Post-Divorce: Four Ways to Work Together for a Peaceful Outcome

Divorce is an emotional and challenging time for a family. In the United States, the divorce rate is estimated to be around 50 percent. Which means that many families are dealing with divorce – with and without children.

Post divorce with children means custody arrangements and child support. The right lawyer can help you determine the best possible situation for your children. But on top of the legal situations, dual parenting comes into play. Below are four pieces of advice to help make the transition as smooth as possible.

  • Agree in advance on how to handle situations such as birthdays, holidays, events and visitation. Determining a structure in advance will allow a more peaceful and secure environment for your children. Knowing the schedule in advance increases stability and allows you to plan everyday occasions and special events.
  • Children will often test the boundaries with parents. Discuss and agree to guidelines to raising your children in advance. It is important to have an agreement and open communication in order to communicate the same messaging and similar values.
  • Continue to share important information about your changing life circumstances with each other when possible, so that the children don’t become the unintended messenger between the parents. Open communication can prevent a higher level of stress for your children, which comes with keeping secrets or sharing bad news.
  • Lastly, make a pact to not discuss each other negatively with the kids and to stop the children from speaking disrespectfully about the other parent as well. Respect towards both parents is important when it comes to parenting.

Working together on the above might be challenging at first, but will set both parents and the kids up for better success. Less stress, less question marks, and more collaboration will help the kids to feel safer and will lead to a more seamless post divorce life.

For help in your divorce or custody hearing, call the family law attorneys at Lynn Law Firm in Lawrenceville, Georgia, for a consultation at 770-212-9090.

The Affect of Drug Allegations on Custody and Visitation

In the past five years, deaths related to heroin overdose in the metro Atlanta area have spiked by 3,844%. According to a recent 11Alive Investigative Report, the heroin epidemic is devastating the area between Johns Creek/Alpharetta to Marietta to Atlanta.

As a family law attorney, I have represented clients in divorces and custody modifications on both sides of accusations related to illegal drug use or prescription drug abuse. Although drug use can impact property distribution and alimony in divorces without children, the accusation most often arises in cases concerning custody and visitation.

How do drug allegations affect custody and visitation?

The first thing to know is the legal standard a judge will use when reviewing a case. Georgia judges make decisions in custody cases based on the best interest of the child. In a divorce, both parents begin on equal footing. Judges make the decision using the many factors outlined in O.C.G.A. 19-9-3, which include past parenting of the child in question and ability to parent the child in the future. One of the factors is any evidence of substance abuse by either parent.

The second thing to know is that judges have different standards of proof for different cases. Most people are familiar with the legal standard “beyond a reasonable doubt” that is used in criminal cases; however, this is not used in a divorce.

In a divorce, the standard of proof is “preponderance of the evidence,” which means that drug accusations dont need to be proven beyond a reasonable doubt. Instead, the judge must decide if the evidence shows that an accusation is more likely than not to be true. If the evidence is tipped ever so slightly in one parent’s favor, the judge can choose to make that parent the primary custodian.

The judge can vest custody in either parent based on what the judge determines is best for the child. A parent does not have to be unfit to lose primary custody to the other parent. A judge simply chooses the best person to promote the childs welfare and happiness. So, if one parent has a history of drug use, even mild drug use like marijuana, the judge can give the other parent primary custody.

If drugs are an issue in your divorce, its important to have a family law attorney who knows how to obtain the evidence necessary to prove or disprove the allegations. Call Lynn Law Firm in Lawrenceville, Georgia, for more information.