Special Needs Trust and Georgia Divorce
We recently had a case that went all the way to the Georgia Supreme Court. It was a divorce where the spouses had substantial assets and had been married more than 20 years. What made this case unique was that their child, still a minor, had a rare genetic disorder that resulted in multiple special needs, including cerebral palsy, sleep disorders, and temperature dysregulation. This situation made the issues of visitation and child support particularly complex. The child could not leave the marital home for visitation, and her financial needs far outweighed what was available through the traditional child support guidelines.
At trial, we successfully argued to the judge that the child required additional financial support. In addition to the normal child support obligations, the court ordered the creation of a special needs trust.
The Georgia Supreme Court upheld this ruling, allowing for the creation of the special needs trust on top of the child support. Our client was able to receive the extra financial support she needed to take care of her child.
Georgia Adoption Success Story
Our clients were foster parents in Georgia who had cared for a particular child for more than three years. The Georgia Division of Family and Children Services (DFCS) gave the biological mother and father opportunity after opportunity to reunite with their child, but they failed to meet the DFCS standards. However, DFCS was unwilling to terminate their rights as parents, which prevented our clients from adopting the child. Through many sensitive conversations and careful planning, we were able to secure surrenders and releases for adoptions from both the biological mother and father. Then we could move forward with the adoption.
We helped our clients by getting adoption assistance from the State to help cover legal fees and expenses. Through carefully filed pleadings and motions, we bypassed several of the normal hurdles in a Georgia adoption case, including home studies and putative father registry searches. We succeeded in fast-tracking the adoption in six months, something our clients had tried to achieve on their own for more than three years. Now, they’re able to focus on their life and their future—together—as a family.
The Marietta divorce lawyers at Bivek Brubaker & Prescott have years of experience helping clients with divorces, custody agreements, and parenting plans that work best for the kids. You’ll work with one of our highly qualified partners rather than a junior associate. Move beyond the Georgia divorce myths and contact us today at 470-663-9404.