Georgia Family Law
Edwards and Associates is a boutique law firm based in Atlanta. We exclusively practice family law and domestic relations litigation. We specialize in celebrity, high asset and complex cases. We are committed to protecting the best interests of your children. Our blog provides information, news and comments on laws, cases and strategies for how to win your custody, visitation or child support case.
Friday, September 29, 2017
Sunday, January 29, 2017
Regina elected to Georgia SuperLawyers Rising Stars for 2017
Regina has again been elected to the Georgia SuperLawyers Rising Stars list for 2017.
While up to five percent of the lawyers in Georgia are named to Super Lawyers, no more than 2.5 percent are named to the Rising Stars list.
Ms. Edwards received her law degree from Tulane School of Law, and her undergraduate degree from North Carolina Central University. She is a member of the Georgia Bar, American Bar Association, Family Law Sections of the Gwinnett and Atlanta Bar Associations.
For more information about the firm’s services and philosophy, please visit our site at www.GeorgiaFathersRights.com.
While up to five percent of the lawyers in Georgia are named to Super Lawyers, no more than 2.5 percent are named to the Rising Stars list.
Ms. Edwards received her law degree from Tulane School of Law, and her undergraduate degree from North Carolina Central University. She is a member of the Georgia Bar, American Bar Association, Family Law Sections of the Gwinnett and Atlanta Bar Associations.
For more information about the firm’s services and philosophy, please visit our site at www.GeorgiaFathersRights.com.
Friday, March 11, 2016
Father awarded $230,000 in divorce case
In Fulton County, the parties amassed nearly 1 million in legal fees arguing over custody of their child. Our unique flat fees protect you from such exorbitant fees.
Full case below:
Full case below:
Hoard
v. Beveridge, S15A1685
Supreme Court of
Georgia, Civil Case (3/7/2016, 3/11/2016)
ATTORNEYS FEES:
Expenses of Litigation
Text: Thompson, Hugh
P., Chief Justice
This appeal involves
a challenge to a trial court's award to one party in a divorce action of
attorney fees under OCGA § 9-15-14 and OCGA § 19-6-2. Because we conclude the
trial court made sufficient findings to sustain the full amount of the fee
award under OCGA § 19-6-2 (a), we affirm.
In 2009, Brett
Beveridge filed an action for divorce against his wife, Vivian Hoard. One child
was born of the marriage, and the primary issue in the case involved custody of
the parties' minor child. With the parties' consent, therefore, the trial court
appointed as custody evaluator, Dr. Carol Webb, who concluded both parties were
fit and loving parents and recommended a joint custodial arrangement. After a
hearing, the trial court in April 2011entered a temporary order granting the
parties joint legal and physical custody with equal parenting time. In the
meantime, Hoard learned that in 2006, Dr. Webb asked opposing counsel's
husband, then state representative Edward Lindsey, for a letter of
recommendation for re-appointment by the governor of Georgia to a professional
board. Believing that Dr. Webb's request created a conflict of interest, Hoard
throughout much of the remainder of the divorce proceedings filed numerous
motions seeking to disqualify Dr. Webb, as well as motions to set aside, for
new trial, for mistrial, and to amend, reopen and rehear her motions to
disqualify, each of which was related to Hoard's efforts to disqualify Dr. Webb
and was denied by the trial court.1
In October 2012,
following a ten day trial, the trial court issued a final order granting the
parties joint legal and physical custody with equal parenting time. The order
specifically stated that the trial court did not rely on Dr. Webb's report in
making its custody determination but noted that the report was not inconsistent
with the other evidence presented by the parties. Both Hoard and Beveridge
filed cross-motions for attorney fees and expenses seeking, respectively, fees
and expenses of $431,411.25 and $400,974.90. In an October 2014 order, the
trial court denied Hoard's fee motion and granted Beveridge's motion, awarding
him $232,114 in fees and expenses, the exact amount of all costs he claimed to
have incurred from the date of the temporary hearing and after the trial
court's denial of Hoard's first motion to disqualify Dr. Webb. Seeking leave to
challenge the trial court's fee award, Hoard subsequently filed an application
for discretionary appeal which this Court granted pursuant to Rule 34 (4).
1. The trial court
made its fee award, without allocation, under both OCGA § 19-6-2 and OCGA §
9-15-14, based on its conclusion that Hoard's numerous attempts to disqualify
and discredit Dr. Webb unnecessarily expanded the litigation and that although "neither
party [could] afford the extensive litigation and the extensive fees they
incurred," Hoard had a "superior ability to pay." Hoard contends
the trial court erred by failing to identify which portion of the fees was
awarded pursuant to OCGA § 9-15-14 and which portion was awarded pursuant to
OCGA § 19-6-2 (a). She further argues that without such apportionment, the
award must be reversed because the trial court's findings are not sufficient to
independently sustain the full award under either statute. See Park Ridge Condo Ass'n v. Callais, 290 Ga. App. 875, 878
(660 SE2d 736) (2008) (holding that trial court abused its discretion by
failing to specify in its award of attorney fees and expenses which fees and
expenses fell within the ambit of the applicable fee statute). Compare Taylor v. Taylor, 293 Ga. 615, 618-619 (4) (748 SE2d 873)
(2013) (upholding attorney fee award that failed to specify which portion of
the award was made pursuant to OCGA § 9-15-14 (b) and OCGA § 19-9-3 (6) because
an award of the full amount would have been authorized under either statute).
We begin our analysis
with OCGA § 9-15-14 (b), a statute which authorizes a trial court to award
reasonable attorney fees upon a finding that an action or any part thereof
"lacked substantial justification or that the action . . . was interposed
for delay or harassment, or if it finds that an attorney or party unnecessarily
expanded the proceeding by other improper conduct." Here, the trial court
concluded that Hoard's numerous attempts to disqualify Dr. Webb based on her
request for a letter of recommendation unnecessarily expanded the litigation,
thus authorizing under § 9-15-14 (b) an award to Beveridge in an amount limited
to the fees and expenses he incurred in defending against Hoard's sanctionable
conduct. See Hardman v. Hardman, 295 Ga. 732, 740
(763 SE2d 861) (2014) (stating that award of attorney fees under OCGA § 9 15 14
might have been appropriate in contempt action if limited to fees party
incurred in defending against issue improperly raised in motion for
contempt); LabMD, Inc. v. Savera, 331 Ga. App. 463, 467 (2) (a) (771
SE2d 148) (2015) (trial court must limit attorney fees awarded pursuant to OCGA
§ 9 15 14 (b) to those incurred because of the sanctionable conduct); Trotter v. Summerour, 273 Ga. App. 263, 267 (2) (614 SE2d
887) (2005) (a trial court is required to exclude from fee award made pursuant
to OCGA § 9-15-14 any fees "unrelated to defending against the claims
deemed frivolous"). The trial court's order, however, makes no specific
allocation of fees awarded pursuant to OCGA § 9-15-14 (b) and awards Beveridge
$232,114 in fees and expenses, the same amount he claimed to have incurred from
the date of the temporary hearing related to all aspects of the
litigation. In fact, Beveridge's own evidence does not support the conclusion
that the full amount of the court's fee award is sustainable under OCGA §
9-15-14 (b) inasmuch as it shows that his costs related to Hoard's sanctionable
conduct did not exceed $65,000. We agree then with Hoard's argument that the
trial court's full award cannot be upheld under this section of the Georgia
Code.
2. If OCGA § 9-15-14
was the only basis stated for the fee award, we might at this juncture simply
vacate the award and remand to the trial court. See Hardman, 295 Ga. at 740. Vacation and remand are
unwarranted in this case, however, because the full amount of the trial court's
award can be independently sustained under OCGA § 19-6-2 (a). See Taylor, 293 Ga. at 618-619. That section "authorizes a
trial court in a divorce action to exercise its sound discretion and, after
considering the financial circumstances of the parties, to award attorney fees
as necessary to ensure the effective representation of both parties."Simmons v. Simmons, 288 Ga. 670, 673 (706 SE2d 456) (2011).
A trial court's decision "[w]hether to award attorney fees . . . pursuant
to OCGA § 19 6 2 is a matter within the discretion of the trial court, and the
exercise of that discretion will not be reversed unless manifestly or flagrantly
abused." Mongerson v. Mongerson, 285 Ga. 554,
558 559 (678 SE2d 891) (2009), overruled on other grounds, Simmons, 288 Ga. at 672, n.4.
The record in this
case shows that evidence was presented at the motions hearing regarding the
parties' financial circumstances, including evidence of their income, their
respective equity interests in real property, and Beveridge's obligation under
the final decree to pay for the cost of their child's private school education.2 The trial court also had before it evidence that
Hoard during the divorce proceedings liquidated marital assets to pay for a
portion of her attorney fees while Beveridge used his own non-marital assets
and obtained a loan against his 401 (k) to pay for a portion of his fees.3 The record and fee hearing transcript thus show that
the trial court carefully considered the parties' relative financial positions,
their obligations under the final decree, and the substantial costs incurred by
both parties, and awarded Beveridge substantially less than the total amount of
fees he claimed to have incurred in the litigation. Based on this record, we
cannot say that the trial court abused its discretion in making its award which
ensured effective representation of both spouses.4 See Simmons, 288 Ga. at 673-674 (finding no abuse of discretion
where record showed trial court considered the parties' relative financial
positions and granted fees to wife because she would be primary physical
custodian); Patel v. Patel, 285 Ga. 391, 393 (4) (677 SE2d 114) (2009)
(finding no abuse of discretion in trial court's decision to deny wife's claim
for attorney fees under OCGA § 19-6-2 where the trial court found both parties
used marital property to pay their attorney fees); Johnson
v. Johnson, 284 Ga. 366, 368 (3) (667 SE2d 350) (2008) (affirming award
of attorney fees under OCGA § 19-6-2 based on trial court's "broad
discretion to set the amount and terms of payment for any award of attorneys'
fees."); Brady v. Brady, 228 Ga. 617 (1) (187
SE2d 258) (1972) (discretion of trial court as to amount of fees awarded under
OCGA § 19-6-2 will not be disturbed absent an abuse of discretion).
Accordingly, the trial court's full fee award can be sustained under OCGA §
19-6-2 and we will not disturb this award on appeal. See Taylor, 293 Ga. at 618-619 (4).
We find no merit in
Hoard's argument that the trial court's award under OCGA § 19-6-2 was punitive
or improperly predicated on a finding that she engaged in misconduct. Although
the trial court discusses in its fee order the procedural history of the
parties' litigation and clearly concludes that Hoard's "numerous attempts
to disqualify and discredit the custody evaluator unnecessarily expanded th[e]
litigation," nothing in the language of the order suggests these factors
played any part in its decision to award fees to Beveridge pursuant to OCGA §
19-6-2. Compare Weaver v. Weaver, 263 Ga. 56 (428 SE2d
79) (1993) (reversing fee award under OCGA § 19-6-2 where decision to award
fees to one party was based on other party's refusal to settle dispute). In
fact, the trial court's discussion of its fee award as it explicitly relates to
OCGA § 19-6-2 makes no reference to Hoard's conduct but properly focuses on the
parties' financial circumstances and ability to afford the litigation.
Judgment affirmed. All the
Justices concur.
1Dr. Webb testified that she
did not recall asking for the letter of recommendation until she was asked
about it by Hoard's counsel at her deposition and that she did not know whether
Mr. Lindsey actually wrote a letter until Hoard filed her first motion to
disqualify, after the custody evaluation had been completed.
2The trial court found that Beveridge
earned approximately $19,000.00 a month and Hoard earned approximately
$20,000.00 per month. With regard to Hoard's "superior ability to
pay," the trial court noted, in addition to the slight difference in
income, that Beveridge was responsible under the final decree to pay $2,000.00
per month toward the cost of the child's private school education and the fact
Hoard had $224,300.00 in equity in her residence while Beveridge, who had moved
out of the marital home, had only $29,000.00 in equity in his residence.
3Contrary to Hoard's argument, the fact
that Beveridge was able to pay for a portion of his fee obligation during the course
of this lengthy and contentious divorce proceeding did not deprive the trial
court of its statutory authority to award fees under OCGA § 19-6-2.
4We find no merit in Hoard's argument
that the trial court abused its discretion by relying on financial information
presented during the October 2012 final hearing. Hoard failed to respond to
Beveridge's notice to produce more current financial information and failed to
produce at the fee hearing evidence of her then-current financial status,
despite being directed by the trial court's rule nisi to do so, leaving the
trial court no choice but to rule on the fee motions based on the evidence
previously presented. Moreover, unlike in Thedieck v. Thedieck,
220 Ga. App. 764, 768 (470 SE2d 265) (1996), there was not in this case even
the suggestion of a substantial change in the parties' financial circumstances.
Trial Judge: Bensonetta
Tipton Lane, Fulton Superior Court.
Attorneys: Michael J.
Bowers and Joshua M. Moore (Balch & Bingham LLP), Atlanta, for appellant.
Elizabeth G. Lindsey (Davis, Matthews & Quigley PC), Atlanta, for
appellee.
Friday, February 19, 2016
Regina Edwards selected again to SuperLawyers Rising Stars for 2016.
Edwards and Associates is pleased to announce that managing partner Regina I. Edwards has again been elected to the 2016 Georgia Super Lawyers Rising Stars list in the area of family law.
While up to five percent of the lawyers in Georgia are named to Super Lawyers, no more than 2.5 percent are named to the Rising Stars list.
Ms. Edwards received her law degree from Tulane School of Law, and her undergraduate degree from North Carolina Central University. She is a member of the Georgia Bar, American Bar Association, Family Law Sections of the Gwinnett, Forsyth and Atlanta Bar Associations.
For more information about the firm’s services and philosophy, please visit our site at www.GeorgiaFathersRights.com.
Friday, April 17, 2015
Edwards & Associates is pleased to announce that managing partner Regina I. Edwards has again been elected to the 2015 Georgia Super Lawyers Rising Stars list in the area of family law.
While up to five percent of the lawyers in Georgia are named to Super Lawyers, no more than 2.5 percent are named to the Rising Stars list.
Ms. Edwards received her law degree from Tulane School of Law, and her undergraduate degree from North Carolina Central University. She is a member of the Georgia Bar, American Bar Association, Family Law Sections of the Gwinnett, Forsyth and Atlanta Bar Associations.
For more information about the firm’s services and philosophy, please visit our site at www.GeorgiaFathersRights.com.
Monday, December 22, 2014
Parenting During the Holidays
Parenting During
the Holidays
The holidays can
be challenging for even the most organized and simple families. The addition of new families and households
can be even more overwhelming. Add in a
visit with your ex and your holidays might have gone from “the most wonderful
time of the year” to the most horrible time of the year. Co-parenting during the holidays can be
difficult and full of obstacles, but it can be done with minimal
controversy. Whether the problem is
seeing your ex in an effort to help the child or children have a great holiday
or vying for time with your child at such a family-oriented time, a family
split up can make for a difficult holiday season.
There are,
however, some ways that you and your co-parent can work together to make the
season less miserable and more celebratory for your child or children. The following tips, along with some from this
Huffington Post article and co-parenting post, could help you
navigate this time.
1.
Make a Plan.
The plan should include all aspects of the holidays, including financial
obligations. The holidays can mean more
childcare costs due to the children being out of school. Be sure to communicate with your co-parent
about how you might organize your schedules to minimize costs and split them
where necessary. Also, be sure to
communicate to your child or children where everyone is going to be at the
holidays so they are not taken aback by missing a time with one parent or one
family.
2.
Celebrate with your co-parent.
While this may seem difficult or entirely out of the question, it is
an option to consider. If you and your
co-parent can get along for long enough to enjoy some holiday time, it might be
beneficial for your child. Try opening
gifts together or attending the school holiday program together.
3.
Be aware that your child or children can read emotions and tones in
your voice.
You may think that you are being sneaky by using sarcasm and shooting
your ex a “look that could kill” when you think your child is not looking, but
the truth is that children are very perceptive.
They are likely to pick up on your tones and emotions. If they sense anger or sadness, they are
likely to start feeling guilty and those feelings might ruin the holiday season
for them.
4.
Schedule some down time. The holidays can be hectic and exhausting for
even the most organized and energetic adult.
A child being shuffled between families is likely to feel the stress
more than your average person. It is
important that you schedule some alone time for you child with some activities
that might help them unwind and calm down.
If you or someone
you know is dealing with a divorce or custody issues this holiday season,
contact our office to learn how we may be able to help you and your
family. Our attorneys are experienced
in family law and will work to find the best outcome for everyone. Contact our office for more
information.
Sunday, November 23, 2014
Custodial Parents Moving Away
Custodial Parents Moving Away
After a divorce or a custody battle, it is not uncommon for one of the ex-spouses to choose to move away from the place where the couple made their home. Whether the reason is to be closer to family or to start a new life, such a move can greatly affect the other person. This is especially true where one of the parties has custody of a child or children. Georgia law used to presume that a custodial parent was allowed to relocate, but a 2003 case overruled that presumption.
The Case
In 2003, the Georgia Supreme Court in Bodne v. Bodne decided that courts will no longer presume that a custodial parent is allowed to relocate. The Supreme Court stated that instead of presuming the parent is allowed to move, the courts will look at each case individually and will determine what is in the best interest of the child. The Supreme Court essentially decided that regardless of the parents’ custodial situation, the most important thing is the best interest of the child. Thus, there will be no presumption of authorization.
What Does it Mean for Custodial Parents?
A custodial parent who tries to relocate must give notice of the move to the non custodial parent. If that happens, the other parent may file an objection to this request. In such a case, it is important to have an experienced family law attorney on your side. In some cases, if one of the parents chooses to relocate, a judge will rework the custody arrangement. In extreme cases, a judge may even change who has primary custody. In making this decision, the court will weigh the two competing sides. First, the judge will consider the relocating parent’s reasons for moving. Then, the judge will consider the best interests of the child. The judge will decide whether the move is in the best interest of the child. If the move is not in the best interest of the child, the judge may decide that the other parent should have primary custody.
Does the Child Have a Say?
The Georgia code provides specific instructions for whether a judge should consider the interests of a child. Section 19-9-3 (a)(5) outlines whether to take the child’s preference into consideration. The law provides that once a child has reached the age of 14, the child will have a right to choose the parent with which he or she wants to live. A judge is not necessarily forced to agree with the child as to what the best interests of the child are, however, it very well may be a determining factor in the judge’s decision. The preference of a child between the ages of 11 and 14 will be taken into consideration, but is less controlling than that of the older child.
What Should You Do?
If you or someone you know has a child whose custodial parent wants to relocate with the child, or if you or someone you know is a parent who wants to relocate with a child, finding an experienced attorney can make all the difference in your case. The attorneys at Edwards & Associates may be able to help you in your case.
Tuesday, October 28, 2014
What Does a Paternity Determination Mean?
What Does a Paternity Determination Mean?
Determining paternity means determining the identify of the biological father of a specific child for purposes of the law. It is a process that decides who fathered the child and should therefore be financially responsible and gain rights to access the child and decisions regarding the child. However, the legal significance is very important and is often misunderstood. The emotional and personal significance can also be a huge part of a father’s life and will likely determine a very large part of the child’s future, making the step of establishing paternity a very important one.
Voluntary or Not?
A potential father might choose to have the paternity of a child determined, or the court may order it, despite resistance. There are multiple ways to determine paternity. One way to determine paternity is by marriage. A child born within the confines of a marriage is assumed to be fathered by the husband. Similarly, if a child is born and the parents later marry, the child is presumed to be the child of the husband if the couple signs legitimacy papers or the father puts his name on the child’s birth certificate. Additionally, a court order such as a divorce decree, separation agreement, or other order might specify the father as the parent of the child, establishing paternity.
If the purported child denies paternity, the mother of the child can file a paternity suit. At that point, the court will likely demand the purported child undergo genetic testing using DNA to determine the paternity. In the case of a court-required paternity determination, it is important that both parties are aware of their respective rights and obligations, a task a family law attorney can make much easier to handle.
What does it Mean?
Once paternity has been established, by any of the methods above, there will be legal implications for both the parents and the child. This may very well mean that the father will then be required to pay child support, money sent to the providing parent to help support the child financially. In addition, the father may be allowed visitation and or partial custody. The father may also gain rights to be a part of important decisions regarding the child’s life. The child can now inherit from and through the father and might also gain immediate financial support. All of these legal implications will be determined by the court or by agreement of the parties. Either way, an experienced family law attorney could be key to the process and gaining all of the privileges and responsibilities that come with being declared the parent of a child.
What does this Mean for You?
If you or someone you know is dealing with paternity issues, the first crucial step is to hire a good family law attorney. The attorneys at Edwards & Associates are highly experienced on the issue of father’s rights and we may be able to help you with your paternity or father’s rights issues. Contact us to find out more or visit our website for more information on our practice and how we may be able to help you.
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