Update Will After Divorce or Other Life Changes

It is important that your Last Will and Testament (“Will”) is updated after any significant life change, such as a change in marital status, birth of a child, and acquisition or disposal of a major asset.  You should not attempt to make changes to your Will without the assistance of an attorney. You want to ensure that any changes made are in compliance with current  law.  By marking your Will and/or scratching through words or clauses, you risk invalidating your will in whole or in part. For more information, see  http://wills-probate.lawyers.com/wills-probate/When-and-Why-You-Should-Update-Your-Will.html.

Post written by: Attorney Tiffany R. Lunn

Phone: 770-492-2974

Published in: on October 26, 2010 at 11:32 am  Comments Off  
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Child Custody Modification and Parent Relocation

Oftentimes, the primary physical custodian of a child may decide to move out-of-state for various reasons and take the minor child/ren with him or her. Such a decision frequently causes great distress for the other parent. A divorce decree routinely has provision where the other parent must be notified a certain number of days prior to any intended move above a specified number of miles.  However, once the required notification has been given that does not prevent the primary physical custodian from moving.

Bodne v. Bodne, 257 Ga. 445, 588 SE2d 728, has been the authority in this area since 2006.  It sets forth that relocation of a primary physical custodian alone cannot constitute a sufficient change in condition to modify custody” The court must consider the best interest of the child and the initial custody award will not always control after any “new and material change in circumstances” that affects the child is considered.  The court will consider the “myriad of factors that have an impact on the child/ren as established by the evidence”. A parent that is seeking to modify custody based on relocation should keep this in mind.

Post written by: Tiffany Lunn Esq

Phone: 770-492-2974

Published in: on October 8, 2010 at 2:27 pm  Comments Off  
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