Christina R. Jenkins, LLCCartersville Lawyer | Christina R. Jenkins, LLC | Bartow County2024-02-14T20:38:59Zhttps://www.christinarjenkins.com/feed/atom/WordPress/wp-content/uploads/sites/1100545/2019/05/cropped-Fav_Icon-min-1-32x32.jpgOn Behalf of Christina R. Jenkins, LLChttps://www.christinarjenkins.com/?p=2469972024-02-14T20:38:59Z2024-02-14T20:38:59ZMental 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.]]>On Behalf of Christina R. Jenkins, LLChttps://www.christinarjenkins.com/?p=2469932023-12-01T00:17:23Z2023-11-30T22:41:20ZFiling the petition
Initiating the stepparent adoption process begins with filing a petition in the superior court of the county where the stepparent and the child reside. This document outlines the details of the adoption and is the first formal step in the legal procedure.
Consent of the noncustodial parent
According to the U.S. Census, 2,413,441 households have at least one stepchild. However, adopting a stepchild requires the consent of the noncustodial parent. If the noncustodial parent is unwilling to give consent, the court may consider terminating his or her parental rights in certain situations.
Home study investigation
A home study evaluation ensures that the stepparent's home provides a stable and supportive environment for the child. It includes interviews, home visits and a comprehensive assessment of the stepparent's capability to care for the child.
Court hearing
During the hearing, the judge reviews the case, considers any objections raised and ensures that the adoption is in the best interests of the child. The court may ask questions to assess the relationship between the stepparent and the child, emphasizing the importance of a positive and nurturing connection.
Finalization of adoption
If the court approves the adoption, the final step involves obtaining a new birth certificate for the child. This certificate solidifies the legal relationship between the stepparent and the child.
The stepparent adoption process in Georgia safeguards the best interests of the child involved. While the process may seem intricate, each step ensures a stable and loving environment for the child within the new family structure.]]>On Behalf of Christina R. Jenkins, LLChttps://www.christinarjenkins.com/?p=2469452023-08-24T19:03:04Z2023-08-24T19:03:04ZAdultery
According to Forbes, 60% of couples cite infidelity as a reason for their divorce. If your spouse was unfaithful, that betrayal is grounds for divorce. If you file for divorce as a result of adultery, you need evidence to prove that the betrayal happened. This may require investment in a private investigator or extensive research on your part before you actually separate.
Desertion
When your spouse leaves the marital home and wilfully abandons you for at least a year without mutual agreement, you may be able to file for divorce on the grounds of desertion.
Addiction
Substance abuse of any kind can take a toll on relationships. When your spouse has an addiction problem, whether to alcohol or illegal substances, that addiction is grounds for divorce.
Cruelty
Cruelty is a broad term when it comes to petitioning for divorce. It includes treatment such as physical violence, emotional abuse or financial control. If you suffer mistreatment by your spouse, file for divorce on cruelty grounds.
There are many avenues to file for divorce depending on your personal situation. Consider the state’s permissible grounds for divorce carefully as you make your decision.]]>On Behalf of Christina R. Jenkins, LLChttps://www.christinarjenkins.com/?p=2468722023-05-19T21:24:16Z2023-05-19T21:23:24Zdeposit made by the homebuyer during the initial stages of purchasing a home. It signals to the seller that the buyer is serious about the purchase.
Typically, if the home sale goes through, the earnest money goes toward the down payment or closing costs. However, in certain circumstances, you might find yourself losing this earnest money.
Backing out of the contract
If a buyer decides to back out of the contract without a valid reason covered by a contingency, they stand to lose their earnest money. The seller has the right to keep the earnest money as compensation for the time the home was off the market.
Not meeting financing deadlines
A common contingency in real estate contracts is the financing contingency, which allows the buyer to back out if they cannot secure a mortgage. However, if the buyer fails to apply for a mortgage in a timely manner as outlined in the contract, or if the buyer's financial situation changes and they no longer qualify for a mortgage, the buyer could lose their earnest money.
How to protect your earnest money
To avoid losing your earnest money, ensure that you fully understand all the terms of the contract, especially the contingencies and their deadlines. It is also important to keep your finances stable during the home-buying process to avoid issues with your mortgage application.
If you are buying a home, it is important to understand the risks and take steps to mitigate them. By knowing what to do, you can protect your earnest money and help ensure a smoother home-buying process.]]>On Behalf of Christina R. Jenkins, LLChttps://www.christinarjenkins.com/?p=2468602023-02-23T02:43:16Z2023-02-23T02:43:16ZInspection requirements
Many aspects of the property can affect its viability for business. This makes it even more important to conduct multiple, thorough inspections as compared to a residential real estate transaction. Consider hiring a building inspector and surveyor as well as working with the Georgia EPD for environmental testing before signing any contracts.
Inaccurate property valuations
The asking price for a commercial property can sometimes seem excessive in contrast to its apparent ability to generate revenue. Seeking a second opinion before committing is a prudent decision that can mitigate the risk of complications stemming from inaccurate valuations.
Unclear liability
Before finalizing any real estate transaction, it is crucial that you take steps to understand the liabilities you are assuming. Not only can a contract hide ownership responsibilities such as tax obligations, but you might also unwittingly accept liability for any legal violations occurring on the property.
Navigating a commercial real estate transaction can be difficult, all the more so when complications emerge. Addressing every point of uncertainty ahead of time can help ensure that no unpleasant surprises rear their heads as you work to achieve your business goals.]]>On Behalf of Christina R. Jenkins, LLChttps://www.christinarjenkins.com/?p=2468592022-11-18T19:51:33Z2022-11-18T19:51:33ZStrange account behaviors
If your soon-to-be ex-spouse starts making unexpected withdrawals from their financial accounts, it is worth scrutinizing the cause. Any attempts to change passwords or close joint accounts should be even more alarming.
Suspicious gifting habits
Another way an individual might try to keep an unfair share of assets is by sending gifts to friends. If your spouse gets the gift back after the divorce is final, then they successfully circumvent the standard process of dividing marital assets.
Decreased income
A sudden "decrease in income" can be indicative of an attempt to hide assets. Self-employed individuals or business owners might try to get away with this since their income typically fluctuates even in the best of times. Keep in mind that your spouse's business might be a marital asset, but even if it is not, you can still request a business valuation to help shed light on its true value.
No matter what circumstances lead to your divorce, the fact remains that both parties deserve a fair distribution of marital property. Attempting to hide assets is an unjust act and one that may ruin any chances of maintaining an amicable relationship going forward.]]>On Behalf of Christina R. Jenkins, LLChttps://www.christinarjenkins.com/?p=2468112023-12-01T00:16:52Z2022-08-26T20:27:45Zlegally adopt your grandchildren.
Why should you adopt your grandchild?
Adoption allows many Georgia state agencies to provide services to help them. The Division of Child Support Services can help you access many different kinds of help, including child support payments, SNAP, Healthcare and other supports. DHS and AARP also have systems in place to help adoptive grandparents be successful.
Additionally, formalizing your relationship with your grandchildren provides both you and them with the reassurance of a legal designation. This can give you a sense of security, a legal safety net and peace of mind knowing your relationship is solid and safe.
How do you adopt a grandchild in Georgia?
First, you must be eligible to be an adoptive parent. You must::
Have lived in Georgia for at least 6 months
Be at least 10 years older than the child and 25 years old yourself
If married, must adopt jointly with your spouse
Have the ability to take care of the child
If the parents agree to the adoption, or if the parents have had their legal rights taken away, you may file for the adoption in the Superior Court in the county where you live.
Legalizing your parental relationship with your grandchildren can unlock a wealth of opportunities for aid and assistance, as well as provide you and the children peace of mind.]]>On Behalf of Christina R. Jenkins, LLChttps://www.christinarjenkins.com/?p=2468062022-05-21T16:19:49Z2022-05-21T16:19:49ZA neutral party with training
Forbes discusses the use of mediators in a divorce situation. Essentially, the job of a mediator remains the same whether they come into business deals or divorce situations. They exist as a neutral third party that listens to the other parties and helps them come to an agreeable final conclusion.
They have training in de-escalation, which allows them to step in and stop arguments from spiraling wildly out of control. They also ensure that both parties get to have fair amount of time to speak, ensuring that no one gets drowned out by particularly talkative or loud opposition.
Valuable opinions and suggestions
On top of that, they can offer unique advice and suggestions due to their position as a neutral party. They can look at issues from an entirely different lens. It is also easier for divorcing couples to trust mediators because they do not have any investment in either party and can provide safe neutrality.
However, mediators cannot make decisions for divorcing couples. They do not have the legal authority of arbitrators or judges, so they cannot make legally binding orders. They can only guide couples toward making decisions on their own.]]>On Behalf of Christina R. Jenkins, LLChttps://www.christinarjenkins.com/?p=2465992022-02-23T19:26:47Z2022-02-23T19:26:47ZFinancial instability
Most couples experience some level of unevenness in their respective incomes, but some couples have significant differences in their financial status as individuals. There are many reasons that one person may make less money than their wife or husband. Taking on the duties of homemaker and stay-at-home parent, compromising their career to support their ambitious spouse or simply just having two different skillsets or experiences that produce unequal monetary gains.
Pendente lite
Due to the difficulty that drawn-out divorce proceedings may have on the lesser-earning spouse, a pendente lite order can establish spousal support on a temporary basis while the divorce is still pending completion. While it is not guaranteed that the terms of a pendente lite order will carry over into the permanent divorce order, it is common that some of the details remain mostly unchanged.
Divorce orders that include spousal support are often put in place to enable both spouses to maintain the standard of living to which their marriage had accustomed them to.]]>On Behalf of Christina R. Jenkins, LLChttps://www.christinarjenkins.com/?p=2465872021-12-01T01:59:59Z2021-12-01T01:59:59Z1. Title search
A title search is a thorough inspection of all public records concerning the property and its owners. In Georgia, the title company can go back 50 years to find information such as:
Deeds
Liens
Paving assessments
Wills
Mortgages
Divorce settlements
If you buy a newly built house, the search process may not take as long as purchasing an older home.
2. Title examination
The examination begins upon completion of the search. An examiner reviews all documents to determine if there is anything that will impede the sale. The assessment will find if there are any other people possibly tied to ownership of the property.
The title search and examination take place while the property is under contract. If any issues arise from this, you may have the opportunity to withdraw from the transaction.
When it comes to buying a new home, the fun is in the looking; the work is in the closing. Do your own due diligence to make sure the home you choose does not have any unforeseen problems.]]>