The Best Interests of the Child Standard

Georgia family courts prioritize the best interests of the child when making custody decisions. This standard requires the court to assess various factors to determine the most suitable living arrangement for the child involved. Factors considered include the child’s emotional and physical well-being, each parent’s ability to provide a stable environment, the child’s relationship with each parent, and the parent’s willingness to facilitate a healthy relationship between the child and the noncustodial parent.

4 Key Factors in Custody Determinations:

1. Parental Fitness: Georgia courts assess each parent’s ability to meet the child’s needs, considering factors such as physical and mental health, parenting skills, and involvement in the child’s life.
2. Child’s Wishes: While the child’s preferences may be taken into account, the court considers the child’s age, maturity, and reasons behind their preferences. It is not the sole determinant, but it can influence the decision.
3. Stability and Continuity: Courts typically favor arrangements that provide stability and continuity in the child’s life, including maintaining consistent schooling, living arrangements, and relationships.
4. Co-Parenting Skills: The court looks at the parent’s ability to communicate and cooperate in making decisions about the child’s upbringing. A willingness to support the child’s relationship with the other parent is crucial.

Tips for Georgia Parents in Custody Disputes

Prioritize the Child’s Well-being: Demonstrate a commitment to meeting the child’s physical, emotional, and educational needs. This can strengthen your case for custody.

Maintain a Positive Relationship with the Co-Parent: Courts value parents who can collaborate in the child’s best interests. Avoiding conflict and fostering a positive co-parenting relationship can be beneficial.

Document Relevant Information: Keep detailed records of your involvement in the child’s life, including visitation schedules, communication with the other parent, and any significant events or changes.

Seek Professional Guidance: Consult with a family law attorney like Phillips & Sellers Attorneys at Law to understand your rights, responsibilities, and legal options. Our attorneys can provide valuable advice tailored to your specific situation.

Contact Phillips & Sellers Attorneys at Law Columbus, GA

Navigating child custody laws in Georgia requires a thorough understanding of the best interests of the child standard and the factors that influence custody decisions. By prioritizing the child’s well-being, maintaining positive co-parenting relationships, and seeking professional guidance, parents can navigate the legal process with greater confidence and increase their chances of securing a favorable custody arrangement. 

Remember, each case is unique, and consulting with a knowledgeable family law attorney is crucial for tailored advice and effective representation in family court. 

Contact our office today for a consultation to discuss your situation with a professional family law attorney.

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Family Transitions Can Be Difficult

As a family lawyer in Georgia, I’ve witnessed firsthand the importance of having the right legal support during these sensitive moments. From Atlanta to Savannah, families across Georgia face a myriad of challenges and changes. Here, we’ll delve into five key legal solutions to help navigate family transitions effectively throughout Georgia and beyond.

1. Divorce and Separation:

Divorce is a significant life event that involves numerous legal complexities. In Georgia, the legal process of divorce involves several elements, including the division of property, child custody, spousal support, and more. Seeking the counsel of a family lawyer in Columbus, Georgia, is pivotal to navigating the legal intricacies and ensuring a fair and equitable resolution.

2. Child Custody and Support:

Determining child custody and support is often one of the most emotionally charged aspects of family law. Georgia courts focus on the child’s best interests when deciding on custody arrangements. Legal assistance is crucial in presenting a compelling case that considers the child’s welfare, ensuring fair custody and support agreements.

3. Adoption:

Adoption is a beautiful but legally intricate process. Whether you’re looking to adopt a child or considering placing a child for adoption, understanding the legal requirements and navigating the paperwork can be overwhelming. A family lawyer in Georgia can guide you through the adoption process, making sure all legal aspects are appropriately managed.

4. Prenuptial Agreements:

In today’s world, prenuptial agreements have become essential for many couples entering marriage. These agreements protect individual assets and establish guidelines for potential outcomes in case of divorce. Seeking legal counsel while drafting a prenup in Georgia ensures its validity and enforces the intended terms.

5. Mediation and Dispute Resolution:

Amidst family disputes, mediation can be a constructive method to resolve conflicts without heading to court. Mediation offers a more amicable and cost-effective approach to finding common ground. A family lawyer proficient in mediation can facilitate constructive dialogue, aiming for mutually agreeable solutions.

In Columbus, Georgia, accessing appropriate legal help during family transitions is paramount. Skilled family lawyers well-versed in Georgia’s family law system can offer the necessary support, guidance, and expertise to ease the legal complexities and emotional stress associated with these life-changing events.

Phillips & Sellers Family Legal Solutions

Family transitions are sensitive and often challenging. In Georgia, seeking legal assistance from a knowledgeable family lawyer can make a significant difference in achieving fair and satisfactory outcomes. Whether it’s divorce, child custody, adoption, or any other family-related legal matter, having a legal professional by your side ensures that your rights are protected and that the best interests of all involved parties are considered.

If you’re in Georgia and facing family-related legal issues, don’t hesitate to ask for legal guidance. Remember, having the right legal support can make these transitions smoother, offering a foundation for a more stable and positive future for you and your family.

For more information or to seek legal assistance, contact us today.

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Phillips and Sellers have been practicing criminal law in Georgia and Alabama for over 22 years. We are passionate about our work and strive to create a comprehensive and transparent environment for our clients. We believe in the right to a fair trial for everyone!

What is a Plea Deal in Columbus, Ga

A plea deal is an agreement between the prosecutor and the defendant wherein the defendant agrees to plead guilty in the court of law. When a defendant does this, there is a compromise from the prosecutor’s end of things. This may be a reduction of sentencing, reduced or dropped charges, and so on. 

This deal is agreed upon before a trial in order to avoid a lengthy and expensive criminal trial. This will also help the defendant avoid lengthy sentencing or getting more severe charges.

Know your Rights Around a Plea Bargain

Though plea bargains are less of a headache and will help speed up the process of your trial, you don’t have to take the deal. Though a lawyer might push the idea on you, ultimately, the decision to make a plea deal is solely up to the client. However, according to sources, “Defendants who reject plea bargains and are convicted when they choose to go to trial for many types of crimes face longer sentences – sometimes substantially longer – than defendants who make a deal.” 

Here at Phillips and Sellers, we keep the client’s best interest at heart and will never sway a client one way or another for our personal agendas. If we think a plea deal is what is best for you, we will inform you of that. If we think we should proceed with the trial, we will be transparent and communicative.

Do I Need a Plea Deal in the Court of Law?

Though it may sound nice to take the first plea deal offered to you, it is important that you know you are getting the best deal available to you. To ensure this, it is important to talk to a criminal defense attorney. Before accepting a plea deal, you should always talk to an attorney. An attorney will help you decide if your case is strong enough to go to trial. You should also consider if the offer is in your best interest. When you accept this deal, you are saying that you are pleading guilty or no contest. This means you will not have a trial. Before taking a plea deal you may consider the consequences that may come of pleading guilty to the charges that are brought against you. A lawyer who truly has your best interests will help walk you through if it is necessary to take this deal or not.

Trusted Criminal Defense Attorneys in Columbus, Ga

Here at Phillips and Sellers, we are experienced in criminal law. We want what is absolutely best for our clients and will not stop fighting until we get this for you. Phillips and Sellers have been a part of many plea deals. We know when and when NOT a defendant should accept it. Angela and Scott understand it can be scary and difficult to go through a trial. But are here to walk you through it, every step of the way.

Contact us today at (706) 653-7151 or click here to visit our website.

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Though no one wants to be in the situation of needing an attorney, things happen. When ‘things’ happen, don’t hesitate to call Phillips and Sellers Attorneys At Law. We have over 22 years of experience with Family Law, Divorce, and your Criminal Defense needs.

Trying To DIY Your Court Case

The ‘do it yourself’ approach to your court case can waste a lot of time and cause a lot of undue stress on the person who is trying to research their way through the court of law. Though there is lots of valuable information out there, none of it can take the place of a trained professional. However, it is recommended that you research reputable law firms, such as Phillips and Sellers Attorneys At Law. With over 22 years of experience, we can take care of your attorney needs. Taking advice from family and friends is also not recommended. Though your family and friends are well-intentioned, they certainly are not a trained legal professional.

Phillips and Sellers Confidentiality – Lawyer in Georgia and Alabama

We understand that no one wants to be in the position of hiring an attorney. However, in some cases, it just isn’t avoidable. If you are reluctant to hire an attorney because you are embarrassed about your case information or scared about privacy concerns, there is truly no need to worry. Phillips and Sellers ensure that all client information is completely confidential. Any information that you disclose to our attorneys cannot be repeated unless in a court of law. Embarrassment is understandable, however, this will be easily worked through by our professional attorneys at law. Phillips and Sellers Attorneys at Law has been in the business for a long time. Meaning they have seen plenty of cases and know how to handle your case with the best of care.

Free Consultations – Phillips and Sellers Law Firm – Legal Help Near Me

Though some people may be afraid of paying the initial consultation fee, this is not a problem at Phillips and Sellers. We believe in a fair chance for each and every person who is seeking legal help. In our opinion, this cannot be done if we charge a future client for their initial consultation. This is why in the majority of cases, there is no initial consultation fee. A client can come and meet with one of the attorneys for thirty minutes free of charge. If your situation is one that requires a consultation fee, you will be told the amount of the consultation fee at the time you schedule the appointment.

When to Give Your Lawyer a Call – Columbus, Ga

Though no one wants to be in the situation of needing an attorney, things happen. When ‘things’ happen, don’t hesitate to call Phillips and Sellers Attorneys At Law. We have over 22 years of experience with Family Law, Divorce, and your Criminal Defense needs.

Contact us today to schedule your free consultation.

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1.  How Old Do I Have to Be to File an Adoption?:  If you are unmarried and living in the State of Georgia, you must be at least 25-years-old to file an adoption.  In addition to being at least 25-years-old, you must also be at least ten (10) years older than the child being adopted.  So, if you are 25-years-old and want to adopt a child who is 16, Georgia law would not allow the adoption because the age difference is only 9 years.  The 10-year difference in ages rarely comes into play unless an older sibling is attempting to adopt a younger sibling.

2.  What Are the Residency Requirements For Filing an Adoption?:  You must be a citizen and resident of the State of Georgia for at least six months immediately preceding the filing of the adoption petition.

3.  How Can I Terminate the Other Parent’s Rights when adopting?:  The termination of a parent’s rights can be uncontested or contested.  A parent can voluntarily sign a termination of rights and the appropriate waivers.  If the termination is not revoked within ten (10) days of signing it, the parent’s rights are permanently terminated.  If the parent involved does not want to sign the termination of a right, his or her rights can be forcibly terminated if the parent has had no meaningful contact with the child for a period of twelve (12) months.  Meaningful contact is generally defined as no visitation with the child in question AND no payment of child support for a period of twelve (12) months.

4. How Long Do I Have to Be Married For a Step-Parent Adoption?:  Georgia has no requirement with regard to length of marriage in a step-parent adoption.  This is a big difference from the State of Alabama.  In Alabama, the adopting step-parent must have lived with the minor child for twelve (12) months prior to the filing of the adoption.  Georgia has no such requirement.

5.  Can I Terminate My Parental Rights or Someone Else’s Parental Rights Without an Adoption?:  In short, no.  A parent cannot avoid paying child support by simply terminating his or her parental rights.  Likewise, if you are tired of dealing with an ex who isn’t paying support regularly or visiting regularly, you cannot simply terminate their rights without having someone to take on those obligations.  Obviously, various social services organizations can terminate a parent’s rights without conducting an adoption.  Thousands of children in foster care are placed thereafter a parent’s rights are terminated.  But, between private litigants, the only way to terminate an individual’s rights is by filing an adoption and meeting the criteria set forth in Question 3 above.

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Experienced Family Lawyers in Columbus, Georgia

The Phillips and Sellers Attorneys At Law have over 22 years of experience in helping clients. Experience matters in hiring a family lawyer for several reasons. Divorces can be tiresome and each case is extremely unique. An experienced lawyer has seen hundreds of cases and knows the ins and outs of the law. Phillips and Sellers Attorneys have practiced for 22 years, seeing numerous amounts of unique cases. These attorneys know how to read people and can get the outcome that you desire.

Attorneys Know When Mediation is More Efficient

Though a cheaper lawyer may be more appealing at first. The time they will spend looking up the rules of the law, trying to find a game plan for your case, and court costs could be easily avoided. An experienced lawyer will know when mediation is more beneficial for your case. Experienced family lawyers have been in the business for years, seeing hundreds of unique cases. While the cheap, inexpensive lawyer may be disputing in the courtroom for hours or even days on end. An experienced family lawyer will know when mediation will benefit your case more. 

Family Lawyer in Columbus, GA

Though this may not be in the rule books of the law. Reputation matters. Experienced lawyers who have practiced family law for years on end will have gained a reputation for their practices. While an inexperienced lawyer will have little to no reputation around the area. If you hire Phillips and Sellers Attorneys At Law for your family law needs, everyone in the courtroom will know that we are on a pursuit. With over 22 years of experience, we are recognized in the Columbus, GA area as successful lawyers, and we will get the job done for YOU.

Hire an Experienced Family Lawyer Columbus, Georgia

No one ever wants to be in the position to hire a family lawyer. However, life happens and when life happens you want to have an experienced lawyer on your side of the dispute. When you find yourself looking for a family lawyer, the number one thing you should look for is experience. Though it may be tempting to hire a lawyer that offers the cheapest rate for their services, your long-term family and financial situation will NOT thank you later. Phillips and Sellers Attorneys At Law have been in the family law business for over 22 years. We have hundreds of family cases under our belts. We pride ourselves on knowing the law, using mediation when effective, and having the best reputation around. Next time you are looking for a family lawyer, consider us.

Contact Phillips and Sellers Attorneys At Law today! 

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Below our divorce experts will walk through a few key points of the Georgia divorce laws and process.

How Do I File for a Georgia Divorce? – Lawyer Advice

Filing for a divorce in Georgia can seem scary, but we are here to walk you through the divorce process. First, you will want to write a complaint, or petition, that describes your current living circumstances, the arrangements you’ve made for your children, the state of your shared assets and debts, and the specific issues that led you to file for a divorce. Details about child support and alimony do not need to be included in the initial complaint. Gathering paperwork, tax returns, and any other documents relating to financial responsibilities will be useful to share with your lawyer as well. 

After writing out your complaint, hiring yourself a board-certified Georgia divorce lawyer like Phillips and Sellers should be next on your list of to-dos. Our lawyers see the trouble areas that you might not recognize at first and can push your divorce proceedings along more efficiently. Relieving the stress off your shoulders and allowing you to focus on your family at this difficult period. 

What are the Grounds for Divorce in Georgia?

According to the Code of Georgia Annotated; 19-5-3 and the state of Georgia, there are thirteen different grounds for divorce, separation, and annulment. 

• impotence
• adultery
• conviction/imprisonment of over 2 years for an offense involving moral turpitude
• alcoholism and/or drug addiction
• confinement for incurable insanity
• separation caused by mental illness
• willful desertion
• cruel and inhuman treatment which endangers the life of the spouse
• habitual drunkenness
• consent to marriage was obtained by fraud, duress, or force
• spouse lacked the mental capacity to consent
• the wife was pregnant by another at the time of marriage unknown to the husband
• incest

If proven, any of these grounds can result in the complete dissolution of marriage and divorce. 

What if I Don’t Know Where My Spouse is Living, is Divorce an Option?

You may have separated with your spouse before filing for divorce and we understand. If your spouse has relocated, and you can’t find him or her, then an uncontested divorce is not a possibility. An uncontested divorce assumes that the other party can be located and is willing to sign settlement documents. You will need to file a contested divorce and serve your spouse by the publication of a legal notice. Divorces by publication can only accomplish a few limited goals, so you should make all possible efforts to locate your spouse before the filing of a divorce. 

Our law team at Phillips and Sellers in Columbus, Georgia has over 23 years of experience with numerous complicated divorce cases. Our legal office is also certified in Alabama and can represent you and your family during an Alabama divorce.

For a free quote for your divorce, please contact our office.

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Here is a breakdown of what you need to know about no-fault divorce. 

Your First Steps in No-Fault Divorce 

Even a no-fault divorce case may require both parties to experience significant changes and shifts in all aspects of life. Whether it’s simply marital status or more complicated matters like parental duties, emotional hardships, legal factors, and financial responsibilities. 

• No-Fault, Not Uncontested Divorce – A no-fault divorce cannot be contested by your spouse. Both parties amicably agree to the divorce and agree to separation terms. In an uncontested divorce, one party does not respond to the filing of the divorce.
• One of 13 Grounds of Divorce – In the state of Georgia, a no-fault divorce is one of thirteen grounds of divorce but the only one that does not require the person filing to prove wrongdoing. Georgia, like other states, has a period of separation that must be upheld before the divorce can be finalized. Phillips and Sellers Attorneys at Law are licensed in both Georgia and Alabama, making us convenient for the Chattahoochee Valley and surrounding areas.
• Contact a Family Law Attorney – A family law attorney can help see past the emotions and answer the tough questions. Lawyers can see the trouble areas and help push the case along, divorce cases can take anywhere from a month up to several years. Knowing your trusted attorney is working through the paperwork and guiding you through the divorce process can eliminate extra pressure and stress in your life.

Family Law Attorneys in Columbus, Georgia

If you find yourself seeking divorce counsel, look no further. Phillips and Sellers Attorneys at Law have been practicing in Columbus, Georgia for over two decades and call the valley home. We are here to guide you through this difficult time in your life with professionalism and compassion. 

Contact our midtown Columbus office today to schedule your consultation.

The post What is a No-Fault Divorce?  appeared first on Phillips and Sellers Attorneys At Law.

To help ease the stress during this exhausting time here are five questions you should ask your divorce attorney.

Question 1: How much experience do you have as a divorce attorney?

When you decide to hire a divorce attorney it is not something you want to “go with the flow” on. It is important to ask your lawyer’s experience. Make sure you know how long your lawyer has been practicing, where they’ve practiced law, and whether they specialize in divorce cases or not. And if they’re experienced within your state and county.

In regards to the experience of your attorney, it is also important to ask questions such as their success rate and the caseload they are dealing with at that time. You don’t want an attorney who is going to be too overwhelmed to give complete attention to your case.

Question 2: What do you consider a good “settlement”?

More often times than not, a divorce case will settle. With this being said you need to be assured you are getting a fair settlement. To do this it’s important to find out if your attorney has had collaborative training, mediation training, and how often your divorce attorney settles in a case.

Question 3: How will assets be split?

Each state has a different way to decide how assets between husband and wife will be split. In order to be informed of how the financials will be handled in the court of law you should ask your attorney what the state’s property laws are. These laws will help decide which person gets what in the process of a divorce.

Question 4: How often will we communicate and how should I properly communicate with my spouse?

It’s important to ask your attorney how often he or she plans to communicate with you. This will give you intel on whether or not your attorney is a solid communicator, which is very important in your case. Therefore, when discussing communication with your attorney, it’s important to lay grounds on when and how you will be doing this communication.

It’s also important to learn how to talk to your spouse in a way that won’t negatively affect your case. (That is, unless you’re advised not to speak.) You should ask your attorney the proper way to communicate with your spouse and make sure to abide by what your lawyer tells you.

Question 5: How much does this cost?

Though the main focus of your court case is to have a divorce, money is always an important subject. Ask your attorney how much their services will cost and ask for an estimate on how expensive your divorce proceeding might be. Your attorney should always be able to give you a detailed estimate for your case!

Divorces aren’t easy, this is why Phillips and Sellers are here to help your legal process along smoothly. If you’re looking for a divorce attorney in Phenix City, AL or Columbus, GA we’ve got your back.

Contact us today!

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Here are the major consequences you need to know when driving impaired.

Georgia Driving Impaired Consequences & Laws – Drunk Driving in Georgia

In the state of Georgia, the consequences vary depending on many factors like the following:

• the age of the person or persons involved
• how many offenses have been made
• whether the individual was driving aggressively or reckless
• if there was an open container inside the vehicle

If an individual has only committed one offense of driving impaired they can still face extreme charges and consequences such as possible jail time for up to one year. The license will be suspended and the individual has to pay a $210 reinstatement fee to obtain a new license after the period of suspension is complete. Other consequences faced can include up to 40 hours of community service and fines up to $1000. The outcomes faced after an individual drives impaired only increase in severity as the actions recur.

Alabama Driving Impaired Deaths 5th Highest – Drunk Driving in Alabama

Our law firm serves the Chattahoochee Valley including both cities in Georgia and Alabama, Columbus and Phenix City. While laws vary slightly from state to state, the consequences are severe and not to be taken lightly. In 2017, Alabama held fifth place in the nation for the highest accounts of deaths due to driving impaired. With today’s various rideshare apps, like Uber and Lyft, the ability to get to another location or back home has never been easier. The apps are free and often way cheaper than taxi fares of the past. Remember a ride home is always cheaper than a DUI ticket.

Phillips & Sellers Attorneys at Law in Columbus GA

If you find yourself arrested or accused of driving impaired, please seek the guidance and professional knowledge of Phillips & Sellers, P.C Attorneys at Law. Located in the heart of Midtown Columbus, Georgia and with over 22 years of experience.

Contact us to learn more and let us guide you through your legal matters.

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