The Guardian Ad Litem, for the purpose of pending litigation puts themselves in the shoes of a legally incompetent person such as a minor child. The Guardian Ad Litem investigates all issues associated with the case they are assigned to and files a report with the court.

Guardian Ad Litems are usually lawyers or mental health professionals, depending on the court and the circumstances. They investigate the matter, use their own judgement in determining what is in the best interest of the child, and report their findings and recommendations to the court. In contested custody and visitation cases, courts frequently appoint a Guardian Ad Litem for the children.

If you have a case in the court that requires a Guardian Ad Litem, treat him/her professionally. Return phone calls and try to be as cooperative as possible.

It isn’t easy having an outsider poking their nose into your business but, at times it is necessary. It is imperative that you get past any negative feelings or resentments you have about the situation because the impression you make on the Guardian Ad Litem could have a lot to do with the outcome of your case.To not put your best foot forward will only hurt your children.

This month, the Georgia Court of Appeals case of Rutter v. Rutter came down.  The Court ruled that in –home  video surveillance of a spouse is allowed, even if they were not aware of the surveillance. 

The court sanctioned the trial court’s ruling that even if the purpose was to catch a spouse committing a crime, which may affect a custody case, the video is admissible in divorce court.  

However, if you suspect your spouse may be committing a crime and you want to place them under surveillance, always contact an attorney to learn your responsibilities beforehand.  An experienced Georgia divorce attorney like Edwards and Associates can advise you of your rights.

By Jillian Eugenios

updated 3/30/2012 10:04:51 AM ET

 

Bridal expos have long provided attendees with knowledge about what’s hot for the wedding process; but what’s out there for those dealing with the harrowing situation of divorce? 

The “Start Over Smart” expo, the first divorce expo in the U.S., promises to put a friendly face on the process. The two-day event, held in New York City this weekend, will draw industry professionals together to offer information and services to those going through a divorce.

Francine Baras and her daughter Nicole Baras Feuer are launching “Start Over Smart” with hopes that it will be a hit and enable them to host the event in other cities. And with half of all marriages in the U.S. ending in divorce, there’s a need for this expo, the pair tell TODAY’s Amy Robach in a segment that aired Friday. 

“Divorce is still in the closet,” said Baras. “We think we talk about it, but when you’re facing it yourself, you are facing it alone.”

Cities throughout Europe have been putting on such expos for years, and Baras and Feuer were actually inspired to bring the event to the U.S. after heading to one in Paris. “[We] fell in love with the idea,” Baras said.

The mother-daughter team brings relevant experience to the table. Baras is married and a family therapist. Feuer, a recent divorcée and single mom, is a divorce mediator. Calling her own divorce “isolating,” she set out to put everything into the expo that she wished she’d had when she was going through her divorce.

The event, which costs $75 for a one-day ticket and $125 for both days, includes over 100 professionals that deal with divorce, with vendors hawking everything that one would expect, like counseling, legal services and financial expertise (TODAY money expert Jean Chatzky is a keynote speaker at the event). More surprising exhibitors include a business that arranges ceremonies providing reconciliation for couples embroiled in divorce proceedings, plastic surgery professionals, a matchmaker and beauty experts.

“Besides having all this information that’s very important to demystify divorce,” Baras said, “we have the other side…how to put your makeup on again; how to feel sexual, how to start dating.”

Randi Lambert, a mother of two, is ending a 14-year marriage and says she plans to attend the expo.

“I want to make sure I know anything and everything,” she said. “(So) I won’t have to look back and say I should’ve, I could’ve.”

Baras and Feuer say they’re not proponents of divorce; instead, they are in the business of supporting the people going through the process. Feuer calls the expo “empowering and uplifting,” and says that people shouldn’t look at divorce as something negative, but as a necessary transition in people’s lives when the dream of happily ever after doesn’t quite last for forever.

On behalf of Edwards & Associates posted in Custody on Wednesday, January 18, 2012

You’ve probably heard it before: the reminder that when it comes to divorce, it’s important to consider your children. Most people claim to want what’s best for their kids, and in their hearts, they do. But in practice, particularly during divorce proceedings, this can be frustratingly difficult.

Child custody is just one of the details you and your soon-to-be ex need to work out as you prepare for your new lives apart. Although the days when custody was automatically awarded to the mother are long behind us, mothers are still more likely to be granted primary custody, and fathers often fail to stand up for their rights.

It’s important to keep in mind that unless either of you has shown to be an unfit parent, children greatly benefit in the long term from having relatively equal time with both parents. Too often custody is used as a tool to exact revenge on a spouse, and while it may initially feel good for the parent awarded custody to hold that judgment over the other parent’s head, in the end, it’s your child who suffers most, not your spouse. At the same time, remember to stick up for yourself before assuming you won’t get as much time with the kids as your ex.

Accompanying the issue of custody is child support. In the state of Georgia, child support is usually calculated using the incomes of both parents along with the amount of time their children spend with each. But what if custody didn’t enter the equation, and the amount of money each parent had to work with was settled without that tug of war? If custody and support were determined separately, there might be less fighting over both.

Speaking of fighting, many parents believe that they’re effectively hiding their emotions about the divorce from their children. But keep in mind how perceptive kids can be without talking directly to them. They hear you on the phone, in the next room, complaining to your friends or to yourself about your ex. Divorce almost always has a long-term negative effect on children. Your job as their parent at this time is to lessen that negativity in whatever way possible. That means both you and your ex need to treat each other as respectfully as you can, and to truly put your child’s feelings ahead of your own.

The end of your marriage doesn’t have to spell the end of good times for anyone — you, your spouse or your children. But you as a parent are responsible for ensuring that the details of your divorce, whether it’s time (child custody) or money (child support), don’t get in the way of a happy childhood for your son or daughter.

Source: Huffington Post, “Divorce + Child Custody = Epic Failure,” Ken Solin, Jan. 17, 2012

On behalf of Edwards & Associates posted on Monday, January 23, 2012

It turns out there really are disadvantages to being rich and famous. The seemingly never-ending barrage of celebrity divorce is a clear example. While famous people may not want to air their dirty laundry, the media tend not to give them a choice. But rarely does a celebrity’s effort to maintain privacy reach the level of NASCAR CEO Brian France’s fight to keep his name off the presses.
North Carolina’s Charlotte Observer has fought for three years to get records from France’s divorce to be released publicly. Although a judge ruled that the files should be made public, France is doing everything he legally can to keep them private.

The 2008 agreement with his ex-wife provided her with $9 million in assets and about $40,000 in alimony and child support for their young twins. But he claims she breached that agreement when she showed it to a man with whom she was romantically involved and made disparaging comments about France to family and friends. He therefore went back to court to have the agreement nullified. In turn, his wife filed a list of her own grievances, charging that France hadn’t been making the support payments.

France’s attorneys were able to seal all court hearings and records, even though they’re supposed to be public. But several months later a judge who inherited the case ruled that they should be public. She also ruled they should be opened for access to the Charlotte Observer and other media. France’s attorneys appealed, and the battle has continued in the three years since then. The case is now before the state Court of Appeals awaiting initial hearings. If that court rules in favor of the newspaper, France could take it up the chain once more to the state Supreme Court.

France’s attorneys argue that the concerns of protecting the couple’s children and their personal and financial affairs supersede the public’s right to know about them. While there is some precedent for that argument, it’s mainly used to shield only certain portions of proceedings, and usually related to violence, abuse or the psychological well-being of children.

Why is the Observer so intent on gaining access? Because they might provide details about the way NASCAR and the International Speedway Corp have been managed, one reporter says. Regardless of what the documents reveal, an attorney for the paper feels the courts will continue to rule in its favor.

Source: ESPN, “NASCAR CEO fights to keep divorce private,” Jan. 17, 2012