There are several opportunities for parents of minor children to have conflict during litigation to determine child custody and child support. The actual physical exchange of the child from one parent to the other is no different. Whether in the form of a temporary visitation order or a final decree, at some point the court will lay out the rules in which parties are to exchange the child or children for the purpose of visitation.
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The above-mentioned are just a few of the factors that the court will consider when determining whether it is in the child’s best interest to move out of state. The intent of the law is for the child to have a meaningful relationship with both parents. It is often the case that a parent moving out of state does not prevent the parental bond from continuing to grow, especially if both parents are cooperative.
A recent article by Ann Buscho Ph.D. with Psychology Today took an in depth look at the best way to approach telling children that their parents are getting a separation or a divorce. While acknowledging that this conversation is difficult and can be painful, it is important that children hear this information from their parents first and not from another source.
Everyone has seen the commercials from personal injuries attorneys promising monetary compensation for damages. However, the state of Georgia has different categories of damages that injured parties are able to recover. In Georgia, an injured party can pursue a civil lawsuit against another individual, business or entity for compensatory damages (which are more narrowly categorized as special and general damages) and punitive damages.
Hence, compensatory damages are not considered as income for taxation purposes. This includes expenses such medical bills, lost wages, damage to a vehicle or other personal property and pain and suffering. There is generally a significant loss associated with an injury case. Compensatory awards are meant to make the injured plaintiff whole again.
Often times soft tissue injuries are not visible with the naked eye. It is easy to detect a bruise, burn or scarring. However, internal damage may require further analysis in order to prove in court. Therefore, in addition to collecting photographs of the accident scene, damage to vehicles involved, witness statements and photos of injuries, it is imperative that your medical examinations are carefully reviewed for evidence of injuries directly related to the accident.
Also known as (UM) and (UIM) coverage, uninsured motorist and underinsured motorist coverage may cover expenses such as vehicle damage, medical treatment for you and your passengers, lost wages and funeral expenses. In the event a driver is struck by an uninsured motorist their policy would kick in to cover the above-mentioned expenses up to the policy amount. Underinsured motorist coverage is different in that it would kick in after the at fault party’s insurance policy is exhausted.
All of us have glanced into the window of a car passing by only to observe the driver holding a phone in one hand while attempting to drive their vehicle. This is one form of multi-tasking that the law specifically prohibits. O.C.G.A §40-6-241 makes it illegal to hold a cell phone or other wireless telecommunications device while operating a motor vehicle.
Most premises liability cases come in the form of “trip and fall” or “slip and fall” cases. In order to be successful in a premises liability case the plaintiff must plead and prove that (1) the defendant had actual or constructive knowledge of the hazard; and (2) the plaintiff, despite exercising ordinary care for his or her own personal safety lacked knowledge of the hazard due to the defendant’s actions or to conditions under the defendant’s control.
The case involving an “at fault” party who leaves the scene of an accident is referred to by law enforcement as a hit and run. Under the Georgia code O.C.G.A. §40-6-270 the driver of any vehicle involved in an accident resulting in injury to a person, the death of a person or damage to a vehicle shall immediately stop such vehicle at the scene of the accident