The Family Lawyer
Official Publication of the Atlanta Bar Association Family Law Section
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Save the Date!
Mark your calendars for the following Family Law Section Event
Details are subject to change. Check your emails and the Atlanta Bar Association website for updates.
Family Law Section Breakfast
"A View from the Bench"
Speaker: The Honorable Dean Bucci, Paulding County Superior Court
Date: 06/11/2015
Time: 7:30 AM-9:00 AM
Location: Buckhead Club
Section Members: $18 in advance, $25 at the door
Non-Members: $25 in advance, $30 at the door
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Hon. Mary E. Staley Speaks at April Family Law BreakfastBy William A. Alexander, Esq., Boyd Collar Nolen & Tuggle, LLC
On April 9, 2015, the Honorable Mary E. Staley of the Superior Court of Cobb County spoke to the Atlanta Bar Family Law Section. Judge Staley first came onto the bench in 1982 when she joined the State Court of Cobb County. Ten years later, Judge Staley moved to the Superior Court of Cobb County where she remains today. In addition to handling a very busy general docket, Judge Staley currently manages Cobb County's mental health court. With Judge Staley's extensive experience on the bench, and her current passion for Cobb County's accountability courts, Judge Staley was gracious enough to provide the following insights:
Appreciation for Family Law Practitioners
Prior to coming onto the bench in 1982, Judge Staley was an Assistant District Attorney with no experience in family law. However, Judge Staley enjoys family law "more than she can express, especially the lawyers." Judge Staley's appreciation for family law stems not only from the lawyers' willingness to teach family law to new judges who have assumed the bench with little to no family law experience, but also for their compassion in helping families through some of the most challenging experiences of their lives.
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Hon. Fletcher Sams Speaks at May Family Law BreakfastBy Jeanette Holmes, Boyd Collar Nolen & Tuggle, LLC
On May 14, 2015, the Honorable Fletcher Sams of the Superior Court of Fayette County spoke to the Atlanta Bar Family Law Section. Judge Sams, a sixth generation resident of Fayette County, described himself as the "black sheep" of his family - the only one to not go into the practice of medicine. Raised by two doctors, Judge Sams majored in Biology at Rhodes College; however, a "C" in Organic Chemistry led him to pursue a career in law.
Shortly after graduating from the Cumberland School of Law, Judge Sams returned to Fayette County where he was raised, and has been serving that area ever since. Although he began his career in private practice, Judge Same eventually decided to get out of private practice in part because he disliked trying divorce cases! In 2010, he became a Superior Court Judge, and now decides divorce cases and other family matters on a regular basis. Judge Sams acknowledges that, in domestic cases, the local judge hearing the case is afforded broad discretion. Thus, it is a good idea for practitioners to familiarize themselves with each judge's preferences and habits.
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Case Law UpdateBy Stephanie L. Wilson, Esq., and Corey A. Aitken, Esq., Stern & Edlin, P.C.
Floyd v. Gibson
A14A1655
April 16, 2015
Mother and Father, who never married, had three (3) minor children. In May 2013, DFCS removed the children from the custody of Mother after her drug overdose and placed the children with their maternal grandmother. Grandmother then filed a petition for custody, which Father, who had not legitimated the children, contested. The trial court ultimately awarded custody to Grandmother.
On appeal, Father argued that the trial court failed to apply the proper standard in determining custody, and the Georgia Court of Appeals agreed. In fact, under O.C.G.A. § 19-7-1(b.1), a parent may lose custody of his children to certain relatives if it is determined by the court that "an award of custody to such third party is for the best interest of the...children and will best promote their welfare and happiness," (citing to Clark v. Wade, 273 Ga. 587, 544 S.E.2d 99 (2001)). According to Clark, the best interest standard requires that the third party show that parental custody would harm the children, and "[b]y harm, we mean either
physical harm or significant, long-term emotional harm". Id.
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