Evans Georgia Legal Blog

Ways to successfully cope with co-parenting challenges

On behalf of Harrison & Medlin, P.C. posted in child custody and child support on Tuesday, January 28, 2020.

Navigating through new waters when it comes to working together as co-parents after a divorce can be challenging. Georgia co-parents may be interested in learning some strategies to help them deal with the most common issues they will face after a divorce.

One of the most important things a co-parent can do is try to maintain consistency in the lives of the children. Co-parents can work together to maintain this consistency by drawing up a standard routine that the children will need to follow. Agreeing on discipline methods and family rules that apply in both households will help the children feel secure.

Reasons many Georgia college students drink

On behalf of Harrison & Medlin, P.C. on Thursday, January 23, 2020.

Attending a 4-year college in Georgia or any other state can be an adventurous, exciting, yet challenging life experience. Perhaps, you are nearing your expected date of graduation or maybe you still have a few years to go to earn your degree. Either way, you can likely relate to the rigors of college life and how being busy, stressed, bored or simply looking for a good time might prompt you to imbibe alcohol.

Binge drinking is rampant on many college campuses in Georgia and elsewhere. If you were to take a survey regarding your reasons for wanting to drink alcohol, what would your answers be? If you are like many of your peers, you might say that alcohol helps you relax. The downside is that many college students get into legal trouble after drinking, such as if a police officer makes a traffic stop that turns into a DUI arrest.

Backseat passengers left behind by safety technology

On behalf of Harrison & Medlin, P.C. posted in car wrecks on Monday, January 20, 2020.

Modern vehicles do a better job of protecting drivers and front-seat passengers than they do protecting people riding in the back seat, according to a leading safety institute. As a result, rear-seat passengers in Georgia and elsewhere are being placed at elevated risk of injury and death.

Researchers with the Insurance Institute for Highway Safety analyzed data from 117 crashes that resulted in the death or serious injury of backseat passengers over the age of 6. They found that automakers have done an excellent job of upgrading safety features for the front-seat vehicle occupants over the years. For example, air bags and crash-activated seat belt tensioners have significantly reduced the risk of injury for people riding in the front seat. However, they also found that carmakers have failed to provide similar safety features for backseat occupants, leaving them more vulnerable to injuries in crashes. Of the backseat victims included in their analysis, around one-third suffered chest injuries and 27 suffered head trauma.

Postnuptial agreements for small business owners

On behalf of Harrison & Medlin, P.C. posted in Divorce on Friday, January 10, 2020.

Small business owners in Georgia may want to take special care to protect their companies from a divorce or dissolution. This is especially true for the founders of new startups who are looking for investments from venture capital companies. Many business advisers will recommend that business founders opt for a prenuptial agreement before getting married that specifically deals with how the business will be handled in the divorce. This does not have to mean that the other spouse walks away with nothing; it may provide for other types of compensation while keeping the company itself walled off from the property division process.

Many businesses have faced serious problems when a founder of a closely held company divorces. They may need to divide shares in the company, changing the environment at the firm, or even put the company on the market in order to split the proceeds from a sale. In other cases, company funds may be needed to buy out one spouse in the divorce, even if the other spouse was the only one active in running the business on a daily basis. As a result, many investors and venture capital firms want to see proper agreements on record before sinking funds into an exciting startup venture.

Ignition interlock device may cause distracted driving

On behalf of Harrison & Medlin, P.C. posted in car wrecks on Wednesday, January 8, 2020.

Drivers in Georgia have probably heard of the ignition interlock device, an in-car breathalyzer that prevents a car from starting if the driver is found to be drunk. According to the CDC, the IID reduces repeat DUI offenses by as much as 70% when installed. Those states that require DUI offenders to install an IID see 15% fewer alcohol-related crash deaths than states that do not.

IIDs have tripled in use over the past decade with 34 states having some sort of IID requirement for DUI offenders. The benefits are well-documented, yet there is one danger attached to them. IIDs oftentimes request "rolling retests" while the car is in motion and set off an alert if drivers fail to take the breath test. While the devices don't interfere with the vehicle's operation, they can prove to be at least a cognitive distraction.

January is popular month for divorce filings

On behalf of Harrison & Medlin, P.C. posted in Divorce on Monday, December 30, 2019.

For people in Georgia, the holiday season is often a time of family gatherings and parties. When January rolls around, however, many couples decide that its time to file the divorce paperwork. The month of January is called "divorce month" by some people in the legal community because so many people choose to file for divorce at this time.

January is the start of the New Year, and some people may want to file their divorce paperwork now so that their divorce is completed before the summer rolls around. Other people may simply have been delaying a divorce until after the holiday season was over. If a divorcing couple has children together, they may not have wanted to let their kids know about the divorce while festivities were ongoing.

Help yourself stay safe this New Year's Eve

On behalf of Harrison & Medlin, P.C. on Tuesday, December 24, 2019.

Celebrating the end of the year and the beginning of a new one is something that many Georgia residents look forward to. You may already have your plans in place for how you will spend New Year's Eve and are excited about the upcoming events. Of course, numerous other people are likely feeling the same excitement.

If you are going out on New Year's Eve rather than hosting a party at home, it is important that you know how you are getting home and remember that this holiday is known for serious accidents. After all, many parties go well into the night and offer alcoholic beverages. As a result, drunk drivers are likely to be on the road.

Speeding and bad brakes top causes of truck accidents

On behalf of Harrison & Medlin, P.C. posted in truck wrecks on Monday, December 23, 2019.

Drivers have to share the roads in Georgia with large commercial trucks. Most truck drivers do their jobs responsibly, but terrible accidents can occur when truckers act recklessly. A large study of two-vehicle accidents involving trucks by the Federal Motor Carrier Safety Administration found that speeding and brake failures were the leading reasons behind crashes caused by truck drivers.

The Large Truck Crash Causation Study published an analysis of 963 accidents that included injuries or death. Among these cases, researchers determined that truck drivers had been blamed for 44% of the wrecks. Speeding represented the main cause for 23% of those crashes with at-fault truck drivers. Speeding took the form of exceeding the posted speed limit or going too fast for conditions. Regardless of the posted speed limit, truck drivers should reduce their speed on highways to 40 mph on a wet road and 30 mph on a snowy road.

Creating a financial plan during a divorce

On behalf of Harrison & Medlin, P.C. posted in Divorce on Tuesday, December 17, 2019.

The national divorce rate has fallen to about 39% since the 1980s, but there is no guarantee that a Georgia couple won't experience divorce themselves. Therefore, a married partner should be prepared ahead of time for the financial consequences a divorce can bring.

A spouse may want to speak with both an attorney and a financial planner before and during the divorce process itself. This may help a person understand what they may be entitled to in a settlement. A financial planner may also be able to provide insight into how dividing assets could impact an individual's tax situation. To determine what could be split in a divorce, a spouse must first take an inventory of household assets. These assets could include money in a bank account, brokerage account or retirement account. They could also include equity in a property or anything inside of a home that was purchased with joint funds.

Protecting fathers' rights to child custody

On behalf of Harrison & Medlin, P.C. posted in child custody and child support on Wednesday, December 11, 2019.

Georgia fathers may find themselves afraid that they will experience bias if they go to family court to resolve their child custody and support issues. Some dads stay in unhealthy relationships because they are afraid of losing custody of their children while others do not seek custody because they assume the mother will receive preference by default. While historically, mothers were often favored in child custody proceedings, modern family law recognizes the importance of both parents' involvement in a child's life. In fact, fathers who actively seek custody are more likely to be successful than mothers in court.

In the past, gender stereotypes and socially imposed roles were also reflected in family court. Mothers were seen as more nurturing and caring, the natural parent to raise a child. In addition, fewer women worked outside the home and often only in cases of necessity. Primary child custody being awarded to the mother was almost assumed in advance except in cases of clear unfitness. Fathers might receive only sparse visitation with their children as their primary contribution to their children's development was presumed to be financial. Time without the children would give them more space to develop their careers.