Section 5 of HB 369 is where the most substantial changes to Georgia law were made in the bill. It affected several existing Code sections and I will address each by reference to the statute it changed or added.
The bill adds a new Code section 19-9-1.1. This statute makes it expressly permissible for the parents of a child to agree to binding arbitration on the issue of child custody and matters relative to visitation, parenting time, and a parenting plan. The parents may select their arbiter and decide which issues will be resolved in binding arbitration. The arbiter´s decisions shall be incorporated into a final decree awarding child custody unless the judge makes specific written factual findings that under the circumstances of the parents and the child the arbiter´s award would not be in the best interests of the child. In its judgment, the judge may supplement the arbiter´s decision on issues not covered by the binding arbitration.
I have to believe that this legislation is a milestone on the road to fairness in this upside down custody process.
I have been in the Gwinnett system for 2.5 years with a custody modification case as a result of the ex-wife’s refusal to mediate when the final order required mediation prior to court action for issues concerning health, welfare, education and religion.
This language in the order appears to be meaningless to the Gwinnett Court system.
The court appointed a GAL after one year in the case at the request of the plaintiffs counsel.
The Fix was in because they all knew each other.( All officers of the Gwinnett Bar Association at one time or another. )
There can be little doubt that I am the finest example of a Father the GAL has seen in her career but when the paycheck gets in the way of integrity the paycheck wins.
When I got divorced 4 years ago my ex and I worked hard to draft an agreement we could both live with, giving each joint physical and legal custody. We got along well for two years. When news of my engagement struck all bets were off.
19-9-1.1 gives the parents a way to capture those warm feelings and desires to compromise during early stages for in due time jealousy and control issues emerge and wreck havoc on the formerly amicable relationship.
Once binding arbitration in locked into the final order the parents are less apt to fight over trivial issues in an attempt to control the other parent. When older women become single it is amazing how controlling over every small detail of the child’s life they can become. Six flags becomes dangerous, rafting becomes extreme, and travel becomes out of the question. Tutors have to be PhD accredited and baby sitters have to be licensed …LOL.
I suggested to the GAL that we should replace the mediation clause with a binding arbitraton clause and she stated that the judges don’t like that. She made a recommendation to the court that that the child is happy but the mediation clause is no good and the child's mother should be the final decision maker to avoid conflict. What a load of BS. When will the GA legislature pass the next milestone and get rid of the GAL for 12-year-old children capable of articulating their desires during an In-camera interview? Great Job for passing 19-9-1.1
Posted by: Gwinnett Victim | September 01, 2008 at 08:17 PM