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Cumming Legal Issues Blog

What does an IQ have to do with parenting and child custody?

Does being smart on paper make someone a good parent? Should someone with intellectual disabilities be denied the right to be a parent? These are questions many parents across the country are asking since having their children taken away from them. What does one's IQ have to do with parenting and child custody, and what can parents in Georgia do if it becomes an issue for them?

A couple in another state recently shared their story of losing both of their children to the foster care system after they were declared mentally incompetent to take care of them. With IQs below average, the state determined that the couple was ill prepared to parent their children properly. This decision came after a surprise birth and home inspection. The mother did not know she was pregnant and gave birth at home. The state did a home check before she and her partner could get everything they needed for the baby, so the child was taken from their custody.

Website access-related business litigation

Many company owners in Georgia have websites. It is the way the world is going and it is just good for business -- generally. How one's website is set up really does matter. It needs to be easy to navigate, have a good flow and give a good impression; after all, it may be the only thing a consumer sees before deciding whether to utilize one's services. Preparing the perfect website really is a tall order and can be quite stressful, but getting it right matters as it is possible for consumers to file business litigation claims if it is not.

How can a consumer file legal claims about how a business webpage is set up? It may seem like something that shouldn't or couldn't happen, but is can and it actually has. According to a recent court ruling in another state, business websites are required to include accommodations for disabled individuals. This ruling came as a result of plaintiffs and lawyers trying to expand the Americans with Disabilities Act definition of public accommodation.

Georgia land use and zoning: mixed-use development coming soon

Getting approval to build in an already busy area may not prove easy for developers in Georgia. However, city officials in Atlanta recently approved a site for a mixed-use development. This is a project that has been talked about for over a year. As the development is a mixed-use site, the developer may have had to go through a lot to get land use and zoning approval.

According to a recent news article, developer S.J. Collins received the approval for which he was looking. He plans to turn an 11.5-acre plot of land located at Howell Mill Road and 14th Street into residential rental units, a hotel, office space, townhomes and restaurants. The office space is likely to be used by Georgia Tech and startups coming out of the school -- as Georgia Tech owns the property.

Family business, prenuptial agreement and divorce

Family-owned-and-operated businesses make up 90 percent of all businesses in the United States. That is significant. It is safe to say that numerous Georgia residents are among those who have started or are a part of family-owned companies. What happens to these companies in the event of divorce?

A good chunk of married couples will file for divorce at some point during their unions. Some believe that nearly half of all marriages end in divorce. That number may be slightly exaggerated, but for the most part, it gives a fairly accurate view of how successful most marriages are.

Estate administration mismanaged in Max Hopper case

Every year, numerous Georgia residents have the unpleasant task of closing out the estates of loved ones. When there is no will or other estate planning documents in place, the court may assign a bank or other representative to manage the estate. What can beneficiaries do if they feel that the estate administration is being mismanaged? They can do what the heirs of Max Hopper did and file claims against the executor.

Max Hopper created the reservations system that is currently in use by American Airlines. In the year 2010, he died, leaving behind assets valuing $19 million. Unfortunately, he did not have a will, so JPMorgan Chase & Co. was assigned to manage the estate.

3 tips for avoiding and resolving partnership disputes

Running a business with a partner can be enjoyable and fulfilling. This type of collaboration is common in many organizations and often works well. However, a partnership is not immune to disputes, even if you are in business with a trustworthy friend. 

partnership dispute can quickly turn into a bitter, nasty legal battle with someone you know and trust. Thankfully, you can prevent things from getting out of hand by putting in a little effort and practicing patience. Here are three things you can do to prevent a dispute and resolve one, if necessary.

Forsyth man facing DUI charges

A Forsyth man was recently arrested after striking a police officer with his car. The accused is charged with DUI. This is not the first time he has faced criminal charges.

According to reports, a 44-year-old male was operating his vehicle on Highway 396 in North Forsyth in the early morning hours of Monday, Nov. 6, when he hit a trooper who was out directing traffic. The victim -- a 35-year-old male -- suffered serious injuries and was transported to an area hospital for care. His current condition is unknown.

Trust, taxes and estate administration

Many Georgia residents, while setting up their estate plans, will create trusts in order to keep their assets protected in the event of their death or incapacitation. There are certainly benefits to doing so. It all really depends on what type of trust one creates, as it can affect how things are handled during estate administration, such as taxes.

Generally speaking, there are two basic trust options available. These are revocable and irrevocable trusts. For the sake of keeping it simple, these trusts work for just about anyone who does not have highly specific needs or concerns -- such as a special needs child that needs protecting. 

The main causes for divorce in the United States

Every year, numerous couples in Georgia and across the country will opt to end their marriages. Why? According to a recent report, there are six main causes for divorce in the United States.

At the number one spot is infidelity. Physical and emotional affairs happen. When they do, trust is lost, and it can be really difficult, and in some cases impossible, for the trust to be rebuilt.

What soldiers can teach company owners about business planning

Setting up a business and making plans for its future may sound relatively simple, but is it? Some company owners in Georgia and elsewhere may find that it is anything but. When it comes to business planning, those with the answers may not be business-minded people at all. Instead, they are individuals whose lives literally depend on planning.

Soldiers in the United States Armed Forces live and die by plans and how they are carried out. They may not want to be where they are at, but by having detailed plans in place, it helps them return home to their families. Battlefield planning is akin to business planning in many ways. If not done properly, missions and businesses may fail.

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Miles Hansford & Tallant, LLC
202 Tribble Gap Road Suite 200
Cumming, GA 30040

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