4d ago

Who Gets the Final Say? Religion, Education & Parenting After Divorce | Lawyers Without Billboards S2-Ep44

When parents share legal custody, what happens when they simply can’t agree on a major decision involving their child? In this episode of Lawyers Without Billboards, the Shewmaker & Lewis team continues its discussion of final decision-making authority in custody cases. They break down how parents are expected to consult with one another in good faith, what happens when they reach an impasse, and why overly complicated decision-making arrangements can sometimes create more problems than they solve. The conversation focuses on two areas that can become especially important after divorce: religious upbringing and education. From baptisms and competing religious traditions to public versus private school, school districts, IEPs, 504 plans, tutoring, academic programs and even holding a child back a grade, the team looks at the real-world disagreements that can arise when parents have different ideas about what is best for their children. They also examine Hardman v. Hardman, a Georgia Supreme Court case involving final educational decision-making authority and private-school tuition. It’s a cautionary example of why divorce agreements should clearly spell out not only who gets to make a decision, but who may be responsible for paying for it. And because this is Lawyers Without Billboards, somehow the conversation also finds room for horses, snake-handling churches, a 200-year-old fox case and Alexa’s continuing quest to acquire a raccoon. ⏱️ Chapters 00:00 Welcome to Lawyers Without Billboards 03:17 Final Decision-Making Authority Explained 04:16 The Four Major Decision-Making Areas 04:57 Who Gets the Final Say on Religion? 07:50 Good-Faith Discussions & Tie-Breaking Authority 10:24 When Religion Becomes a Custody Issue 18:29 Final Decision-Making Authority in Education 19:20 Public School, Private School & School Districts 20:57 Can Private School Continue After Divorce? 22:39 Hardman v. Hardman 31:07 The Private-School Tuition Lesson 32:39 IEPs, 504 Plans & Other Education Decisions 34:08 Holding a Child Back or Skipping a Grade 35:06 Why Complicated Parenting Plans Can Backfire 36:04 Healthcare & Extracurriculars Are Coming Next 36:26 Foxes, Property Law & Alexa’s Raccoon 🔔 Subscribe for candid conversations about family law, relationships, and the legal system - without the billboards. 🎙️ Hosts: Steve & Patty Shewmaker, Jimmy & Alexa Lewis 🎧 Watch here: https://youtu.be/Dfdtg58X4xw or listen on Spotify, Apple Podcasts, Google Podcasts, and more. 📩 Contact: pshewmaker@shewmakerandlewis.com (770) 939-1939 🌐 Website: https://www.shewmakerandlewis.com 🎧 Podcast Library: https://shewmakerandlewis.com/lawyers-without-billboards 🎼 Music by Ben Hernandez – Dragonsong Productions 🎥 Produced by: Bleeding Edge, Inc. 🎬 Audio & Video Production: Rob Burgner 📍 Recorded at: Shewmaker & Lewis, Atlanta, GA

Oct 22

When DFACS Steps In: Dependency, Juvenile Court & Reunification | Lawyers Without Billboards S2-Ep43

What happens when DFACS gets involved with a family, and when does a parenting problem become serious enough for juvenile court? In this episode of Lawyers Without Billboards, Steve Shewmaker, Patty Shewmaker and Jimmy Lewis welcome Shewmaker & Lewis attorney Tuscan Fairfield to the podcast for the first time. Tuscan breaks down Georgia dependency actions, including how children may be removed from a home, what happens at a preliminary protective hearing, the role of DFACS, and what the state must prove before a child can be found dependent. The team also discusses the strong legal presumption that parents should raise their own children, why juvenile court focuses heavily on reunification, and the kinds of services parents may be required to complete, including substance-abuse treatment, parenting classes, counseling and anger-management programs. They also tackle a difficult question: just because you have the legal right to refuse DFACS entry into your home, is exercising that right always the smartest move? Plus, the conversation takes a few classic Lawyers Without Billboards detours through Pulp Fiction, orphan trains, prohibition, motorcycles, horses and why Tuscan may forever be known as Nebraska’s international man of mystery. In this episode: • What a dependency action is • When DFACS can become involved • Emergency removal of children • Preliminary protective hearings • Parents’ constitutional rights • What DFACS must prove in court • Reunification and rehabilitation plans • Guardians ad litem and child advocates • Why imperfect parenting is not necessarily neglect • When parental conduct falls below the legal “floor” ⏱️ Chapters 00:00 Welcome to Lawyers Without Billboards 00:41 Tuscan Fairfield joins the podcast 02:45 What is a juvenile dependency action? 05:48 What does “dependency” mean? 07:31 How children can be removed from a home 09:42 What legally makes a child dependent? 11:37 The orphan train and the history behind child-protection laws 15:51 From “deprivation” to “dependency” 16:19 Parents’ constitutional right to raise their children 17:07 Preliminary protective hearings 18:27 What DFACS must prove 19:19 Attorneys, guardians ad litem and child advocates 20:37 Reunification as the goal 21:38 Rehabilitation plans for parents 23:28 What causes DFACS investigations? 26:08 Should you let DFACS into your home? 27:29 Not every DFACS investigation becomes a dependency case 30:25 The burden of proof at adjudication 31:39 DFACS and reasonable efforts toward reunification 34:05 Breaking cycles through juvenile court 36:28 Imperfect parents and the legal “floor” 36:53 Final thoughts 🔔 Subscribe for candid conversations about family law, relationships, and the legal system - without the billboards. 🎙️ Hosts: Steve & Patty Shewmaker, Jimmy & Alexa Lewis 🎧 Watch here: https://youtu.be/ZlOpUL79U1k or listen on Spotify, Apple Podcasts, Google Podcasts, and more. 📩 Contact: pshewmaker@shewmakerandlewis.com (770) 939-1939 🌐 Website: https://www.shewmakerandlewis.com 🎧 Podcast Library: https://shewmakerandlewis.com/lawyers-without-billboards 🎼 Music by Ben Hernandez – Dragonsong Productions 🎥 Produced by: Bleeding Edge, Inc. 🎬 Audio & Video Production: Rob Burgner 📍 Recorded at: Shewmaker & Lewis, Atlanta, GA

Oct 15

Pro Bono: The Good, the Bad & the Non-Billable | Lawyers Without Billboards S2-Ep42

What does it really mean when a lawyer takes a case “pro bono”? In this episode of Lawyers Without Billboards, Steve, Patty, Jimmy, and Alexa dig into the rules, rewards, frustrations, and occasional headaches that come with providing legal services for free. The team breaks down what “pro bono” actually means, Georgia’s aspirational 50-hour standard for lawyers, what kinds of work qualify, and the lesser-known concept of “low bono.” They also discuss why taking a case for free doesn’t necessarily make that case any easier. Then they share some of their own memorable pro bono experiences, including a veteran navigating a divorce, a Hague Convention case involving a child taken across international borders, a protective-order case through a VA legal clinic, and Steve’s efforts to help a soldier resolve a years-long military absence. Some pro bono cases leave lawyers wondering why they ever agreed to help. Others remind them exactly why they became lawyers in the first place. Plus: Why there is definitely no “nine cases and the tenth one is free” punch card at Shewmaker & Lewis. In this episode: • What “pro bono publico” actually means • Georgia’s Rule 6.1 and the 50-hour aspiration • What counts as pro bono legal work • The difference between pro bono and “low bono” • Why free clients can sometimes be the most demanding • Real pro bono cases from the Shewmaker & Lewis team • Why lawyers have a responsibility to give back ⏱️ Chapters 00:00 Welcome to Lawyers Without Billboards 00:41 The 5K announcement that came a little too late 02:38 Pro bono: the lawyer’s “dirty word” 03:04 The Pro Bono Pop Quiz 07:00 Georgia’s rules for pro bono legal work 09:04 The 50-hour pro bono standard 13:47 What actually counts as pro bono? 18:46 CLEs and other ways lawyers can give back 21:06 Should every lawyer do pro bono work? 24:01 When working for free goes wrong 26:51 “Low bono” and having skin in the game 29:09 The team shares memorable pro bono cases 29:21 Steve’s contempt case and helping “June” 32:49 Patty’s pro bono divorce case for a veteran 33:56 Alexa’s international Hague Convention case 35:35 Jimmy’s VA legal clinic case 38:40 Other ways lawyers give back 39:13 Steve helps a soldier resolve a years-long absence 42:53 Why pro bono still matters 43:54 Outro 🔔 Subscribe for candid conversations about family law, relationships, and the legal system - without the billboards. 🎙️ Hosts: Steve & Patty Shewmaker, Jimmy & Alexa Lewis 🎧 Watch here: https://youtu.be/4RWFbg_K0-o or listen on Spotify, Apple Podcasts, Google Podcasts, and more. 📩 Contact: pshewmaker@shewmakerandlewis.com (770) 939-1939 🌐 Website: https://www.shewmakerandlewis.com 🎧 Podcast Library: https://shewmakerandlewis.com/lawyers-without-billboards 🎼 Music by Ben Hernandez – Dragonsong Productions 🎥 Produced by: Bleeding Edge, Inc. 🎬 Audio & Video Production: Rob Burgner 📍 Recorded at: Shewmaker & Lewis, Atlanta, GA

Oct 8

Lautenberg Part 2: Domestic Violence and Gun Rights | Lawyers Without Billboards S2-Ep41

In Part 2 of our discussion of the Lautenberg Amendment, the Lawyers Without Billboards team turns from what the law does to the practical question: How can a domestic violence case affect your gun rights, and what can happen before a federal firearms prohibition is triggered? Steve, Patty, Jimmy and Alexa discuss the important differences between criminal domestic violence charges and civil protective orders, how temporary protective orders can affect firearm possession, and why the way a criminal case is resolved can have consequences far beyond the courtroom. The team also digs into diversion programs, dismissals, plea negotiations, and United States v. Hayes, including why the factual basis behind a plea can matter even when the name of the offense does not sound like a domestic violence charge. As always, the discussion comes with an important reminder: serious domestic violence allegations require serious legal attention, and avoiding Lautenberg starts with avoiding domestic violence in the first place. ⏱️ Chapters 00:00 Part 2 begins 01:38 Lautenberg and the Second Amendment 02:48 How do you avoid Lautenberg? 03:09 Criminal convictions vs. civil protective orders 05:14 Protective orders and unintended consequences 08:17 When protective orders expire 10:03 Temporary protective orders 11:39 When prosecutors get involved 13:00 Diversion and dismissal 16:20 The domestic violence threshold 18:50 Ex parte vs. adjudicated protective orders 20:11 Arrests, bonds and military consequences 22:45 Criminal charges and Lautenberg 23:04 United States v. Hayes 25:24 Plea negotiations and alternative charges 28:32 Federal law vs. state law 31:35 State firearm restrictions 33:21 Final thoughts 🔔 Subscribe for candid conversations about family law, relationships, and the legal system - without the billboards. 🎙️ Hosts: Steve & Patty Shewmaker, Jimmy & Alexa Lewis 🎧 Watch here: https://youtu.be/1wFoeFgJMGA or listen on Spotify, Apple Podcasts, Google Podcasts, and more. 📩 Contact: pshewmaker@shewmakerandlewis.com (770) 939-1939 🌐 Website: https://www.shewmakerandlewis.com 🎧 Podcast Library: https://shewmakerandlewis.com/lawyers-without-billboards 🎼 Music by Ben Hernandez – Dragonsong Productions 🎥 Produced by: Bleeding Edge, Inc. 🎬 Audio & Video Production: Rob Burgner 📍 Recorded at: Shewmaker & Lewis, Atlanta, GA #LautenbergAmendment #GunRights #DomesticViolence #DomesticViolenceLaw #FamilyLaw #ProtectiveOrder #SecondAmendment #CriminalLaw #GeorgiaLaw #LawyersWithoutBillboards #ShewmakerLewis

Oct 1

Courtroom Objections Part 3: Who’s Telling the Truth? | Lawyers Without Billboards S2-Ep40

When two people walk into court with completely different versions of what happened, how does a judge decide who to believe? In Part 3 of our courtroom objections series, the Lawyers Without Billboards team tackles character evidence, credibility, relevance, and the rules that determine what a court should and shouldn’t hear. We break down when a witness can testify about someone’s reputation for truthfulness, why specific bad acts usually can’t be used simply to prove bad character, and how cross-examination can sometimes open the door to evidence that otherwise wouldn’t come in. The conversation also covers relevance in family law, including why something that happened years ago may have little bearing on the case today, plus objections involving misstating testimony, assuming facts not in evidence, and questions that aren’t being asked in good faith. Then we get into Rule 403 and the balancing act between evidence that is genuinely probative and evidence that may be unfairly prejudicial, cumulative, confusing, or misleading. Plus, the team shares a few courtroom stories, including gruesome crime-scene evidence, a defendant posing with guns, and why lawyers sometimes need to cross-examine their own clients before anyone ever gets near a c ⏱️ Chapters 00:00 – Welcome to Lawyers Without Billboards 00:41 – The New Georgia Family Law Book 03:53 – Courtroom Objections Part 3 04:20 – Improper Character Evidence 07:01 – When It Becomes a “Swearing Contest” 08:43 – Character Witnesses and Truthfulness 10:05 – Cross-Examining a Character Witness 11:59 – Reputation and the Hearsay Exception 13:06 – What Counts as Relevant Evidence? 14:08 – When Old Misconduct Stops Mattering 16:38 – Why Lawyers Cross-Examine Their Own Clients 17:45 – Legal Advice From Family, Friends…and ChatGPT 20:06 – Misquoting Witnesses and Misstating Evidence 23:15 – Rule 403: Probative Value vs. Unfair Prejudice 24:23 – When Evidence Is Too Prejudicial 27:58 – The “Jesse James” Gun Photo 30:28 – Coming Up: Privilege 31:25 – Closing 🔔 Subscribe for candid conversations about family law, relationships, and the legal system - without the billboards. 🎙️ Hosts: Steve & Patty Shewmaker, Jimmy & Alexa Lewis 🎧 Watch here: https://youtu.be/dbctyPG_2m8 or listen on Spotify, Apple Podcasts, Google Podcasts, and more. 📩 Contact: pshewmaker@shewmakerandlewis.com (770) 939-1939 🌐 Website: https://www.shewmakerandlewis.com 🎧 Podcast Library: https://shewmakerandlewis.com/lawyers-without-billboards 🎼 Music by Ben Hernandez – Dragonsong Productions 🎥 Produced by: Bleeding Edge, Inc. 🎬 Audio & Video Production: Rob Burgner 📍 Recorded at: Shewmaker & Lewis, Atlanta, GA #LawyersWithoutBillboards #CourtroomObjections #FamilyLaw #GeorgiaLaw #Evidence #CharacterEvidence #LegalPodcast #TrialLaw #ShewmakerAndLewis

Sep 24

When Divorce Meets Bankruptcy with Guest Shayna Steinfeld | LWB S2-Ep39

What happens when a divorce settlement collides with bankruptcy law? Bankruptcy attorney Shayna Steinfeld joins Steve, Jimmy, and Alexa to unpack the surprisingly complicated intersection between family law, debt, property settlements, support obligations, and bankruptcy. Shayna explains why a divorce decree may determine obligations between former spouses but does not necessarily prevent a bankruptcy trustee or creditors from pursuing assets later. The conversation covers everything from jointly owned homes and business debt to indemnification clauses, Chapter 7 versus Chapter 13, and the difference between a property settlement and an obligation considered “in the nature of support.” They also discuss practical ways family lawyers can better protect clients when drafting settlement agreements, what happens when one spouse files bankruptcy after divorce, and why bankruptcy issues often require specialized counsel. Along the way, Shayna shares her path into bankruptcy law, her experience as one of the relatively few attorneys working at the intersection of bankruptcy and family law, and how her career developed during a time when women were still significantly underrepresented in legal practice. ⏱️ Chapters 00:00 – Introduction 00:41 – Meet bankruptcy attorney Shayna Steinfeld 03:28 – World War II history, travel, and books 05:21 – A Family Lawyer’s Guide to Bankruptcy 06:00 – Shayna’s bankruptcy practice and specialties 07:02 – When business debt and divorce collide 09:43 – How bankruptcy courts view divorce settlements 11:05 – Can a trustee claw back property transferred in divorce? 13:38 – Does indemnification protect a spouse? 15:55 – Chapter 7 vs. Chapter 13 and property settlements 17:18 – A real-world contempt and bankruptcy problem 18:41 – Is “in the nature of support” language enough? 21:35 – Drafting divorce agreements with bankruptcy in mind 22:51 – When family lawyers should call bankruptcy counsel 24:04 – Shayna’s career and professional accomplishments 25:15 – Women entering the legal profession in the 1980s 27:40 – What happens when a former client files bankruptcy? 29:59 – Can attorneys protect their own unpaid fees? 31:05 – Why every lawyer needs trusted referral relationships 31:51 – World War II travel and what’s still on Shayna’s bucket list 32:44 – Closing thoughts 🔔 Subscribe for candid conversations about family law, relationships, and the legal system - without the billboards. 🎙️ Hosts: Steve & Patty Shewmaker, Jimmy & Alexa Lewis 🎧 Watch here: https://youtu.be/s9_on2FKaSc or listen on Spotify, Apple Podcasts, Google Podcasts, and more. 📩 Contact: pshewmaker@shewmakerandlewis.com (770) 939-1939 🌐 Website: https://www.shewmakerandlewis.com 🎧 Podcast Library: https://shewmakerandlewis.com/lawyers-without-billboards 🎼 Music by Ben Hernandez – Dragonsong Productions 🎥 Produced by: Bleeding Edge, Inc. 🎬 Audio & Video Production: Rob Burgner 📍 Recorded at: Shewmaker & Lewis, Atlanta, GA

Sep 17

From Diaries to Deathbed Statements: The Exceptions to Hearsay | Lawyers Without Billboards S2-Ep38

Hearsay is one of the most misunderstood concepts in the courtroom, but the rule comes with a long list of exceptions. In this episode of Lawyers Without Billboards, Alexa, Steve, Patty and Jimmy dig into the hearsay exceptions lawyers actually use, from present sense impressions and excited utterances to medical statements, recorded recollections, property records, ancient documents and even deathbed statements. The team also talks about how these exceptions show up in real family law cases, why admissibility and credibility are two very different things and why good trial lawyers should always assume the other side is going to object. And yes, somehow diaries, light bulbs and 20-year-old emails all make an appearance. ⏱️ Chapters 00:00 Welcome to Lawyers Without Billboards 00:59 Hearsay Exceptions: Why They Exist 02:37 Georgia’s Two Hearsay Exception Statutes 03:41 Present Sense Impression 06:20 Present Sense Impression vs. Excited Utterance 08:44 Existing Mental, Emotional or Physical Condition 11:21 Statements for Medical Diagnosis or Treatment 13:15 Recorded Recollection and Diaries 14:13 When a Journal Is Created for Litigation 16:57 Records of Vital Statistics 17:58 Religious Records and Certificates 19:01 Ancient Documents 20:39 Using Old Financial Records in Divorce Cases 22:21 Property Records and Real Estate Documents 22:59 How Trial Lawyers Prepare for Hearsay Objections 26:02 Prior Criminal Convictions 27:40 When the Declarant Is Unavailable 28:59 Former Testimony 29:09 Dying Declarations 29:28 Statements Against Interest 30:33 The Bottom Line: Assume They’ll Object 30:47 Closing 🔔 Subscribe for candid conversations about family law, relationships, and the legal system - without the billboards. 🎙️ Hosts: Steve & Patty Shewmaker, Jimmy & Alexa Lewis 🎧 Watch here: https://youtu.be/bmQSc27RZEQ or listen on Spotify, Apple Podcasts, Google Podcasts, and more. 📩 Contact: pshewmaker@shewmakerandlewis.com (770) 939-1939 🌐 Website: https://www.shewmakerandlewis.com 🎧 Podcast Library: https://shewmakerandlewis.com/lawyers-without-billboards 🎼 Music by Ben Hernandez – Dragonsong Productions 🎥 Produced by: Bleeding Edge, Inc. 🎬 Audio & Video Production: Rob Burgner 📍 Recorded at: Shewmaker & Lewis, Atlanta, GA

Sep 10

Is Child Support Unconstitutional? Lawyers Debunk the Internet Myth | Lawyers Without Billboards S2-Ep37

Can child support really be unconstitutional? According to some corners of TikTok, Instagram and the internet, the answer is yes. There’s just one problem: that isn’t what the law says. In this episode of Lawyers Without Billboards, Steve, Patty, Jimmy and Alexa dig into one of the stranger child support claims circulating online: that a Minnesota Supreme Court case supposedly ruled child support unconstitutional. Patty explains what the case actually decided, why the claim has been badly distorted online and how misinformation can turn into very expensive legal trouble when people try to use it in a real courtroom. The team also takes a look at a $279 “child support discharge” packet complete with courtroom scripts, “living man” language and arguments that sound suspiciously familiar to the sovereign citizen world. They also discuss: • Where child support laws came from • What the Minnesota Supreme Court actually ruled • Why child support itself was not declared unconstitutional • Whether child support can be legally “discharged” • Why internet legal scripts can backfire badly in court • Common misconceptions involving VA disability and child support • Why people often search online for the answer they want instead of the law that actually applies If you’ve ever seen a reel, video or website promising a secret legal loophole that makes child support disappear, this episode is worth a listen. ⏱️ Chapters 00:00 Welcome to Lawyers Without Billboards 00:51 Is child support unconstitutional? 02:45 Where did child support come from? 03:52 Child support and English canon law 05:21 The origins of child support enforcement 06:36 Child support enters federal law 07:25 The Minnesota Supreme Court claim 09:05 Holding vs. dicta 10:58 What the Minnesota case actually said 12:36 The internet’s courtroom “magic words” 12:52 The $279 child support discharge packet 15:30 Why the discharge packet won’t work 16:28 Reading the courtroom script 19:04 Child support is constitutional 20:47 The danger of online legal misinformation 21:39 VA disability and child support myths 23:03 Asking ChatGPT if child support is constitutional 24:20 Searching for the answer you want 25:01 Final takeaway 🔔 Subscribe for candid conversations about family law, relationships, and the legal system - without the billboards. 🎙️ Hosts: Steve & Patty Shewmaker, Jimmy & Alexa Lewis 🎧 Watch here: https://youtu.be/bmQSc27RZEQ or listen on Spotify, Apple Podcasts, Google Podcasts, and more. 📩 Contact: pshewmaker@shewmakerandlewis.com (770) 939-1939 🌐 Website: https://www.shewmakerandlewis.com 🎧 Podcast Library: https://shewmakerandlewis.com/lawyers-without-billboards 🎼 Music by Ben Hernandez – Dragonsong Productions 🎥 Produced by: Bleeding Edge, Inc. 🎬 Audio & Video Production: Rob Burgner 📍 Recorded at: Shewmaker & Lewis, Atlanta, GA

Lawyers Without Billboards

Who Gets the Final Say? Religion, Education & Parenting After Divorce | Lawyers Without Billboards S2-Ep44

When DFACS Steps In: Dependency, Juvenile Court & Reunification | Lawyers Without Billboards S2-Ep43

Pro Bono: The Good, the Bad & the Non-Billable | Lawyers Without Billboards S2-Ep42

Lautenberg Part 2: Domestic Violence and Gun Rights | Lawyers Without Billboards S2-Ep41

Courtroom Objections Part 3: Who’s Telling the Truth? | Lawyers Without Billboards S2-Ep40

When Divorce Meets Bankruptcy with Guest Shayna Steinfeld | LWB S2-Ep39

From Diaries to Deathbed Statements: The Exceptions to Hearsay | Lawyers Without Billboards S2-Ep38

Is Child Support Unconstitutional? Lawyers Debunk the Internet Myth | Lawyers Without Billboards S2-Ep37

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Lawyers Without Billboards

Episodes

Who Gets the Final Say? Religion, Education & Parenting After Divorce | Lawyers Without Billboards S2-Ep44

When DFACS Steps In: Dependency, Juvenile Court & Reunification | Lawyers Without Billboards S2-Ep43

Pro Bono: The Good, the Bad & the Non-Billable | Lawyers Without Billboards S2-Ep42

Lautenberg Part 2: Domestic Violence and Gun Rights | Lawyers Without Billboards S2-Ep41

Courtroom Objections Part 3: Who’s Telling the Truth? | Lawyers Without Billboards S2-Ep40

When Divorce Meets Bankruptcy with Guest Shayna Steinfeld | LWB S2-Ep39

From Diaries to Deathbed Statements: The Exceptions to Hearsay | Lawyers Without Billboards S2-Ep38

Is Child Support Unconstitutional? Lawyers Debunk the Internet Myth | Lawyers Without Billboards S2-Ep37

Ratings & Reviews

About

Information