In an initial custody dispute between the parents over the custody of a minor child, the sole question to be determined is what is in the best interests of the child. This question can only be answered by a judge, as Georgia law prohibits juries from determining custody matters. Essentially, there are no boundaries as to what a judge may look at in determining a child’s best interests, as the law provides that the judge may consider “any relevant factor.”
If you have watched any television over the holiday season, you have undoubtedly been subjected to the seemingly never-ending barrage of jewelry commercials portraying husbands and boyfriends surprising their wives and girlfriends with fine rings, bracelets, necklaces, etc. Of course, the jewelry companies are hoping to convince their male audience that the answer to happily ever after lies in their ability to give their significant other a perfect (and hopefully expensive) piece of jewelry. What the jewelry companies don't worry about is this¦who gets to keep the jewelry if things do not work out as expected? In 2009, I was involved in several cases where I had to answer that question.
The three most common scenarios that could lead to a dispute over who gets to keep expensive jewelry that was given as a gift during the course of a marital or premarital relationship are as follows:
Stearns-Montgomery & Proctor is proud to announce that founder Mary Stearns-Montgomery has been recognized as one of Georgia Trend magazine's 2009 Legal Elite.
Each year, Georgia Trend magazine polls thousands of Georgia attorneys, asking them to nominate their peers for Georgia Trend's roster of the state's Legal Elite attorneys selected as the most effective in 11 different practice areas. The Legal Elite attorneys are then featured in the magazine's December issue.
In the seven years that Georgia Trend has published the Legal Elite list, Mary has been chosen three times for the Legal Elite Family Law practice area.