Posts by Scott Shaw
Can Interfering with Visitation Jeopardize Custody?
Can a parent in Georgia lose custody of their children if they interfere in the other parent’s visitation or parenting time, or unreasonably behave in allowing access to a child? The short answer is yes. In Medley v. Mosely, 780 SE.2d 31, the Georgia Court of Appeals, citing approval from the Georgia Supreme Court, upheld…
Read MoreParental Alienation
I have written on the topic of parental alienation multiple times over the years. Recently I received a call from a colleague asking for advice on how to handle a case that he had, and a few days later a new client with a case with disturbing fact patterns that screamed of parental alienation retained…
Read MoreWhat Happens When You Don’t Answer a Georgia Divorce Petition or Other Family Law Complaint?
People have many reasons why they may not file an Answer when served with a Complaint for Divorce or some other family law pleading. None of these reasons matter. If you want to protect yourself, you must file an Answer. Not filing an Answer does not slow down or halt proceedings in any way. If…
Read MoreFraudulent Conveyance
In divorce law in Georgia sometimes a spouse will try to convey (give away or sell) property such as a home or stock, or the rights to a patent, or any piece of property, to keep it from their spouse should they ever divorce. Often this sale of property will be to a family member…
Read MoreWaiver of Alimony and Attorney’s Fee in Contempt Cases
A profound change in the law for family law cases in Georgia has quietly occurred. This change is applicable to both contempt cases and modification cases after divorce. It materially impacts the award of attorney’s fees in contempt or modification cases, which often ends up being much more important that the actual substantive issue underlying the contempt…
Read MoreHome Rights of Unmarried Cohabitants
If you are unmarried and cohabitate with your partner in their home, do you have any rights or financial interest in the home? First, under Georgia law, you are considered an at-will tenant and cannot be kicked out of the house. You can only be removed by the legal process of eviction. As to ownership…
Read MoreIs a Divorce Agreement to Pay Child College Expenses Modifiable?
Georgia courts cannot order a parent to pay for a child’s college expenses because they do not have the power to order child support past the age of 18 years, unless the child is enrolled full-time in high school, and then until no later than the child no longer being enrolled (dropped out or graduated),…
Read MoreWomen: Preparing to File for Divorce
The possibility of filing for divorce may seem confusing, intimidating, or even terrifying. Unfortunately, many women who file for divorce may be met with hostility by narcissistic husbands who ignore their wives’ contributions to the family—and these men may lash out in response. For this reason, it’s vital that women are financially, emotionally, and physically…
Read MoreAre Gifts to a Spouse Still Considered to be Marital Property?
The attorney you retain makes a big difference in many divorce cases. I have seen this repeatedly, as I am often the second or third attorney on a case trying to fix the mess that preceded me. One of the reasons: the law is complicated and not as straightforward as it looks on the surface.…
Read MoreIs Parental Alienation Theory Scientific and Admissible in Georgia Courts?
Parental alienation is the concept that one parent can influence their children to– irrationally and without cause — dislike, fear, hate, and even despise their other parent. Children who are victims of parental alienation usually have a difficult time even articulating why they dislike the other parent. This concept was first coined by Dr. Richard…
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