THE LAW OFFICES OF DREW MOSLEY LLC 600 S. Perry Street
Lawrenceville, GA 30046
678-480-9003
678-221-0230 fax
Drew Mosley practices in the area of family law. He has experience with divorce, child custody, child support, and related matters. His cases have included interstate, international, and criminal issues. Furthermore, his family law cases have seen successful outcomes in several counties. For one example, in a child support recovery / contempt case, Mosley obtained a judgment for Fifty Thousand Dollars ($50,000.00), which was paid in full, after another attorney had been unable to recover the funds because of a bankruptcy defense strategy used by the individual who owed the support. In divorce cases, Mosley routinely obtains primary custody, the house, and whatever else his client may be seeking.
Divorce, Custody, Child Support, Adoption, Modification
Whether you need a simple uncontested divorce at a low cost or representation for a complex and protracted custody battle, the Mosley Law Offices can help. We also handle contempt motions to enforce child support and other orders and settlement agreements, as well as child support modifications under the new law, though at this point the worksheets have been with us for a while. Our firm handles juvenile and adoption cases. We can even assist you in planning for the care of your children in the unfortunate event of your disability, incapacitation, or death. We serve Gwinnett, DeKalb, Hall, Barrow, and Fulton Counties and beyond in Georgia.
Check out this interesting article on marriage in Time Magazine. (Dated Nov. 18, 2010). Another interesting article on divorce in the New York Times. (Dated June 17, 2011). Family Law Q&A by Drew Mosley, Esq.
Q: What is an "uncontested" divorce? A: An "uncontested" divorce is what many refer to when they discuss a divorce that does not need to go to trial. An uncontested divorce still must proceed through the courts. Only a court can grant an order of divorce, in fact only the Superior Court. However, if the parties agree on terms they can both live with, they may be able to enter into a settlement agreement that can be incorporated into the order of the court. In other words, if the parties can get along, their attorneys may be able to help them get a divorce without ever walking through the courthouse doors. The Mosley Law Offices can handle your uncontested divorce, or if things get ugly, we can shift gears and litigate as aggressively as necessary to protect your interests. Sometimes an uncontested divorce is the way to go; sometimes it is a good way to get screwed. See our Uncontested Divorce Page for more information. Q: What is an "asset" divorce? A: An "asset" divorce is a divorce where there are assets at stake and the court has to decide who gets what. It is absolutely imperative that the parties in an asset divorce at least seek counsel for review of a proposed settlement. In many asset cases, actually going to court is worth it because the amount you stand to win or lose is more than the cost of the attorney's fees to prevail. With large assets such as retirement accounts, homes, and businesses, good advice can literally be worth a small or large fortune. Even if you feel like that small business was created by your spouse and belongs to them, if it was created during the marriage, you likely have significant if not equal rights to that asset. Such an issue must be investigated by an attorney because often, a divorcing spouse has been planning and preparing for longer than you would like to think they have. Assets may be hidden or disguised to appear less valuable than they really are. See our Asset Divorce Page for more information. Q: What is a contempt motion? A: A contempt motion is brought before the court to enforce an order of the court that has been violated. The party that has allegedly violated the order may be held in contempt based on the party's actions. Common bases of contempt are non-payment of child support, denial of scheduled visitation, and conduct toward children that is contrary to the provisions of the order (such as activity that tends to alienate a child from the other parent). Orders often set limits on how parents are allowed to portray one another to their children. A common issue in contempt cases is whether or not conduct is willful. There are two types of contempt, criminal and civil. A contempt motion is often less of a burden to take to court than you might think, because attorney's fees are commonly awarded. Q: Why is it important to get my child support order right the first time?
A: Depending on the age of your children at the time of divorce, small changes in a child support order can add up to thousands of dollars over the years. (Consider that a Five Hundred Dollar [$500.00] a month child support payment over eighteen and a half [18 1/2] years adds up One Hundred and Eleven Thousand Dollars [$111,000]). Having an attorney work with you to plan the financial aspects of your divorce can often save or gain you more than you would spend in attorney fees. Recent changes in the law have also made providing the court with your and your spouse's (or ex-boyfriend or girlfriend's) financial information a more complicated process than in years past. The Mosley Law Offices can help make this complicated process simpler for you when you need to focus on your emotional needs as well as those of your family. Q: Should I warn my spouse the sheriff is about to serve him or her with divorce or other family law papers? A: While being visited by a law enforcement officer can be an unpleasant surprise, it is generally best not to give away the element of surprise with regard to service. Service dodgers can increase the costs of a divorce or other family law proceeding, sometimes substantially. In most of Georgia, the Sheriff will serve process for $50.00. If a professional process server is required to find someone who has decided not to be found for a while, this fee immediately goes to $100.00 plus (though there are a few bargain investigators out there). It is always best to get specific legal advice regarding your case, but as a rule of thumb, warning someone the sheriff is coming comes at a cost. They might not wish to see him. With the increase in sheriff service costs from $25.00 to $50.00, we often use a waiver of service mechanism that makes a defendant who insists on being served rather than signing and waiving service pay for the extra costs that stubbornness creates. Q: What is a family violence protective order? A: A family violence protective order is a court order sometimes called a restraining order. It prevents someone who has a history of violence against a victim or who poses a threat of danger to a potential victim based on threats from going within a specified distance of that person under penalty of contempt. The relationship between the parties is what makes a protective order a family violence protective order. Such protective orders are sometimes used to gain advantage in a divorce by effectively kicking one spouse out of the marital home by virtue of the restrictions in the order. This answer does not address the issue of punishment for violation of such an order, which may be criminal in nature and severe. If you have suffered actions that you believe entitle you to a protective order, seek counsel immediately. Sometimes, if one waits too long, the ability to get a restraining order diminishes or vanishes. Strike while the iron is hot. Threats to personal safety are must actionable within hours after they happen. After that a judge may ask, why do I need to grant this protective order when a significant amount of time has already passed without further trouble. Naturally, severe threats or violence will get more consideration, but even then judges wonder why did he or she wait so long to bring this to the court's attention. Q: How can I determine who will be awarded custody of the children in my divorce or other custody case?
A: While one can guess at what decision a judge might make about the best interests of a child in a custody case, it is sometimes very difficult to tell. Many factors go into a best interests of the child analysis. Some of these factors include who has been the primary caretaker of the child, who has promoted healthy relationships between the child and the other parent and side of the family, who has supported the child's educational efforts, and who can provide the best home environment for the child. Many factors are permitted to enter the judge's analysis in Georgia, so in close cases and even in some not-so-close cases--really in all custody cases--presentation of one's case for custody can be very important in securing the outcome YOU believe will be in your child's best interests. A skilled family law attorney can be invaluable in assisting you in a custody case. It is important to keep in mind how hard the other party may try to get custody in order to receive child support and avoid paying it. We have secured primary physical custody for fathers and mothers seeking it.
Q: What is the difference between legal and physical custody?
A: Parents who have joint legal custody both have the legal powers of a parent to see records and gain information from agents working with their children, such as educators and medical care providers. A parent can have joint legal custody but not have physical custody (also known as visitation for parenting time) very often. The custodial parent is generally referred to as having primary physical custody. This parent often has the power to break ties (as in a tie-breaker) or in other words settle any disputes parents exercising joint legal custody may have. The non-custodial parent (sometimes referred to as the NCP) usually has visitation (sometimes called "parenting time"), unless they are for some reason unfit to be allowed to do so. The modern trend is that unless there is a good reason otherwise, fit parents will have joint legal custody. Sole custody scenarios are largely for when one party is in jail or has abused the child, for example. Sole custody may be consented to by an NCP who does not have a lot of visitation or play a large role in a child's life. To give an explanatory example that can be helpful, it does not make sense to say that someone would have primary legal custody. Legal custody is one of those things you have or not. Physical custody is likely to be joint, but unlikely to be even or equal, because the requirements of school attendance generally mean that a child is going to be with the parent he or she stays with during the school year more than the other parent, the primary physical custodian. Visitation can be thought of as a fractional custody interest; however, one parent can have sole legal and physical custody while the other has visitation. For some, it makes sense to say that visitation is a lesser right than "custody." The key to understanding the distinction between legal and physical custody is this: Legal custody is an abstraction, an indication of legal power and right; physical custody is almost but not quite literal, like when the suspect is in police custody.
Q: How do I make a good custody plan to show the Court how I want my time with my child and the other parent's time with the child to be spent? A: A good attorney is the best defense against a bad custody plan, sometimes called a permanent parenting plan. You will want to work closely with your attorney and likely that attorney's paralegal to anticipate ambiguities or failures to address various issues. A great custody plan will last from when it is signed by the judge to the eventual graduation of the child from high school or other means of reaching independence or growing up. Some points to consider are that though a young child may not yet be in school, that child eventually will be. The custody plan should account for both periods of childhood. The custody plan may need to reference the child's school calendar. (Gwinnett County's school calendar can be found here.) Communication issues such as telephone and computer usage are laid out in a comprehensive custody plan, as are transportation issues and access to records. Some think that it is best to set weekend visitation in terms of the first, second, third, fourth, and sometimes fifth weekend of the month, because it is sometimes difficult to remember whose weekend is whose when the working is "every other weekend;" others think "every other weekend" works just great and evenly splits time. Q: What is the discovery process? . A: The discovery process is the process in which the parties to a divorce or other family law proceeding gather information from each other. Parties can propound (which is legalese for send) to each other interrogatories, which are questions the other side is required to answer within a given time unless they have an appropriate objection. Parties may request documents and other things from each other in what are called requests for production of documents (sometimes RPDs and often accompanied with a notice to produce). The parties may also request that the other side admit facts that are true or explain why they are not so. As in other proceedings parties may subpoena individuals to appear at trial as witnesses or bearers of documents. The discovery process is a valuable tool. While not all cases will see discovery activity, it can be very important in cases where the parties might have reason to hide or withhold information from each other. In Georgia, the default discovery period is usually six months from the filing of the answer (according to the Uniform Superior Court Rules [U.S.C.R.]), though this can be shortened or lengthened by the court. For the most part, discovery is not something one would engage in without an attorney. It is also something some attorneys seem to engage in too much. How many times do they need to ask me for tax returns they know their client has in their possession!? Q: Is it true that if I get divorced but was married for more than 10 years that I can claim Social Security based on my ex-spouse's income? A: Social Security rules provide that a marriage is considered valid until a divorce is legally declared final, even if you live separate from your spouse prior to your 10-year anniversary. Separation of property and commencement of child support or spousal support payments before 10 years also do not void this benefit with Social Security, so long as the final order comes after 10 years. Social Security so collected is a dependent benefit and has no impact on your ex-spouse's retirement benefits, so if you are close to this 10-year-marriage mark, you may wish to suggest to your spouse that you wait to finalize your divorce paperwork until after this milestone has passed in order that you may claim these benefits for yourself if circumstances otherwise allow. Consult a lawyer when making such a decision because not everyone is eligible for Social Security, and numerous other rules impact eligibility. Some think Social Security will not be around for ever, but whether or not it is down the road, it is a good consideration for those getting divorced now to account for. Q: Is it possible that I am in a common law marriage? A: It is possible, but unlikely that you are in a common-law marriage, or in other words a marriage that has been entered into because you have held yourself and your supposed spouse out as married without ever pursuing the formalities to be married as normally required by law. In 1996, the Georgia Code was amended to end common-law marriage. Section 19-3-1.1 provides that "No common-law marriage shall be entered into in this state on or after January 1, 1997. " Thus, as of January 1, 1997 you can no longer become common-law married in Georgia. However, the code section goes on to say that "Otherwise valid common-law marriages entered into prior to January 1, 1997, shall not be affected by this Code section and shall continue to be recognized in this state." Thus, there may be and probably are still some Georgia common-law marriages out there. Don't just walk away from one of those without doing a divorce to end it. You may be entitled to property or other relief. Definitely seek counsel for such a situation. Q: Can the divorce I tried to do myself with online forms be fixed? A: Once a case has been started, the clock is running for certain matters. Some opportunities can be lost forever. That said, many people find that they cannot finish the case they have started and need professional help. We often provide the assistance a client needs when they have started to pursue their divorce pro se or without an attorney, with LegalZoom forms or forms from another provider, and find that they have gotten in over their head and cannot complete the process. Anyone in a situation like this should seek counsel immediately, so that any necessary repair work can be done before time runs out. Legal forms are no substitute for legal advice. In family law, where assets and child support are at stake, lawyers often provide results that more than make up for the expense of attorneys fees. Q: What documents are usually involved in a divorce case?
A: In some but not all cases, a separation agreement is put in place to preliminarily settle property and/or custody issues between spouses. The contents of the separation would be negotiated between spouses and their lawyers. A petition or complaint is used to initiate a case or suit and to set out the issues to be tried; the petition is served with what is called a summons. When a plaintiff or petitioner, the person beginning proceedings, files a complaint or petition, an answer is filed in response by the opposing party, who may or may not include a counterclaim. Several varieties of discovery documents may be filed to allow parties to gather information from each other: interrogatories (questions to be answered in narrative form), requests for production of documents (what it sounds like), and requests for admissions (a way to make the opposing party admit or deny stated assertions). Numerous varieties of motions may also be filed, such as a motion for a psychological evaluation, which is often sought in custody cases. When a case is decided, a final judgment and decree or court order is filed stating the outcome of the case and possibly findings of fact. This is followed by a child support addendum if there are children. These are by no means all the forms in a divorce proceeding, but merely some examples to provide a glimpse of what work is to be done in such a proceeding. Q: If I am afraid my spouse (or other unmarried parent) is going to flee with my child, what can be done? A: The Mosley Law Offices can work with the United States Department of State, the Department of Homeland Security, and consulates to foreign countries to seek notice of travel and passport activity as well as other measures to monitor or limit travel of a child in a custody dispute. Because movement of a child outside of a jurisdiction can be costly and time consuming to correct or worse, preventative measures often make a great deal of sense. Whether you worry about movement outside of the state or outside of the country, we can implement strategies to help you protect the interests of your child and yourself. Q: What role do psychological issues play in family law? A: Often long-standing or newly manifesting psychological disorders cause problems with husband-wife, parent-child, and other relationships. Georgia law provides for the psychological evaluation of divorcing parties, parents, and children in appropriate circumstances. When narcissistic or deceptive behaviors present in an opposing party, it is essential to demonstrate these psychological propensities so that the court can properly interpret actions and testimony which may range from misleading to outright lies. For a person who clings tightly to the truth, it can be surprising how fast and loose others will play with the truth, even in court. Q: What federal and Georgia laws determine what happens in a divorce or other family law matter? A: As a general proposition (but as usual with exceptions), family law is governed entirely by state law. However, uniform laws have been put in place by the states at the suggestion or coercion of the federal government. These laws govern how the states decide questions of jurisdiction when more than one state's law might apply (sometimes called conflicts of law issues). They also govern certain issues the federal government has through Congress deemed to be of great significance. In Georgia, Title 19 governs domestic relations. (The body of Georgia laws is divided into 53 divisions called titles.) Title 19 is divided into 15 chapters. Chapter 1 covers "General Provisions." Chapter 2 covers "Domicile." Chapter 3 covers "Marriage Generally." Chapter 4 covers "Annulment of Marriage." Chapter 5 covers "Divorce." Chapter 6 covers "Alimony and Child Support." Chapter 7 covers the "Parent and Child Relationship." Chapter 8 covers "Adoption." Chapter 9 covers "Child Custody Proceedings." Chapter 10 covers "Abandonment of Spouse or Child." Chapter 11 covers the "A Safe Place for Newborns Act of 2002." Chapter 11 covers "Enforcement of Duty of Support." Chapter 12 covers "Change of Name." Chapter 13 covers "Family Violence." Chapter 14 covers the "Child Abuse and Neglect Prevention Act." Finally, Chapter 15 covers "Child Abuse." Of course, issues relevant to family law are treated elsewhere in the Georgia Code. (Also, keep in mind there are other sources of law, examples being the Georgia Constitution and court decisions.) However, most questions of family law, divorce, and child custody, are dealt with in detail in Title 19. Q: What can I do if my divorce trial went badly? A: You can appeal a divorce case as you can other types of legal cases. This is provided for in O.C.G.A. § 5-6-33(a)(1). However, if you are going to successfully appeal you will almost certainly need to have a transcript of the trial. To have a transcript, you must have the proceedings taken down by a court reporter. Participating in "take-down," as it is called, is the first step. Having the proceedings transcribed from the court reporter's notes is the second step. Other steps follow, but these will need to be performed at least in consultation with your attorney. There is only a short time in which to file an appeal, so if you feel you have questions about appeal, ask them immediately, as time is of essence. It is also sometimes appropriate to request a new trial, which must also be done promptly. Q: How do divorces differ for those in the military? A: There are laws that provide additional legal protections to some members of the military and rightfully so as those at war cannot fully attend to matters at home. Mosley Law Offices handles family law matters for members of the military and those who are married to them or have children with them. Sadly, the service of American military men and women and their loved ones comes at a cost in the toll it takes on relationships. We seek to help provide structure and necessary support in these situations. Q: What options are available for the collection of child support? A: As indicated above Chapter 11 of Title 19 governs child support. Within Chapter 11, Article 1 is the Child Support Recovery Act. Article 2 deals with Enforcement of Support, and Article 3 details support proceedings. In GE Q: How do I figure out how much child support is the right amount? A: The Georgia Legislature has set out statutory guidelines for determining the presumptive amount of child support to be paid by the non-custodial parent (NCP) to the custodial parent (CP). You can work with spreadsheet and web-based calculators from the Georgia Child Support Commission to estimate your child support. However, because these worksheets are somewhat technical and intricate, you will want to have your attorney review that they have been completed correctly. Many times people have confusion about gross and net income, health insurance, child care expenses, etc. These factors can make a significant difference in a child support award. Therefore, an attorney can often more than pay for him or herself by giving good guidance on optimizing child support. Q: Does Mosley Law Offices have experience with custody issues when one or more parents are gay? A: Yes, we have worked on cases where one parent believed the other parent's homosexuality affected the best interests of the child. Generally, it would be difficult for sexual orientation to affect a child's best interests. However, people make the argument that it affects parental fitness directly and indirectly. Residual bias toward gays and lesbians can result in this tactic being used effectively. In this scenario we can bring to bear experience focusing the court's attention on what is really in the child's best interest rather than on a parent's orientation.
Q: Do the Mosley Law Offices offer legal representation in any jurisdictions other than Georgia? A: Yes, Drew Mosley practices family law in Arkansas as well. Practicing in multiple jurisdictions provides an attorney with perspective and ensures he is aware of issues that arise in interstate cases that involve these or other states. If necessary, the Mosley Law Offices can work with attorneys in other states or countries to achieve our clients' objectives, giving us nationwide range. |