4th of July Parade Viewing with O’Dell & O’Neal

    

Every year we invite the public to join us in watching the 4th of July Parade. Our office is located in the heart of downtown Marietta, an ideal spot to watch the parade. We also had complementary donuts, snow cones, parking and beverages for everyone to enjoy. We had a great crowd for 2018 and can’t wait to host again next year!

Annual 4th of July Viewing Party

Come join O’Dell & O’Neal for the annual 4th of July parade viewing.

Biscuits & Beverages provided!

Roads close at 9:30. Parade begins at 10:00.

Free parking. First come/First Served. Remember to bring your chairs and blankets!

“I Can’t Find The Will! What To Do If The Will Is Lost” by Leslee Hungerford

Many times, the original will of a decedent cannot be located. However, an estate can still be probated even in the absence of the original will. In Georgia, if a will cannot be found there is a presumption that it was revoked by the testator (the individual who executed the will). This presumption may be overcome and a copy of the original will can be admitted to probate. Overcoming the presumption of revocation may be achieved by showing that the will was destroyed or lost after the testator died. The individual offering the copy of the Will may offer circumstantial or direct evidence to rebut the presumption that the will was revoked. Testimony from individuals who witnessed the execution of the original will are most helpful in this endeavor.

 

 

 

 

Welcome, Abbey!

We are pleased to introduce our summer intern, Abbey Bartolick! Abbey grew up in Cobb County and graduated from Allatoona High School. She is currently a Junior at Gonzaga University, where she is studying Economics. After graduating with her B.A., Abbey hopes to continue on to law school. We are happy to have her at O’Dell & O’Neal!

“Grandparent’s Rights to Visitation” by Alyssa Blanchard

O.C.G.A. §19-7-3 governs visitation for family members.  Family members in this statute is defined as grandparents, great-grandparents, or siblings. O.C.G.A. §19-7-3(a)(1).  As a grandparent, you have the legal right to exercise visitation with your grandchild.  Grandparents can file an original action seeking visitation or intervene in a pending action where the issue of custody, divorce of the parent(s), termination of parental rights, visitation or adoption is before the court. O.C.G.A. §19-7-3(b)(1)(B).

As a grandparent, the court may grant you visitation if it finds by clear and convincing evidence that the health and welfare of your grandchild would be harmed unless you are granted visitation and if the best interests of your grandchild would be served by such visitation. O.C.G.A §19-7-3(c)(1).  When considering whether the health and welfare of your grandchild would be harmed, the court shall consider and may find that harm to your grandchild will likely result when prior to bringing an action for visitation, your grandchild lived with you for six months or more, you provided financial support for the basic needs of your grandchild for at least one year, you had an established pattern of regular visitation or child care with your grandchild or “any other circumstance exists indicating that emotional or physical harm would be reasonably likely to result if such visitation is not granted.” Id.

There is a rebuttable presumption that if you had a preexisting relationship with your grandchild, he may suffer emotional injury that is harmful to his health if your grandchild is denied any contact with you or is not provided some minimal opportunity for contact with you. O.C.G.A §19-7-3(c)(3).

For some grandparents, exercising visitation with their grandchild is not as simple as calling to make arrangements with a parent.  If you are among the many grandparents who are being denied access to their grandchildren contact an attorney today to learn more about your specific rights to visitation with your grandchild.