Posts by Scott Shaw
A Word from Scott Shaw: The Case for Unmarried Dads who are not legitimated. There Is Hope. You Can Win Custody of Your Child!
Unmarried fathers have it very tough. Whether you have been your child’s primary caretaker, joint physical caretaker, allowed to just visit, or kept completely out of your child’s life, an unmarried father is at the beck and call and terror of their baby mother. You see your child only as the mother deigns to allow you to…
Read MoreJoint Physical Custody in Georgia Courts: What the Science Tells Us vs. Conventional Wisdom
Historically joint physical custody arrangements, where both parents have roughly 50% of the time with the children has been disfavored in Georgia courts. One judge, in Fulton County Superior Court, went one step beyond simply disfavoring joint physical custody arrangements in that not only would he never order joint physical custody, he would never enter an…
Read MorePARENTING PLAN COMPLIANCE DURING THE COVID-19 CRISIS
I’ve been getting a lot of calls and emails about how co-parents should react to the COVID-19 crisis and how they should interpret their court-ordered parenting plans during this non-school time. Last week, I sent out a statement from the AAFC/AAML that included good general advice. This week, I have received two clarification notices from Cobb County and Fulton County judges.…
Read MoreA Word from Scott Shaw: Who Gives Her the Right?
In the mid-1990s when I began as a child custody attorney and built up my expertise, I wrote of a moment that I summarized as “who gave her the right?” What I meant was mothers often assumed they were the only parent entitled to child custody. Our culture suggests that fathers allow mothers to act…
Read MoreCan You Be Required to Pay More in Child Support if You Make a Lot of Money?
Divorce is complicated. It can be made even more complicated when considerations for child support are on the table. Divorce and child support are deeply tied to income, so what happens if you make significantly more than average or more than your spouse? Can you be responsible for paying additional money per month based exclusively…
Read MoreHow Should Restricted Stock Options be Considered in a Divorce Case?
Lawyers are not accountants, or vice versa, but there are a lot of financial matters decided through the court systems. For a divorce case, joint and individual financial assets are among the key considerations for division. Its not uncommon for retirement, stocks, 401K or other accounts to be taken into account during a divorce, but…
Read MoreCan a Post-Separation Affair Affect Your Divorce Case?
Recently, we had a case where both parties began relationships after they were separated but before their divorce was final. The question is: should these relationships be considered during a divorce case, even after the marriage was, for all intents and purposes over? There are several factors to consider, including when the separation officially began. Let’s take a…
Read MoreCan Your Private Calls and Emails Be Used Against You in a Family Law Case?
Are your private emails as private as you think? It sounds pretty clear that anything you create or send over the very public internet could be admissible in a case if they provide evidence. But how those emails are obtained is as important as the information contained. If your emails were accessed without permission by…
Read MoreFive Tips to Take the Fight out of Shared Custody This Summer
After a long school year, summer vacation is coming up soon! We can’t help but feel our kids’ excitement. For us parents, though, summer vacation means work, schedule changes and increased childcare. For divorced parents, that can require extra cooperation and flexibility from all parties. Sharing custody is never easy, but during the summer months,…
Read MoreFive Tips for Co-Parenting an Active Teenager
There will always be obstacles to navigate when co-parenting with an ex-spouse, but add an active teenager seeking independence to this mix and parents could find themselves in a three-way showdown: Mom vs. Dad vs Teenager. Navigating the teen years and a divorce custody schedule can be made easier by following these five tips: Put…
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