Georgia Adoption By Lesbian Couple Was Not Given Full Faith And Credit In Alabama

A case involving same-sex adoption in Georgia is denied recognition in Alabama.  The Alabama Supreme Court found the Decree of Adoption void because the parental rights of the biological mother were not termination prior to the adoption.  The Court further found that this was an unfulfilled requirement under Georgia Law and that if the case had been challenged in Georgia, the appellate court in Georgia would have also found the Decree of Adoption void. Therefore, the Court refused to give the judgment

The Alabama Supreme Court is referencing The Official Code of Georgia § 19-8-5 (a) when a child is to be adopted by a third party: “Except as otherwise authorized in this chapter, a child who has any living parent or guardian may be adopted by a third party who is neither the stepparent nor relative of that child, as described in subsection (a) of Code Sections 19-8-6 and 19-8-7, only if each such living parent and each such guardian has voluntarily and in writing surrendered all of his rights to the child to that third person for the purpose of enabling that person to adopt the child”.

The problem some have with the ruling is that it involves a lesbian couple, artificial insemination where one partner gave birth to the children and other adopted.  The biological mother fully consented to the adoptions.  However, the Alabama Court argues the consent is not enough.  It was her parental rights staying intact that is the issue.

The National Center of Lesbian Rights released a statement that “Although the Alabama Supreme Court recognized that full faith and credit prohibits a state from inquiring into the laws applied by a court from another state, it ruled that Alabama did not have to respect the Georgia court’s adoption because the Court believed that Georgia law did not allow same-sex parents to adopt,”

Attorney Tiffany Lunn thinks that what this case showcases more than anything is the changes in family structures that are underway that the law in many states have not taken into account.  New and emerging laws will be making their footprints across the county.  State appellate courts will be busy determining in what direction their state will go.  Stay tune to see what direction, the appellate courts in Georgia take.

Article Discussing Alabama Ruling

Alabama Supreme Court Ruling

Motion To Set Aside Judgment

Once a judgment is reached in a divorce or other domestic matter, litigants find themselves in a huge hole trying to get the judgment set aside (or for the court not to let the Final Order stand).  Having a judgment set aside and/or attacked depends on a number of issues including why the court is being asked to set aside the judgment and the applicable time frame from the judgment being entered to it being attacked.  Depending on the reason for attacking a judgment, such attack may be more time sensitive than for other reasons per the Official Code of Georgia.

If a motion is set aside, the judgment is therefrom inoperative and ineffective. However, a judgment will not be set aside without a sound legal basis.  The Georgia Code is strict on how and why a judgment can be attacked. If you need to attack a judgment you should speak with an experienced attorney about your matter.  Attorney Tiffany Lunn of Lunn Law LLC recently appeared in Fayette County Superior Court to assist in attacking a Motion to Set Aside.  Attorney Tiffany Lunn and Lunn Law LLC have offices in both Jonesboro and Fayetteville, GA and represent clients in Metro-Atlanta regarding divorce, custody and other domestic conflicts.

Fayette County Office Location

Fayetteville Office


Lunn Law LLC and Attorney Tiffany Lunn have opened a satellite office location at 110 Habersham Drive Fayetteville Ga 30214.  Lunn Law LLC’s Fayette County location was opened to better assist those south of the main office in Jonesboro, GA. Lunn Law LLC will still maintain its central pub office in Jonesboro, GA (Clayton County) and Attorney Tiffany Lunn will be serving the Fayetteville,GA location as well.  If you would like to contact Lunn Law LLC, you should call 770-492-2974.

The main website for Lunn Law LLC and Attorney Tiffany Lunn can be found at

Published in: on February 3, 2014 at 2:39 pm  Comments Off on Fayette County Office Location  
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Name Change Via Marriage License: Georgia DMV Says “No” to Same-Sex Couples

Same sex couples are running into problems in states such as Georgia that do not recognize same-sex marriage.  Couples are finding that they can’t even get their name change with their marriage license from another state through Georgia Department of Motor Vehicles. Same-sex advocates are finding this occurring throughout the southern part of the country. Advocates say that the federal government is attempting to makes the transition for same-sex couple smooth but that the state government is not.

Name changes can take place through the court system but will cost hundreds of dollars to finalize.  Many same-sex couples refuse to pay this amount for something that hetrosexual couples get for free. Advocates are attempting to get states that don’t recognize same-sex marriage to make what they consider a small step in the right direction without same-sex marriage being legal in the state. Advocates of same-sex marriage believe that state agencies have the power to interpret its policies to allow a name change in a state where same-sex marriage is not legal.  

Attorney Tiffany Lunn believes that Georgia should expect increased litigation on the issue in months and years to come. Advocates are determined to obtain certain rights and the courts will likely have to rule one way or the other.  Advocates do not think it’s as clear as same-sex marriage is not legal under Georgia law.  Stay tuned to see how these matters develop. You can read more at:  If you need assistance with Domestic Partnership Agreements or other documents that can assist same-sex couples in Georgia, feel free to contact Attorney Tiffany Lunn for legal assistance.

Published in: on October 20, 2013 at 8:22 pm  Leave a Comment  
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Temporary Protective Orders in Georgia

Attorney Tiffany Lunn represents both alleged victims and alleged victimizers regarding Temporary Protective Orders.  Both parties must be diligent in taking action if abuse is alleged.  All alleged victims are not victims and all alleged victimizers are not falsely accused.  It is important that each takes the appropriate course so that they has the best chance possible in presenting the facts for the judge and the appropriate action can be taken.

When going to court for a Temporary Protection Order to be granted or denied, the parties must know  that other aspects of their lives may be affected by the Protection Order.  Attorney Tiffany Lunn has spoken with those either seeking an order of defending against an order that are not aware of how such an order may affect their lives.  Criminal implications and consequences can also affect and be affected by a Temporary Protection Order Hearing. Therefore, Attorney Tiffany Lunn believes preparation for the Temporary Protection Hearing can not be overlooked.

Attorney Tiffany Lunn advises that parties seek legal counsel early whether via private counsel or through an organization such as Legal Aid. Give your attorney enough time to prepare your case efficiently. Do not wait to the last minute for something so important.  There are various organization to assist, if money is a factor in any procrastination.  Stalking, violence and threats of violence (and allegations pertaining to them) are extremely serious.  Seek assistance.

Published in: on August 18, 2013 at 12:34 pm  Comments Off on Temporary Protective Orders in Georgia  
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Georgia ranks 10th in Domestic Violence Homicides for 2012

Domestic Violence is sometimes linked to family law cases including but not exclusive to divorce, legitimation, and child custody. The Georgia Commission of Family Violence and the Coalition Against Domestic Violence released its 2012 domestic violence homicide report.  Attorney Tiffany Lunn believes the report is an effort to address the problem of domestic violence homicide and to analyze ways to decrease such homicides in the future. The report is a call to action so that the public recognizes the domestic violence is a huge issue in Georgia and in this country. You can find out more information here and on the Fatality Review website.

Published in: on April 13, 2013 at 6:53 pm  Leave a Comment  
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Do I Need A Lawyer To Get A Divorce In Georgia

Lunn Law LLC and Attorney Tiffany Lunn frequently gets this question: Do I need a lawyer to get a divorce?  The audio listed below from Georgia Legal Aid best answers that question.


Published in: on February 9, 2013 at 12:52 pm  Comments Off on Do I Need A Lawyer To Get A Divorce In Georgia  
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Georgia Child Custody and Habeas Corpus

Habeas Corpus, as it relates to child custody, is when one person (usually a parent) claims custody rights of a child and is seeking to claim physical custody of such child that is being allegedly detained illegally by another person (usually the other parent or a person desiring a change of custody rights).

In Georgia, the person bringing a habeas corpus action before the Court must have had their custody rights violated, but such an action is not exclusive to a parent of the child. If detention of the child is not in violation of the person’s rights bringing such an action, then habeas corpus in not the appropriate remedy.

There is usually more than one option available to a person considering a writ of habeas corpus.  Speaking with a Georgia attorney that handles child custody matters about the specific facts would greatly assist in determining the best course of action.

Post written by: Attorney Tiffany Lunn

Phone: 770-492-2974

Published in: on July 30, 2011 at 1:35 pm  Comments Off on Georgia Child Custody and Habeas Corpus  
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Child Abuse and Neglect in Georgia

Child abuse and neglect can lead to the termination of parental rights, change of custody and/or criminal charges.  If you have knowledge of the abuse or neglect of a minor child, you should report this behavior immediately.

You can contact DFCS directly at:

Child Protective Services
404-651-9361 (phone)
404-657-4483 (fax)
General information: 404-657-3400

Post written by: Attorney Tiffany Lunn

Published in: on January 31, 2011 at 1:43 pm  Comments Off on Child Abuse and Neglect in Georgia  
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Post-Judgment Relief From Unfavorable Ruling

When a default judgment has been obtained or there has been a court ruling that has been unfavorable to a litigant, time is of the essence.  A litigant should begin right away to seek to attack the judgment or appeal to a higher court.  These actions should not be contemplated for months, because at that point a litigant’s options are likely to be narrowed or more limited.

Many times a litigant can attempt to challenge a previous ruling upon good grounds, but has allowed significant time to pass before taking any action.  When this is the case,  the litigant may have to live with the current ruling or file a new case, when applicable.  Attacking a ruling can be complicated and require a good grasp on the law and also post-judgment procedures.  Litigants should attempt to seek legal assistance right away to increase the likelihood that any attack or appeal will be successful.

Post written by: Attorney Tiffany Lunn

Phone: 770-492-2974

Published in: on January 7, 2011 at 11:30 am  Comments Off on Post-Judgment Relief From Unfavorable Ruling  
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