Under GA law, children born to unmarried parents are considered illegitimate.  OCGA 19-7-25 provides that only the mother is entitled to custody of an illegitimate child.  Fathers of illegitimate children have no rights until the child is legitimated.

Generally, the best way to handle such a situation is for the father to file an action to legitimate the child and establish custodial rights by court order.  This case must be filed in the mother’s county of residence.  The father must show that he has not abandoned his opportunity interest to develop a relationship with the minor child and then that he is either fit parent or that legitimation is in the best interest of the child.  Only after legitimating the child is the court then permitted to consider the parents’ respective custodial rights.

You should always seek the advice and counsel of an experienced family law attorney if you are involved in a legitimation/custody case.  An experienced attorney can assist you in examining your legal options and evaluating your case.  Our firm has experienced family law attorneys who can help you with your case.  Don’t make the mistake of proceeding without an attorney.  Your future relationship with your child could be at stake.

It is not unusual in some personal injury cases for an insurance company to offer to pay the entire limit of its policy to an injured party.  This generally occurs when the amount of damages are likely to exceed the policy limits.  In Georgia, many drivers have minimum insurance coverage, generally $25,000.  If medical expenses end up being several thousand dollars, then the insurer might offer to pay the policy limits in exchange for a full release for its insured.  In that case, however, it will be important to preserve the injured party’s rights to proceed against any other available insurance.  An unrepresented party is unlikely to know that other insurance could be available and that giving a full release in exchange for payment of the policy limits will likely deprive them of the chance to recover additional compensation from other insurance policies, especially uninsured motorist coverage that the injured party may have on their automobile insurance.

Always consult with an experienced personal injury attorney before accepting any settlement from an insurance company.  Our firm’s attorneys can assist with your personal injury case and help preserve your rights to obtain the compensation to which you are legally entitled.

Our firm recently collected the policy limits on a case for a client who had been involved in a collision with a hit-and-run driver.  The fleeing driver, who had a history of prior DUI convictions, struck our client’s vehicle and then fled the scene.  Fortunately, a witness to the collision followed the fleeing driver and was able to assist law enforcement with finding him.  His insurance company paid the entire amount of the liability policy within just a few days after receiving our firm’s demand.

Don’t hesitate to contact an attorney if you are injured in an automobile collision.  An experienced personal injury attorney can advise you on your rights and can further assist you with pursuing your case against the driver of the other vehicle.  Our firm has substantial experience in representing injured persons.  Please call us for assistance.  We stand ready to help you with your case.

GA divorce law provides that a trier of fact (i.e, the judge or jury) may consider the parties’ conduct during the marriage in deciding whether to award alimony, but evidence of the conduct is not admissible in determing the amount of the alimony awarded.  See O.C.G.A. 19-6-1(c).  Always consult with an attorney if you are considering a divorce.  An experienced attorney can advise you on your rights and whether you can collect alimony or might end up paying it.

The GA Supreme Court, in the recent case of Gonzales v. Gonzales, followed longstanding GA law and affirmed a lower court contempt judgment finding that property excluded from a divorce judgment remained jointly titled in the former spouses’ names.  “The rule of law … is clear [that] … a divorce decree must specifically describe and dispose of property in which both parties have an interest or the decree will not divest either party of their interest in the property.”

The moral of this story is–always make sure that you fully disclose ALL property interests to your attorney, so that he can make sure that the property is covered by the divorce decree.

In the recent case of Herrin v. Herrin, the GA Supreme Court reversed a trial court’s decision to increase a child support award and award attorney’s fees.  The trial court had found that the mother was “underemployed” and capable of earning more income.  The Supreme Court, however, held that the record was devoid of any evidence that the mother had the ability to earn more income or that she was underemployed.  The Supreme Court also held that there was no evidence that the mother had the ability to pay the attorney’s fee award.

Child support modifications are increasingly common today, due largely to the poor national economy.  Courts are very aware that many non-custodial parents are having difficulty keeping their child support obligations current.  You should always consult with an experienced family law attorney if you are unable to pay your child support.  Don’t wait until you are behind on your payments.  An experienced lawyer can evaluate your case and give you advice on how to proceed.

Georgia law does not recognize common law marriages contracted in Georgia after January 1, 1997.  However, a recent GA Supreme Court case shows that the issue can still arise in courts of this state.  In Norman v. Ault, the GA Supreme Court held that a common law marriage could be recognized in a GA trial court if the marriage was contracted in a state that recognized such a marriage and if the party relying on the existence of that marriage gave notice in writing that he intended to rely upon the law of another state in proving the validity of the marriage.  The wife in that case had done both.

If the existence of a common law marriage is an issue in your case, you should speak to an experienced divorce/family law attorney.  Do not assume that because GA law prohibits common law marriage that your marriage might not be considered valid in a GA court.

Our firm recently represented the administrator of an estate in an action against a Georgia health care provider for damages resulting from the death of an elderly patient who developed a severe (Stage Four or higher) decubitus ulcer.  An expert witness retained by the plaintiff believed that the ulcer was clearly preventable and contributed to the patient’s death.  The parties reached a confidential settlement at mediation.

Our firm has experienced attorneys who can assist you in evaluating your medical malpractice case.  Always consult with an experienced personal injury attorney before deciding how to proceed on your case.  Decubitus ulcer cases are best handled by an attorney experienced in that kind of case.  Our attorney’s will be happy to consult with you.

The failure to file an answer in a divorce case can deprive a litigant of the right to notice of a final hearing.  In the case of Ellis v. Ellis, the GA Supreme Court affirmed a trial court’s denial of a motion for new trial where the wife’s attorney failed to file an answer.  The parties’ attorneys had agreed that wife would not need to file an aswer to the complaint for divorce.  The husband later hired new counsel, who moved the court to grant a judgment of divorce without notice to the wife or her attorney.  After the trial granted the motion, the wife’s attorney moved for a new trial, which motion was denied.  That denial was upheld on appeal, due to the wife’s attorney’s failure to file a responsive pleading (i.e., an answer) in the case.  Therefore, a defendant in a divorce should carefully consider the consequences of not filing an answer in a divorce case.

Always know your options, and consult with a knowledgeable attorney about your case.  Our firm has experienced attorney’s ready to assist you in your family law case.

In an unanimous opinion published on March 22, 2010, the GA Supreme Court declared unconstitutional the medical malpractice caps enacted in 2005 as part of the GA Tort Reform Act.  Those caps had previously limited non-economic damages (pain, suffering, etc.) generally to $350,000.00 per defendant.  The Court held that the dollar limitation unconstitutionally infringed upon the right to jury trial, because it nullified the jury’s basic role as a factfinder.  The GA legislature had enacted the caps in the hopes that doing so would lower malpractice insurance premiums paid by physicians in the state.  However, many felt that the statute arbitrarily limited the amount that plaintiffs could collect in such cases.  The case was Atlanta Oculoplastic Surgery, PC v. Nestlehutt, SO9A1432.

Unless and until the legislature passes new legislation, plaintiffs will be fully compensated for all of their injuries based upon the jury’s opinion of their damages.  Our firm handles medical malpractice litigation and will be happy to consult with you on your case.  One should always speak to an attorney before considering legal action for a medical malpractice claim.