Christina R. Jenkins, LLC Cartersville Lawyer | Christina R. Jenkins, LLC | Bartow County 2026-05-12T05:21:40Z https://www.christinarjenkins.com/feed/atom/ WordPress /wp-content/uploads/sites/1100545/2019/05/cropped-Fav_Icon-min-1-32x32.jpg On Behalf of Christina R. Jenkins, LLC <![CDATA[5 common myths about adoption in Georgia debunked]]> https://www.christinarjenkins.com/?p=247070 2026-05-12T05:21:40Z 2026-05-12T05:21:40Z Adoption is more common than many people realize. Understanding the facts can help you move forward with confidence rather than hesitation based on outdated or incorrect information.

Myth 1: Only stepparents can adopt in Georgia

Georgia law does not limit adoption to stepparents. Under O.C.G.A. § 19-8-3, any adult who is at least 21 years old may petition to adopt. Grandparents, relatives and unrelated adults may all qualify. The petitioner must also be at least 10 years older than the child.

Myth 2: The process always takes years

Georgia adoptions follow a multi-step process that includes training, home study and placement. The timeline varies based on factors like your relationship with the child and the status of the biological parents' rights. Many adoptions move faster than people expect.

Myth 3: Adoption costs too much

Cost depends heavily on the type of adoption. Foster care adoptions typically involve minimal fees. Georgia's Division of Family and Children Services may also offer adoption assistance or subsidies for children in foster care. These options are worth exploring before assuming adoption is out of reach.

Myth 4: Biological parents can reclaim a child after adoption

This is a common fear with no legal basis. Georgia law provides a strict four-day window for biological parents to withdraw consent after signing. Once a court issues a final decree, the adoption is permanent. Adoptive parents hold the same rights and responsibilities as biological parents.

Myth 5: Adopted records are sealed forever

Sealed records are a thing of the past in Georgia. Under Senate Bill 100, known as Andee's Law, adopted individuals aged 18 and older can request their original birth certificate directly from the State Registrar starting July 1, 2025. Key details to know include:
  • Who qualifies: You must be at least 18 years old.
  • How to request: You contact the State Registrar directly.
  • What changed: Georgia no longer automatically seals original birth records from adoptees.
This is a significant shift from how Georgia handled adoption records in the past.

What to do next

Adoption law in Georgia involves specific eligibility rules, timelines and court requirements. An attorney can help you understand your options and how these rules apply to your situation.  ]]> On Behalf of Christina R. Jenkins, LLC <![CDATA[How child custody arrangements are determined in Georgia]]> https://www.christinarjenkins.com/?p=247025 2026-01-29T09:22:44Z 2026-01-29T09:22:44Z Child custody decisions can shape your child’s stability for years. In Georgia, courts focus on creating arrangements that support a child’s safety, routine and emotional health rather than parental preference.

The best interests of the child standard under Georgia law

Georgia courts decide custody based on what is best for the child. Under O.C.G.A. § 19-9-3, judges look at the child’s safety, emotional health and overall stability. The law does not favor mothers or fathers and does not require any specific custody arrangement. Courts may consider factors like the child’s relationship with each parent, each parent’s ability to provide a stable home and any history of violence or substance abuse.

Legal custody and physical custody

Georgia recognizes two separate forms of custody. Each affects a different aspect of parenting. Legal custody determines who makes major decisions about education, medical care and general welfare. Physical custody determines where the child lives and which parent provides daily care. Courts may award sole or joint custody for either category based on the facts of the case.

Joint custody and parenting plans

Georgia courts often favor joint custody when parents can cooperate. In every custody case, parents must submit a detailed parenting plan that explains how custody will function day to day. A parenting plan typically covers:
  • Decision-making authority: How major decisions are handled and who has final authority.
  • Parenting time schedule: Weekdays, weekends, holidays and school breaks.
  • Conflict resolution: Agreed steps for handling future disputes.
Clear plans can reduce conflict and help maintain consistency for the child.

Factors judges commonly evaluate

Judges consider many aspects of family life. No single factor controls the outcome. Common considerations include:
  • Emotional bonds: The child’s relationship with each parent.
  • Home stability: Each parent’s ability to provide a consistent environment.
  • Care history: Past involvement in daily parenting tasks.
  • Safety concerns: Evidence of abuse, neglect or substance misuse.
These factors are weighed together to determine what best supports the child.

Why consulting an attorney can matter

Custody cases can be confusing and involve many legal rules. Talking with a family law attorney can help you understand how Georgia courts decide custody and how issues like parenting plans or a child’s preference may affect your situation. With clear guidance, you can better understand what to expect and how the process works.]]> On Behalf of Christina R. Jenkins, LLC <![CDATA[How to adopt a child in Georgia]]> https://www.christinarjenkins.com/?p=247022 2025-11-18T06:40:19Z 2025-11-18T06:32:43Z What are the criteria for adopting a child in Georgia? Georgia adoption laws require a strict and thorough assessment of prospective adoptive parent/s. To be eligible, you and your spouse must be:
  • A resident of Georgia for at least six months
  • If married, at least 10 years older than the child
  • Be financially and mentally capable of caring for a child permanently
  • Submit a medical records evaluation
  • Pass a criminal record and drug screen check
Being physically well can also help show your ability to provide a loving and stable environment to the potential child that you are soon going to welcome into your home.

What happens during the adoption process?

During the adoption process, you and your spouse will attend a pre-service training program. This program is designed by the Division of Family and Children Services to help prospective parents gain valuable skills and knowledge about adoptive care, prior to being placed with their potential child or children. After the training program, a social worker will visit your home to perform a comprehensive study that evaluates you and your spouse’s eligibility for adoption. If you pass this step, the agency will match you with a child. During this process, you and your spouse can review the child’s information and agree (or disagree) about the possibility of the proposed match. If you both agree to the proposed match, you and your family will meet the child and begin to spend time with them before signing an “adoption placement agreement.”

Welcome to your new chapter

As a final step in your adoption journey, you will need guidance from a family law attorney who can help complete the legal process with you. During this procedure, they will reach out to the child’s birth parents and obtain consent from them. In this formal meeting, they will agree to terminate their parental rights as the child’s birth parents and finalize the adoption process in court.]]> On Behalf of Christina R. Jenkins, LLC <![CDATA[How do closing delays impact a home sale?]]> https://www.christinarjenkins.com/?p=247020 2025-08-14T14:05:11Z 2025-08-14T14:05:11Z Closing delays can cause unnecessary stress and complications for both buyers and sellers in a real estate transaction. When parties push back the agreed-upon closing date, it can lead to several issues that disrupt plans. Understanding these challenges and how to prevent them can help ensure a smoother closing process for everyone involved.

Impacts of closing delays

Closing delays can have a significant effect on both the buyer and the seller. Buyers face risks with financing. If the buyer's mortgage approval gets delayed, the interest rate may increase, leading to higher monthly payments or even loss of financing. Sellers also encounter problems. They may have already made moving plans, secured a new home, or signed rental agreements. Delays can even cause them to lose the buyer, especially in a competitive market where new offers can come in quickly. In some cases, the transaction may fall through completely. Buyers might grow frustrated with the delay, or sellers may decide to accept a new offer, leaving the first deal in limbo. Both sides can lose time and money due to delays, which adds to the frustration and stress.

What can be done to prevent delays?

To avoid closing delays, all parties involved should stay organized and communicate regularly. Buyers should start the mortgage process early to prevent last-minute approval issues. Getting pre-approved for a loan before making an offer helps streamline the process and provides more confidence during negotiations. Sellers can schedule inspections early and address any issues that arise during the inspection. Both buyers and sellers need to submit all required paperwork on time and accurately. This includes documents related to title searches, insurance, and inspections. The sooner everyone submits necessary paperwork, the less likely a delay will happen. Real estate transactions depend on timely coordination between buyers, sellers, and various service providers. Staying proactive will help keep the process on track and ensure both parties can move forward without unexpected setbacks. Everyone should aim to resolve potential issues before they snowball into larger problems.]]> On Behalf of Christina R. Jenkins, LLC <![CDATA[What are the rights of birth parents in Georgia adoptions?]]> https://www.christinarjenkins.com/?p=247018 2025-05-16T23:48:07Z 2025-05-16T23:48:07Z If you are an adoptive parent, understanding the rights of birth parents during the adoption process in Georgia is essential. These rights shape how the adoption proceeds and affect your role as a new parent.

Understanding birth parents’ consent

Birth parents must provide legal consent before an adoption can move forward. This consent gives them the right to approve or deny the adoption plan. Typically, consent is given after the child’s birth, except when a court terminates parental rights due to neglect or abandonment.

Revoking consent and its impact

Birth parents can revoke their consent within seven days after signing it. After this period, the consent becomes final, allowing the adoption to proceed. This timeframe is important for both birth and adoptive parents to ensure decisions are thoughtful and stable.

Birth parents’ access to legal support

Birth parents have the right to legal counsel to explain their options and the adoption process. This support helps them understand what they are agreeing to and protects their interests. Adoptive parents benefit when all parties have clear legal guidance.

Privacy and confidentiality protections

Georgia law protects the privacy of birth parents throughout the adoption. Their identities can remain confidential, especially in confidential or anonymous adoptions. Adoptive parents may agree to open adoption arrangements if birth parents desire ongoing contact.

Open adoption and cooperation

Open adoption agreements allow birth parents and adoptive families to maintain contact through visits, letters, or updates. Successful open adoptions require cooperation and mutual respect between birth and adoptive parents. Knowing the rights of birth parents helps adoptive parents understand the process and build trust. It encourages open communication and respect between all parties. Georgia’s laws balance these rights with the child’s best interests, creating a clearer path for everyone involved.]]> On Behalf of Christina R. Jenkins, LLC <![CDATA[How does a foreclosure impact commercial property owners?]]> https://www.christinarjenkins.com/?p=247013 2025-02-19T19:22:13Z 2025-02-19T19:22:13Z When commercial property owners fall behind on mortgage or tax payments, lenders or tax authorities may start foreclosure. This process allows them to take and sell the property to recover the unpaid debt. Owners dealing with foreclosure face financial, legal, and business challenges that may also affect their tenants. Understanding the steps involved and the possible consequences can help owners plan ahead and reduce risks.

Handling lease agreements and tenant concerns

In Georgia, commercial property owners need to review their lease agreements carefully to determine how foreclosure may affect their tenants. Under Georgia law, lease terms dictate whether a tenant can remain in the property after foreclosure. Some leases include provisions that allow them to continue under the new owner, while others may be terminated. Informing tenants about potential changes and following state legal requirements can prevent misunderstandings and disputes. Open communication with tenants can also encourage cooperation and a smoother transition if foreclosure occurs.

Tenant eviction and legal issues

If the new owner intends to use the property differently, eviction may be necessary. Georgia follows a non-judicial foreclosure process, meaning evictions can happen relatively quickly if the lease does not protect the tenant. Property owners should be familiar with Georgia’s eviction laws, which generally require proper notice to tenants before removal. Offering clear information to tenants and working with them on solutions, such as lease buyouts or relocation assistance, can help ease the transition and minimize legal challenges.

Financial struggles and business impact

Foreclosure can hurt an owner’s business and finances. It may become harder to get loans, pay bills, or keep up with maintenance. Finding financial help or adjusting business plans can lessen these problems. Owners should also consider options like restructuring debt, working with financial advisors, or seeking temporary relief from lenders to avoid further financial damage. Owners should talk to legal and financial professionals to explore options before foreclosure is final. Negotiating with lenders, selling early, or working with buyers can reduce financial loss. Keeping communication open with tenants and buyers can also help owners make better decisions. Taking early action and seeking professional advice can provide more opportunities to protect assets and maintain stability in a challenging situation.]]> On Behalf of Christina R. Jenkins, LLC <![CDATA[Do you need to be wealthy to adopt a child?]]> https://www.christinarjenkins.com/?p=247011 2024-11-21T17:44:23Z 2024-11-21T17:44:23Z Many people assume that adoption is only for the wealthy. This belief can discourage loving families from pursuing adoption. But is it true that only wealthy individuals can afford to adopt a child? The reality may surprise you.

Different types of adoption costs

The costs of adoption can vary widely depending on the type of adoption. Private adoptions through agencies often come with higher fees, but there are more affordable options available. Foster care adoption is one of the most cost-effective paths, as many states provide subsidies and cover most expenses. International adoptions can be more costly due to travel and legal fees, but grants and financial aid are often available to help.

Financial support and grants

Adopting a child doesn’t necessarily mean covering all the costs alone. Many families qualify for financial aid, grants, and employer adoption benefits. Numerous non-profit organizations offer grants specifically to help adoptive parents manage the costs. Tax credits are also available, which can significantly offset expenses. These financial support options help make adoption possible for many families, regardless of their income.

Budgeting and planning make adoption achievable

Careful budgeting and planning can make adoption accessible for families who are not wealthy. Many agencies offer payment plans that break down costs over time. Families can also choose a type of adoption that fits their financial situation. It’s important to remember that love, stability, and commitment are what make a family, not wealth. Adoption is not reserved for the wealthy; it is reserved for those who have the love and capacity to provide a stable home for a child. While the costs may seem intimidating, numerous resources exist to support families from different financial backgrounds. Adopting a child requires emotional readiness and a willingness to navigate the adoption process, but it does not require being wealthy.]]> On Behalf of Christina R. Jenkins, LLC <![CDATA[How to spot surprise real estate transaction fees before signing]]> https://www.christinarjenkins.com/?p=247009 2024-08-21T14:45:13Z 2024-08-21T14:45:13Z Purchasing real estate often comes with unexpected costs that can catch buyers off guard. These surprise fees can add up quickly, turning what seemed like an affordable deal into an expensive money sink.  Knowing what to look for before signing can help you avoid these surprises and maintain financial health.

Administrative fees

One common fee to watch for is the administrative or processing fee. This fee refers to the cost of processing the transaction, and it is often charged by the real estate agency or brokerage. While it may seem minor, it can range from a few hundred to a few thousand dollars. It is worth asking if the other party will reduce or waive this fee before you agree to pay it.

Document preparation fees

Another fee to be aware of is the document preparation fee. This fee covers the cost of preparing necessary legal documents, such as the deed and title. Some sellers include this fee in the overall price, but it can come as a nasty surprise if the seller charges it separately. Be sure to verify if this fee is already included or if it will be an additional expense.

Title insurance fees

Title insurance protects against claims or liens against the property. While lenders usually require buyers to purchase lender’s title insurance, they may also charge buyers for owner’s title insurance. Reviewing the title insurance details can prevent paying for unnecessary coverage.

HOA fees

The homeowners association fee is another potential surprise. If the property is part of an HOA, buyers may have to pay a fee to transfer ownership within the association. This fee is often not disclosed until late in the transaction, so consider asking about it early. Being aware of these fees ensures that you can spot them during a real estate transaction and ask the right questions of the other party. Strive for clear communication with all parties involved so you can have a smoother, more transparent transaction.]]> On Behalf of Christina R. Jenkins, LLC <![CDATA[How to divorce an alcoholic]]> https://www.christinarjenkins.com/?p=247003 2024-05-17T16:24:05Z 2024-05-17T16:24:05Z Acknowledge the problem The first step in divorcing an alcoholic involves coming to terms with the matter. Recognize that the spouse's alcohol misuse is causing great harm to the marriage and family. After doing this, you will be in a better mindset to dissolve your marriage.

Seek support

Going through a divorce can be an isolating experience, especially when dealing with an alcoholic partner. Seek help from friends, family or support groups to provide emotional strength and guidance. These systems grant a measure of relief from the stress and uncertainty of the divorce process.

Document alcohol-related incidents

Preserve evidence of episodes relating to the spouse's alcoholism. A detailed record of events, including dates, times and descriptions, can prove invaluable in divorce proceedings. A judge is more likely to rule in your favor if you demonstrate the impact of the spouse's alcoholism on your home life.

Prioritize safety

If the alcoholic spouse's behavior becomes abusive or dangerous, find another place to stay. Leaving is mandatory when you have young children, as they depend on you to protect them. Courts often weigh a parent's ability to provide a stable and safe environment. Explaining how the alcoholic spouse's behavior is affecting juveniles can be a determining factor in custody decisions.

Focus on finances

Alcoholics often steal money or spend what they do not have to get their next drink. For this reason, you must be extra cautious to protect your finances. Open separate accounts, gather relevant financial documents and plan for coming fiscal needs. Although the divorce process is typically unpleasant, the results of ending an unhealthy relationship make the burden entirely worthwhile. Ultimately, you will enjoy a healthier, more stable life.]]> On Behalf of Christina R. Jenkins, LLC <![CDATA[Can a child live with a parent who suffers from mental illness?]]> https://www.christinarjenkins.com/?p=246997 2024-02-14T20:38:59Z 2024-02-14T20:38:59Z Mental health concerns In many cases, parents fight over child custody in court. In other cases, they are able to work things out on their own. In either case, however, they must make decisions about many things, including child custody, or the court will decide for them. If someone brings up concerns about one of the parent’s mental health, assuming it is factual, the parent who suffers from the mental health condition may feel afraid and scared that the court will take their child away from them.

The court's role in determining custody

Rest assured that the courts are not out to take kids away from their parents. In fact, the role of the courts as it relates to child custody is to ensure children are safe, healthy and happy. To that end, the law has a series of factors called “the best interests of the child” for courts to use when evaluating what is in the best interests of children in divorce cases. The court understands that the statistics surrounding mental health in our country are quite staggering. In the United States, one in five adults lives with a mental health condition. Chances are, you know someone who lives with a mental health condition or you have one yourself. Either way, science has shown that many mental health conditions can be treated and in many cases, a parent having one does not affect a child at all.

But what if it does?

The court must evaluate any concerns raised about a parent’s mental health because they involve the best interests of the child. If a parent lives with a mental health condition, the court may ask to see medical records, professional opinions from the parent’s physician, or an independent psychological evaluation. In these cases, the court is not trying to prove that the parent is unfit, but rather evaluating the circumstances to ensure that the child is safe. Thus, the focus is not against the parent but on the safety of the child. This is an important distinction that parents should understand.

What the court wants to see

If a parent has a mental health illness, the court wants to ensure:
  • The parent is under treatment
  • The treatment is working effectively
  • The parent adheres to the treatment
  • The child is not negatively affected by the condition
  • The parent can care and provide for the child
Considering these factors and others, the court will make a determination about whether this is an issue at all. In some cases, even if the parent has a mental health condition, it will not be a consideration if it does not impact the child in a negative way.

Conclusion

Mental health conditions are more common than ever these days. Courts know that and at the same time, divorcing parents may be concerned about how this may affect the court’s view of them and their opinion of them as parents. While judges typically look into all of these concerns, the court is looking at the big picture to ensure that the parents are meeting their child’s needs and providing them with a safe, happy and healthy environment in compliance with the law.]]>