October 2013
The Family Lawyer
Official Publication of the Atlanta Bar Association Family Law Section
Save the Date!
Mark your calendars for the following Family Law Section Events 

Details are subject to change.  Check your emails and the Atlanta Bar Association website for updates.


Family Law Section Luncheon 
Date: Thursday, November 7, 2013 - 12:00 pm
Topic: View from the Bench
Speaker: Justice Harold D. Melton
Georgia Supreme Court
Location: Atlanta Railroad Depot

Family Law Section Breakfast 
Date: Thursday, December 12, 2013 - 7:30 am
Topic: "A View from the Bench"
Speaker: Judge Robert Flournoy
Superior Court of Cobb County
Location: Buckhead Club
Case Law Update
Stephanie L. Wilson, Esq. and Corey A. Aitken, Esq. 
Stern & Edlin, P.C.


Zesker v. Zesker 
June 17, 2013 


Father's petition for legitimation was not only denied, but his parental rights were terminated as well. Father then filed a motion for new trial, which was denied without an oral hearing. 


The Court of Appeals held that because the above-styled case was a legitimation action, the superior court lacked jurisdiction to terminate Father's parental rights. Additionally, a superior court only has jurisdiction to consider the termination of a putative father's parental rights in connection with adoption proceedings. For the foregoing reasons, the Court of Appeals reversed this portion of the superior court's ruling.  


Read the entire article  


Georgia Lord, Nicholas Sears, and Carole Powell Speak at the August 2013 Breakfast
by Emily Su-Hwa Yu, Esq., Hunter, Weinstein & Somerstein, LLC
On August 8, 2013, the staff attorneys for the Judges sitting on the Family Division Bench in the Superior Court of Fulton County spoke to the Atlanta Bar Association, Family Law Section and answered questions regarding the process and preferences of the three Judges. 
Georgia Lord spoke on behalf of the Honorable Bensonetta Tipton Lane, Nicholas Sears spoke on behalf of the Honorable John J. Goger, and Carole Powell spoke on behalf of the Honorable Wendy L. Shoob. We thank Ms. Lord, Mr. Sears and Ms. Powell for speaking with the Atlanta Bar Association Family Law Section!

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The Honorable Melodie Snell Conner Speaks at the September 2013 Breakfast 
by Emily Su-Hwa Yu, Esq., Hunter, Weinstein & Somerstein, LLC

On September 12, 2013, the Honorable Melodie Snell Conner spoke to the Atlanta Bar Association, Family Law Section regarding her tips and strategies for family law attorneys. After taking the bench in the Superior Court of Gwinnett County in 1998, Judge Connor became the first female judge to take the position of Chief Judge in Gwinnett County.
Among all the cases that Judge Conner decides, she admits that family law cases are the most difficult for her. Having practiced family law previously, Judge Conner believes that practicing family law is one of the most difficult areas of practice and recalls the balance that trial attorneys must strike between advocating for a clients' desires while remaining reasonable before the Court. Judge Conner specifically informed the Atlanta Bar Section that she remains approachable to attorneys and that she will speak with attorneys regarding their cases if they believe it may help to limit the issues or provide some guidance to clients.

Practical Tips for Effective Non-Party Discovery
Lindsey M. Hacker, Levine Smith Snider &
Wilson, LLC

Discovery is the fact finding process that allows parties to be better prepared to reach a settlement or prepare for trial. Discovery is a tool for finding the truth. The more effective your discovery efforts, the better you will be able to serve your client. Below are some practical tips for effective discovery.

Employers have migrated from giving stock options to giving other forms of deferred or supplemental compensation. Those other forms could include Restricted Stock Units (RSUs), Restricted Performance Units (RPUs), Management Incentive Plans (MIPs), and Long Term Incentive Plans (LTIPs). In discovery requests, you should ask for all equity awards, compensation plans, and deferred compensation awards, including grant dates and vesting schedules.

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2013-2014 Section Board of Directors

Newsletter Editors
Rachel  Miller

Eileen Thomas

Vice Chair/Chair-Elect
Gary P. Graham

Anita H. Lynn

Louis J. Tesser

Immediate Past Chair
David N. Marple

Members at Large
Hannibal Heredia
Rachel Miller
Melinda (Mindy) C. Pillow
J. Ashley Sawyer
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