Family Law

A Family Law Practice in Blairsville

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 David E Barrett Attorney at Law provides comprehensive family law services to those living in the Blairsville area. These types of cases can be complicated and result in litigation. It takes someone that is both experienced and considerate to provide the representation you need in order to protect your rights and that of your children.

There are several areas of family law and as a law firm in Georgia, we work with clients before, during, and after marriage to ensure that they have the legal support and guidance they need to go through all stages of life. This involves careful planning, negotiations, and litigation when necessary. Our clients are primarily located in and around the Blairsville area, but we do take cases in other areas of the state when necessary. Below you will find more information about our family law practice. If you have further questions call our office.
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Family law services

Prenuptial Agreements

Prior to getting married, we recommend entering into a prenuptial agreement. We work with couples in Blairsville, GA to help them reach an understanding about what each person has going into the marriage and what they would retain if the marriage were to dissolve. A prenuptial agreement can also include provisions for how joint assets would be divided, alimony, etc. in the event of a divorce. It may seem unromantic, but divorce is incredibly common, and our job as a family attorney is to protect our clients. A prenuptial agreement is the best way to protect the assets you own now and your ownership interest in what will be acquired in the future. At David E Barrett Attorney at Law we advise our clients to plan ahead, and if the agreement is never needed, that’s excellent news. If, however, our clients get divorced this will make the process go smoothly and prevent what can turn into a vicious court battle.

Mediation and Negotiations

Many issues can be resolved outside of court by simply negotiating settlement terms. If you have a conflict with your spouse, ex-spouse, or another family member we can represent you and attempt to settle through mediation. This is a non-binding form of negotiation in Georgia that typically involves two lawyers. By approaching the negotiations from a legal point of view, we can work towards resolving the issue faster than if you attempted to do so on your own. If an agreement is reached, we can draft the paperwork necessary for it to become binding.

Custody Cases

Divorced couples throughout Blairsville, GA deal with custody issues on a regular basis. When getting a divorce, the judge will determine who gets primary custody of the children or if you will have joint custody of them. Based on this determination and how much each parent earns, a child support schedule will be created. This works in theory except that life circumstances can change. How much a child stays with each parent can change based on need, as can the income level of each parent, and what the child’s needs are, overall. We represent people that want to go back to court and have their custody situation or child support altered. It is important to provide the evidence necessary for proving why your proposal is sound and how it will benefit your children. This is difficult to do on your own. Georgia has child support guidelines which require the parents to complete worksheets prior to trial. To learn more about this process call us for a consultation.

Litigation

In Georgia, there are some family law firms that only work with people outside of the courtroom. They will draft agreements and negotiate between parties but will not litigate. We understand that there is no way to predict if a situation will escalate and if going to court will be necessary. As such, David E Barrett Attorney at Law has the skills necessary to fight both in and out of the courtroom. If your divorce is complicated or you are attempting to relocate your children outside of the Blairsville, GA area, you need a family lawyer that is also a skillful litigator.

Additional Areas of Practice

Family law encompasses far more than marriage and divorce. We are also able to help protect your family and keep your legacy safe. At our office we work with clients throughout the Blairsville area by helping them to prepare for their present and their future using documents such as wills. We can also discuss matters pertaining to the children, your assets, and overall plans and goals.

Child custody

At David E Barrett Attorney at Law we work with clients that are disputing their current child custody arrangement or trying to establish it for the first time. These cases can be both complicated and difficult but we are experienced and will fight to get you the best possible outcome. If you live in Georgia, don’t try to resolve your custody situation without the help of a skilled attorney because the judge’s determination can impact the future of both you and your children for years to come.

When getting a divorce you can either try to mediate and negotiate the terms of your divorce or you can go to trial. If you mediate, you should still have an attorney assist you to make sure that your rights are protected and that you don’t agree to something that could hurt you or the kids later on. We can negotiate on your behalf and review the terms of all agreements so that caveats are built in to protect your interests.

If you and your ex cannot agree on a custody arrangement, you will have to go to trial. David E Barrett Attorney at Law is an experienced litigator that can prepare for trial, present a strong case, and advocate for why your proposal is in the best interests of the children. In Georgia, the judge is tasked with determining what is best for your children, not what is best for each of you. It is difficult, and at times impossible, for the judge to know the answer to this. As a child custody attorney, our job is to present the case in such a way that the judge is exposed to witnesses and evidence that proves why your request is best for the children.

The judge will likely review several factors when making a custody determination including their relationship with each parent and bonds with sibling and close family members. As a child custody attorney in Blairsville, GA we recommend preparing to address each one of these issues before you file for divorce or a change in custody. For example, the bond the children have with each parent is typically proven by looking at the amount of time that they spend together and what types of activities they engage in. If you take them to baseball practice two days a week and games on the weekend, this is an example of how you spend time together and have a strong bond. When evaluating relationship with siblings and family members, the same thing applies. You need to demonstrate that a relationship exists by showing how much time they spend interacting. Whenever possible, identify a witness that can testify to the extent of the relationship.

Before making a custody determination, the judge will also look at their school situation and existing routine. When meeting with clients that are about to separate, we typically recommend setting a routine at the beginning that they are comfortable living with later on. A lot of judges in Blairsville want to keep the status quo because it is potentially easier on the children and the parents. If you set a routine, thinking that it is temporary, it may be what you end up living with it for years into the future. You can always call us to discuss your ideas prior to approaching your spouse. Simultaneously, if you plan on moving you may want to explore options for doing so first, even if it is only outside of the school district.
Relocation

As a child custody attorney, the most difficult cases we see involve interstate custody issues. When one parent wants to move a child outside of the area, and the other wants to stay, it creates an immediate conflict and need for litigation. These cases require a lot of preparation and savvy. At the David E Barrett Attorney at Law, we understand the complexities of relocation cases and will work to present a strong case for why the children should or should not be able to move based on what our clients’ wishes are.

When making a determination of whether or not the children should be allowed to relocate outside of Georgia the judge will need to determine if it is in the best interest of the children and whether or not the other parent would be able to maintain their relationship and bond. This is subjective at best, so we use evidence and witness testimony as much as possible in order to present the case logically instead of emotionally.

Keep in mind that any time a child is moved outside of their school district it is a relocation case. If the judge decides that the children are not allowed to move, the parent may still do so since adults are free to live where they please. If the relocation request is denied and the parent moves anyway, the other parent will assume majority custody and a visitation agreement will need to be established. If you are considering relocation, call and speak with an attorney before you do anything else.

Witnesses

In a custody case it is important to have witnesses that can confirm your version of the story. These can be character witnesses, teachers, coaches, etc. They should testify to the strength of the relationship you have with the children and the activities that you do together. In addition to character witnesses, we will often recommend that you obtain expert witnesses. These are people that are recognized by the court for being experts in their field, and their testimony is assigned a higher value. For example, a counselor could provide expert testimony. A guardian ad litem can also provide testimony. They can be extremely helpful in a custody case because their job is to observe each parent with the children and provide a report on what they saw. In cases where abuse or neglect is suspected, they can provide an inside glimpse into what really happens, something the judge would never see in court. To learn more about how to identify and work with witnesses call our office.
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Child support

As a child support attorney in Blairsville, we work with parents that need to establish child support payments, get them reduced, or need help collecting them. This can be challenging and working with a lawyer can help you to establish a child custody situation that is fair and equitable.

Establishing Child Support During Your Divorce

When getting a divorce, your child custody arrangement and child support agreement will be established. The judge will typically make a determination of who gets custody or how custody will be shared based on what they believe is in the best interest of the children. In Georgia, this is typically done after listening to witness testimony and reviewing the evidence.

Once the court has determined how much time the children will spend with each parent, they will determine who has to pay child support and in what amount. This is done after reviewing the income of each parent. If you dispute how much your ex says that they make, you should provide evidence during your divorce trial for why they actually earn more money. This must be done before the judge makes a ruling. Otherwise, the judge will use the amount of income that they have provided. Finding the right evidence can be difficult, and we can provide guidance for how to do so.

If you live in the Blairsville area, are going through a divorce, and have children, call David E Barrett Attorney at Law to make sure that your rights are protected from the very beginning. It is far easier to have a positive outcome when you are represented by someone that is experienced in family law. If you try to represent yourself, there is a high likelihood of you being taken advantage of.

Adjusting Child Support

If your life circumstances have changed, you need a child support attorney that can help to get an adjustment to your child support obligation. In Blairsville GA when two people divorce, a judge tries to set a custody and support arrangement that they feel will last for years. This is excellent in theory, but not practical. Life can go in an unplanned direction, and when it does, people have to adjust, including custody and child support agreements. This can happen if one parent loses their job, goes back to school, has additional children and more. When life changes, you can request that your support agreement change as well.

In Georgia, if you want to make a change to how much money you pay every month, or if you want to request more child support, you need to schedule a hearing and go before a judge. We can do this for you by going to court and making a case for your request. You will need to work with your child support lawyer to gather the evidence necessary for proving why your situation has changed. This could be proof of your unemployment and the amount of your unemployment checks, proof that another child was born via a birth certificate, proof that your ex got a new and better paying job, etc.

We also help people living to adjust their child support arrangement if the children have increased needs. This is common when a child develops a medical condition and requires additional support via schooling, tutors, rehabilitation, etc. If one parent doesn’t want to pay for the new expenses, going to court is typically the only way to resolve it. In these cases, an attorney needs to prove that the child does indeed need these support services and how it will benefit them. Doctors’ notes and expert testimony may be necessary to confirm these claims.

Threats

If your ex is threatening you by saying if you attempt to change your child support they will take away the kids – don’t fall for it. This is a common scare tactic that people use to try and gain or keep control of the situation. At David E Barrett Attorney at Law we have worked with many clients that say they are concerned about what will happen based on threats that have been made by their ex. In Blairsville, GA, we have a court system for a reason. Neither parent is allowed to prevent the other from seeing the children on the court appointed schedule. It doesn’t matter how mad one parent gets at the other. Once the court has established a custody and visitation schedule, the other parent is not allowed to change it without permission of the court. They would need to schedule a court date and prove to the court why you are unfit to see the children. Typically the court will not take their word for it but require evidence and as a child support attorney, we can prove that the accusations are unfounded.

Don’t allow the threats of your ex to influence what you do. Instead, work with an experienced custody lawyer that can help to protect your rights and that of your children. If you are currently being threatened, call 706-619-2218 and schedule a consultation.

Failure to Pay

If you or your ex has failed to pay child support there can be legal consequences. As a child support attorney, we work with clients that are in trouble for failing to pay support and with those that are trying to collect it. Regardless of which side you are on, we can help.

In situations where someone has failed to pay their support obligation, the court has the authority to garnish their wages. In order to do so, a hearing must take place, and the other party has the right to defend themselves. A defense can be made by showing that there were financial reasons that the support was not paid as agreed and that those reasons were unavoidable. If you think that you will be unable to pay your support obligations, it is better to go to court first and ask for them to be reduced before getting behind. In the worst case scenario, people in GA are required to spend time in jail for failing to pay.

Wrongful death attorney

The David E Barrett Attorney at Law is an experienced probate attorney in Blairsville, GA. If someone you love has passed away, you need to speak with a lawyer that can help you to sort through the estate, review the will, and get the assets distributed. We work with clients throughout Georgia and are experienced at navigating through the court system so that estates can be resolved as quickly as possible.

Many people are unaware that probate is a process most estates have to go through. Even when the will is in place, probate is required so that debtors can make a claim before everything is distributed. Creditors have a set time frame in which to file a claim before they are no longer able to do so. Once that time has passed, assets can safely to given to the heirs. People throughout the area can still benefit from having a will because, without one, the government will decide what happens to your assets. With one, your heirs will still go through probate but your wishes will be followed to a large degree.

Dealing with Debts

We work with clients that are concerned about the debts associated with the estate. In Blairsville, it is important to understand the state laws prior to disbursing any assets. Creditors have the right to make a claim against the estate, and if there are more debts than there are assets, there is a specific order that they need to be paid in. Even if you are making payments in good faith, you could be accidentally breaking the law by paying the wrong ones.

Tax Issues

Depending on the size of the estate, taxes may be owed. The David E Barrett Attorney at Law can give you advice on whether or not taxes are likely to be due. The majority of estates don’t have to pay any federal estate taxes but if it looks like the estate is nearing the threshold, it is important to consult an attorney right away so that you can avoid giving up more for the estate than you have to.

Preventing the Need for Probate

If you create a living trust and transfer assets into it, you can prevent the need for your heirs to go through probate court. We can help with estate planning so that you can create a trust that protects your assets so that when you die, everything is immediately transferred to your heirs according to your wishes. This will also prevent the need to go through probate in multiple states if you own property outside of Georgia. Planning ahead can save your heirs from going through a difficult experience later on.

Additionally, there are other assets that can be transferred outside of probate. This includes a life insurance policy or a retirement account with a named beneficiary. Other assets that are held in joint tenancy or community property can transfer directly. Some banks will also offer accounts that are Payable Upon Death. The ownership of these accounts immediately transfers to your designated heir upon your death. Just make sure that they are aware of the account and have the information necessary to go and collect the funds. You will still be able to use the account like normal and we can provide further advice for how to set this up.

Contested Estates

If no will is in place, the family has to agree either on how to distribute the assets or go to court. Even if a will does exist there are times when heirs fight over how to divide the assets because they don’t agree with the terms of the will. In this situation, a probate attorney is needed to handle the case. David E Barrett Attorney at Law works with clients that are disputing a will and those that want to protect the wishes of the deceased. This is perhaps the most common reason for needing a probate attorney.

Understand that this can be a lengthy and costly process that can drain the estate of its assets, so it is wise to carefully consider whether or not you want to proceed. The Law Office of David E Barrett LLC can meet with you to discuss your options including the potential risks and rewards so that you can make an informed decision on how to proceed. If you live in the area, we can also let you know what to expect from the local court system.

Liability
We recommend hiring a probate attorney to get through the process because if you make any mistakes while distributing the assets you will be personally liable. Even if you fail to disclose something or to send a document like you should, you could get into trouble.

Other Issues

If a person dies and the estate or a large portion of it, is left to a minor child, a legal guardian will need to be appointed for them and the estate until they reach adulthood. One way to address this issue is to create a trust that holds the assets and dictates how the assets are to be spent. This way the assets within the estate don’t need to go through probate and the only issue that needs to be resolved is the legal guardianship of a minor child which is outlined already in the will. In the Blairsville area, the court has to approve your request for who takes care of your child but they typically will go along with your wishes as long as they feel it is in the child’s best interest.

Those concerned with privacy should try to avoid the probate process by creating a trust. We work with a lot of clients that want to keep the details of their assets private. When a family goes to the probate court, the details of the will are made public. We will work to make the process go as smoothly as possible, but preventing public disclosure is difficult in Georgia.
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