Georgia Legal News
New Georgia Parenting Law Goes Into Effect January 1, 2008
Beginning January 1, 2008, under the new GA Parenting Plan Law, parents are required to file a parenting plan in cases that involve child custody in a Georgia Divorce. The comprehensive parenting plan should consider important aspects such as the relationship of the child with both parents, the legal custody of the child, a plan for the child's physical care, including holidays and school vacations, and transportation. Another important issue that the plan should incorporate is the responsibilities of the child’s healthcare, school, etc. records and the major decisions regarding such. Under the new Georgia Divorce Law, parents may file the plans jointly or separately to the court. However, any parenting plan is subject to acceptance or rejection by the court based on the court's finding of the child's best interest, health and welfare. The new Georgia Divorce law provides a list of factors a judge must consider in the approval or denial of a parenting plan. Among several changes, one new provision of the new Georgia Divorce Law allows parents to resolve issues related to child custody through binding arbitration. Another significant change concerns children 14 years or older. Under the new law, a child shall have the right to select the parent with whom he or she desires to live, and this selection is presumptive unless the parent is determined not to be in the best interest of the child.
These are just several of the new changes that have been established under the Parenting Plan Law. Creating a parenting plan is extremely complicated and at times, difficult process and the help of a Georgia attorney is highly recommended. If you have any additional questions or are seeking legal advice, please contact one of our skilled attorneys at Persily and Associates.
On July 1, 2007, New Advance Directive For Health Care Act Takes Effect
On July 1, 2007 the Georgia Advance Directive for Health Care Act went into effect. The new Georgia Law intends to combine provisions of a GA living will and a GA durable power of attorney for healthcare. One of the main results of the Act was the adoption of a new unified and statewide statutory Advance Directive for Health Care form. Previous forms were deemed confusing and inconsistent by the Georgia General Assembly, and the overall goal was to create a unified form that used understandable everyday vernacular. This would not only make things simpler, but would also encourage more Georgia citizens to execute Advance Directives for Health Care. The new Act does not invalidate any living wills or health care power of attorney executed prior to July 1, 2007. The Act also still allows other forms outside the statutory Advance Directive for Health Care to be used.
This is just a brief summary of the Georgia Advance Directive for Health Care Act. If you have any further questions about these recent changes, please contact an Atlanta Lawyer.