idea. Most good family law attorneys will not represent both spouses, as it is most always a conflict of interest and unethical conduct. An attorney who represents “both sides” prevents you from obtaining your own, independent legal advice. Even worse, the agreement becomes vulnerable to an attack to set it aside. There are many better ways of conserving money, such as hiring a trained mediator to help you and your spouse work through your issues.

Should I hire a private detective?

It depends on your goals. In a “fault” state, it might be helpful to have a private investigator (Pl) find out about your spouse’s behaviors that may impact the property settlement. Otherwise, a PI might help you trace money that you suspect your spouse of hiding. However, always keep in mind the potential risks of starting a fight and possibly harming your children in the process. In addition, most good divorce lawyers can help you track assets and obtain documentation if your finances are not too complicated.

How long will the divorce take?

Check your state law, as there are different “waiting” or “cooling off” periods in many states. It may be as little as 30 days or as long as a year. Plus, your case may be delayed if you live in a jurisdiction that has crowded court dockets. Finally, it is a rule of thumb that if you and your spouse cannot reach an agreement and your case becomes “contested,” it will take longer to complete.

Should I move out of the house?

The answer depends on your individual circumstances. There is no one right answer that fits every case. However, in making that decision keep in mind the following: the person who moves out does not forfeit all claims to any marital equity in the property or entitlement to a division of the furnishings. However, it might be wise to list or photograph the contents before you leave.

Once a party moves out, a lawyer may have difficulty getting an order for him/her to move back later. If there are disputes relating to children and one parent moves out without them before reaching an agreement regarding contact, there may be a
time lag before arrangements are in place for that parent to see the children.

If you believe your children should reside primarily with you, it is generally not a good idea to move out unless you have adequate and safe arrangements for your children to go with you.

Can I read my spouse’s mail/email or tape our telephone conversations?

Before you do anything like this, talk with your attorney. You may be violating federal and state law. Plus, many people are surprised to learn that information gleaned through these actions may not be admissible in a courtroom anyway. There are exceptions to these general rules but, again, it is wise to seek counsel first.

How do I prove that my spouse is hiding cash?

Both parties will be required to disclose financial information in the early stage of the divorce. This documentation may include bank records, check stubs, and retirement statements. In addition, your attorney has other “discovery” tools at his/her disposal, which, for example, allow you to demand further documentation or take depositions. Additionally, your attorney may discuss with you the possibilities of retaining other experts, such as private investigators or forensic accountants to help with the investigation.

Nurse’s DUI down to reckless driving

Jason Cerbone · April 29, 2022 ·

She needed this DUI charge to go away because she was about to be a nurse. She was pulled over on I-16 leaving downtown for Failure to maintain lane by the Georgia Department of Public Safety (Trooper). The trooper saw that her eyes were bloodshot, and her speech slow and slurred. She told the trooper that she had drunk four hours earlier. She did field sobriety tests and was arrested for DUI less safe.

In the State Court of Chatham County, her DUI was reduced to reckless driving. Her Failure to maintain lane charge was dismissed.

Nurse's DUI down to reckless driving Jason Cerbone Savannah DUI Lawyer

Judgment: Nurse’s DUI down to reckless driving

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  • Following the Leaders of DUI Defense
  • Like me to write you a little essay on Ethics?
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  • Savannah attorneys open DUI defense firm
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  • What Makes a Winner?

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Jason Cerbone National College for DUI Defense
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Jason Cerbone DUI Defense Lawyers Association
Jason Cerbone 10 Best DUI Divorce Lawyers for Client Satisfaction 2 Years in a row by the American Institute of DUI/DWI Attorneys

Cerbone 
300 Drayton ST FL 3
Savannah, Georgia 31401
jason@cerbonelaw.com
+1-912-236-0595

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