Wellness Group for Gay Men Forming Now

Therapist Joseph Holbrooks with the Care and Counseling Center of Georgia will be leading an eight-week support group for gay men beginning Feb. 6 at the organization's Midtown office. The first session is free; future sessions will be $35/each. This is a chance to explore "wellness" from a holistic point of view.

Therapy can be invaluable for anyone who is going through a divorce or break-up. Details are on the flyer or go to www.cccgeorgia.org/counselors.html#Holbrooks

Workshop: "You Only Die Once" - An Overview of Advance Directives for Healthcare and Wills

Join me again this Sunday, January 22, 2012 at 9:30 a.m. at North Decatur Presbyterian Church (Medlock and N. Decatur) where I will be teaching the second of two classes about the legal and medical aspects of death with Emory Hospital Oncology Nurse Nancy Reynics.

Last week, we talked about Georgia's Advance Directive for Healthcare form, what happens if you do not have one, and the importance of choosing someone as your agent who will be assertive when dealing with doctors, to make sure your wishes are followed.

This week, we will finish that discussion and talk about some of the other practical aspects of planning for death: planning for your funeral and getting your affairs in order for probate.

These two sessions are part of an eight-week adult Christian education class sponsored by NDPC. All are welcome, regardless of religious belief, and there is no charge.

Court Observations: Cobb County Superior Court

As part of my family law practice, I regularly watch hearings and trials in the counties where I regularly have cases. This allows me to learn about the skills of my fellow divorce attorneys, but more importantly -- this allows me to learn about the judges I will appear before: what kinds of arguments resonate with them, what their pet peeves are, and what their personalities are like. This, in turn, helps me better advise my clients about how to behave in the courtroom, and gives me insight as to whether a particular judge is likely to respond well to my proposed arguments.

Yesterday I observed a trial in Cobb Superior Court presided over by Judge J. Stephen Schuster. Schuster is an older white guy who lives in Marietta. He went straight through from undergrad at Tulane to law school at UGA, and graduated from law school in 1976. Before becoming a superior court judge in Cobb county, Schuster served as Cobb County Juvenile Court's presiding judge. Juvenile court hearings typically involve abused or neglected children.

The suit was a child custody case involving two parents, divorced 7 years ago, with a 15 year old boy, Tyler. Tyler had been living with his father and new stepmother, but now wanted to live with his more nurturing and more permissive mother. Tyler's stepmother testified that she and Tyler's father limited Tyler's cell phone usage by disabling the phone from working during school hours and late in the evening, to ensure Tyler was not up all night texting. Both parents were upset that Tyler had been caught watching porn on his father's computer -- though Tyler did not seem particularly upset about this, the judge reported.

The case had been dragging out for 18 months, and the Guardian Ad Litem in the case had prepared a report recommending custody remain with the father. At trial, however, after having witnessed Tyler's in-chambers discussion with the judge, the GAL changed his mind.

O.C.G.A. § 19-9-3 sets out the standard for custody. Where a 15 year old makes an election to live with one parent, the presumption is that this request will be honored unless it is not in the best interest of the child. Applying the best interest of the child factors set out in the statute (including the GAL's recommendation), the Judge granted Tyler's request, and changed primary custody to mom.