Atlanta Divorce Attorney Blog

In part two of our series on how to interact with a Guardian in an Atlanta contested custody case, we will discuss the positive things you should be doing to help achieve a favorable recommendation from him or her in your Atlanta contested custody case. Below you will find a list of suggestions that you should follow in every Atlanta contested custody case that involves a Guardian ad Litem. These suggestions also help the Guardian with their investigation and will help keep down to Guardian ad Litem fees in the case.

1. If you have a lawyer, meet with your Atlanta custody lawyer to find out if he or she knows the Guardian and follow their suggestions on how to communicate with the Guardian.
2. If your custody lawyer has not already done so, call the Guardian as soon as possible after their appointment and discuss with the Guardian the following:
a. What documentary items does the Guardian want or need (taped phone calls, videos, photos, e-mails, etc.)
b. Set up an appointment for your first meeting, but give yourself enough time to gather the information that you and your lawyer have determined will be helpful to the Guardian.
c. If it is a hotly contested custody case, you can ask the Guardian how they perceive themselves in their role in the case, i.e. as a visitation mediator, a counselor, a communication go-between, or just someone who will investigate the situation and give the Court a recommendation.
3. If you are represented, make sure that you have told your Atlanta contested custody lawyer everything that you might possibly tell the Guardian. It does not look good for the Guardian to call your Atlanta custody lawyer about a fact that you neglected to tell him or her.
4. Make sure you execute releases to so that the Guardian can obtain medical records, school records, etc. to make the Guardian’s job of collecting information faster and easier. This also helps to reduce the expense of the Guardian chasing down all this information.

Continue reading " Contested Custody in Atlanta, Georgia – Guardian ad Litem (Part 2) " »

If you are involved in a contested custody case in Georgia, chances are that a Guardian ad Litem has been appointed in your case. Over the course of the next several blogs, we will discuss several do’s and don’ts concerning how to interact with the Guardian to hopefully achieve a favorable recommendation from him or her in your Georgia contested custody case.

Since the Guardian’s ultimate recommendation is given a tremendous amount of weight by the Court, it is important that you do not do the following things:

1. Do not pressure the children’s teachers, counselors, or day care providers to tell the Guardian what a great person you are.
2. Do not ask the Guardian for his or her decision, because it will be presented in a report.
3. Do not talk to the children about what they are going to say to the Guardian.
4. Do not constantly belittle the other party, because it can back-fire against you. You could be accused of parental alienation. If, however, you have some documentary information that could help the Guardian make a decision, you can provide that to him or her, after having your custody lawyer review it.
5. Do not call, mail or e-mail the Guardian on a daily basis.
6. Do not try to pressure any psychologist that the children may be seeing.
7. Do not try to control the Guardian’s investigation. Guardian’s in contested custody cases in Georgia are usually well trained and versed in what to look for in order to make a recommendation on whom should have custody. If the other party claims you are controlling, you will only be proving their case.

As technology changes our world, it also changes our Child Support and Paternity laws here in Georgia. Typically, in a parent cannot waive their right to receive child support, nor can another be released from their obligation to pay child support in Georgia. Worthington v. Worthington , 250 Ga. 730, 731 (1) (301 SE2d 44) (1983); Dept. of Human Resources v. Mitchell , 232 Ga. App. 215, 216-217 (1) (501 SE2d 508) (1998). But, artificial insemination has created an exception to that law. The Supreme Court of Georgia has ruled that, in Georgia, biological paternity does not create a responsibility to provide support in cases of artificial insemination. Pruitt v. Lindsey, 261 Ga. 540, 541 (2), n. 2 (407 SE2d 750) (1991).

This issue was taken up again in Brown v. Gadson, 288 Ga. App. 323 (654 SE2d 179) (2007), and the Court of Appeals affirmed that artificial insemination does not create a responsibility to provide support, especially when the mother and sperm donor enter an agreement. This case had a slight twist because the agreement was made in Florida, and under Florida law, these agreements are valid and enforceable. Fla. Stat. § 742.14; see also Lamaritata v. Lucas, 823 S2d 316, 319 (Fla. App. 2002) (holding under the foregoing statute that “[a] person who provides sperm for a woman to conceive a child by artificial insemination is not a parent”).