Legal Insights & Expert Perspectives
In Honor of Native American Heritage Month, Let's Discuss the Indian Child Welfare Act
In a major decision reaffirming Native American rights and the scope of federal authority, the U.S. Supreme Court voted 7–2 to uphold the Indian Child Welfare Act (ICWA), in 2023. ICWA is a 45-year-old law designed to protect Native children and preserve tribal integrity.
THC, Custody, and Changing Cannabis Laws in Georgia: What Parents Need to Know
As laws surrounding cannabis continue to evolve, both federally and in Georgia, the legal and social landscape of THC use and child custody is changing with it. What was once an automatic red flag in custody litigation is becoming a more nuanced issue, as judges, lawmakers, and even medical professionals grapple with where to draw the line between lawful use, dependency, and potential risk to children.
Emergency Custody Motions in Georgia: When Are They Allowed?
When a parent fears for the immediate safety or well-being of their child, the instinct is often to go to court right away. In Georgia, parents sometimes ask about filing an “emergency custody motion.” While this option does exist, Georgia courts are very careful about when such motions can be filed and granted. Understanding the law (and the limits) can help parents make informed decisions.
How to Win Attorney’s Fees in Georgia Divorce Law: 19-6-2 vs. 9-15-14
When Georgia judges award attorney’s fees in a divorce, they usually rely on one of two very different statutes (and sometimes both). Knowing which statute fits your situation can shape your strategy, your evidence, and even your likelihood of recovering (or avoiding) fees. This post explores those two primary paths to obtain a fee award in a divorce, with tips on how to be successful in such a claim.
Pet Custody in Divorce: Should You Include a Pet Parenting Plan?
Dividing property in a divorce can be difficult. But when that “property” has fur, a heartbeat, and a name your children yell every morning—things get personal. At Resurgens Legal Counsel, LLC, we’re increasingly seeing clients wrestle not just over houses and cars, but over the family dog, cat, or even parrot. That’s where the concept of a “pet parenting plan” comes into play.
Uncovering Hidden Assets in a Georgia Divorce: A Strategic Guide
Divorce proceedings in Georgia require both parties to provide a full and honest disclosure of all marital and separate property. But not everyone plays fair. It is not uncommon for a spouse, especially the higher-earning or more financially savvy one, to attempt to conceal assets in order to skew the division of marital property. When this happens, you need to understand the tools available to locate hidden assets and trace the movement of money through financial accounts, businesses, and third-party transfers.