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Cumming Legal Issues Blog

Georgia man facing DUI and other charges

An incident in March resulted in a Georgia man being arrested in Forsyth County. This gentleman is facing DUI and other charges. If convicted, the consequences in this case may be quite severe. 

According to a recent news report, on March 22, police were called to a neighborhood to investigate an accident that involved a man who was allegedly impaired. When authorities arrived, they talked to a witness who said the driver of a black Pontiac ran over trash cans and a mail box, and drove across a yard before coming to a stop. This all happened while he was allegedly attempting a U-turn.

Georgia probate: Protecting your children

You and your spouse are young and still have small children at home. Your life is busy, and you don't want to think about what will happen to your children if you and your spouse were to die unexpectedly. The problem with not thinking about it is, instead of your kids going to someone you know and trust in the event such a tragedy does occur, they will likely end up in the state system for a while until everything can be sorted out in Georgia probate court. 

Estate plans are not just for older adults. They are not just about protecting and dividing assets. They are about protecting yourself, your spouse, your children and your assets. They are about giving direction to loved ones so that nothing is lost in all the confusion and chaos that can occur when trying to close out an estate. 

Georgia business litigation: construction liens

Commercial construction is big business in Georgia. Unfortunately, it is not without its issues. When things are not going well at a construction site, and when the property owner is failing to live up to his or her end of the deal, legal steps may need to be taken to deal with the matter. This is where a business litigation attorney may be able to help. 

Construction workers do not have easy jobs. Their work is physically demanding, and they often have to deal with clients who are indecisive. When construction workers are doing what they are supposed to be doing but are then not compensated fairly or as agreed, they may take action to collect the money owed to them. One way to do this is through construction liens. 

Business litigation or mediation -- which would be better for me?

Whether you've been in business for a while or are just getting started, at some point you may find yourself facing a legal matter that simply cannot be ignored. Some such matters may require that you go to court to get resolution, but others may not have to be taken to that extreme. So, business litigation or mediation -- which would be better for your Georgia-based business?

At the end of the day, how you resolve your problem depends on the details of the matter and with whom you are dealing. Sometimes letters and negotiation sessions are enough to resolve the issue -- regardless of which side of the matter you find yourself. Mediation has been found to be an effective way to resolve business issues, whether they be simple or complex. 

What can divorce mediation do for you?

Splitting up with one's spouse is difficult in a number of ways. Many people are not interested in fighting things out in court, but they do have things that they need to work out before they can finalize the divorce process. Georgia residents looking for a better way to get through the dissolution process may find mediation is a great fit. 

What is mediation? A couple who chooses this process agrees to attend negotiation sessions in a neutral setting with an unbiased third-party there whose job is to help each party stay focused on what they are trying to achieve. Mediation is good in that it can:

  • Cost less than the traditional divorce process
  • Minimize conflict
  • Result in a divorce settlement that each party deems fair and is mutually agreed upon

How do I establish paternity in Georgia?

If you are a father who was not married to your child’s mother at the time of his or her birth in Georgia, it is possible that you have no legal rights to your child and that your name does not appear as father on his or her birth certificate. In Georgia, only married couples are the presumed parents of their children. Other fathers such as you must establish paternity.

Per Georgia law, you can establish paternity of your child by one of the following three ways:

  • Marry your child’s mother prior to the birth
  • Sign a Voluntary Paternity Acknowledgment form when your child is born or shortly thereafter
  • Obtain a court order designating you as your child’s father

Is business planning really that important?

There are a lot of people in Georgia who are the "flying by the seat of my pants" kind of people. They take things one day at a time and make decisions on the fly. This is all well and good for some things in life. When it comes to the future of one's business, though, it may not be for the best. Business planning really is an important part of owning and operating a successful company.

Business planning is about setting goals and describing how you plan to achieve them. Where do you see your business five or 10 years from now? What steps are you going to take to get there?

Georgia child custody: things to know

When separating with one's significant other or going through a divorce, figuring out the best situation for the children can be a bit daunting. It is not always easy for parents to remain objective during such a trying time. At the end of the day, according to Georgia child custody laws, the final custody arrangement has to be one that is deemed to best serve the affected child or children's interests.

There are those parents who are able to come to child custody terms without going to court. Others, though, find that they need court intervention to figure everything out. Those who find themselves facing a court hearing over child custody can help themselves by learning a little bit about the process.

What tests do police use to check for suspected DUI?

In Georgia and elsewhere, if a person is suspected of driving under the influence of drugs or alcohol, police will likely ask him or her to take part in what are called field sobriety tests. These tests check a person's physical and cognitive abilities. Failing any of these tests could result in a DUI charge.

Those who are not familiar with field sobriety tests themselves may only think of things they have seen on television or in movies -- such as saying the alphabet backward or holding arms out and touching the pointer finger to the nose. The truth of the matter is, while there are many tasks an officer could ask one to perform, there are only three standardized field sobriety tests that are recognized under the law. These are the one-leg stand, the horizontal gaze nystagmus and the walk and turn.

Not uncommon for subcontractors to deal with contract disputes

In the construction industry, subcontractors are often utilized, as their specific skill-sets are needed to complete certain projects. Contracts are created, subcontractors are hired and the work gets done. Unfortunately, some subcontractors find that their contracts are not upheld, and they do not get paid as agreed. Individuals in Georgia who find themselves dealing with contract disputes do not have to deal with the problem all alone.

You did your job. You did it well. Now you are not getting paid. This may be considered a breach of contract on the offending party's side, and you may have legal recourse.

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Miles Hansford & Tallant, LLC
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Cumming, GA 30040

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