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Eric J. Garber

Eric J. Garber

Founder of Eric Garber Law, LLC and Of Counsel at Hamil Little, P.C.
  • Family Law, Divorce, Estate Planning...
  • Georgia
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Summary

Eric J. Garber is an attorney serving the Augusta, Georgia community (Burke, Columbia and Richmond Counties) primarily in family law-related matters (adoption, divorce, paternity/legitimation, child custody/support, alimony, contempt, modification, guardianship, prenuptial agreements, appeals and domestic violence. Eric's practice areas also include Estate Planning (Wills, Trusts, and Estates), Business/Commercial Law, Landlord/Tenant Law, and General Civil Litigation. Eric's devotion to personal attention and promoting a tailor-fit global resolution that focuses on not only his client's best interests, but also the best interests of his client's minor children, set him apart from other lawyers. As well, Eric's diverse experience and education help him provide well-rounded legal advice that takes into account all issues and factors that may have an impact on his client.

Practice Areas
  • Family Law
  • Divorce
  • Estate Planning
  • Personal Injury
  • Business Law
  • Health Care Law
Fees
  • Free Consultation
    Free 20-minute telephone consultation.
  • Contingent Fees
    Contingent fees are prohibited in family law cases by the laws of the State of Georgia, but I am more than willing to consider them in other practice areas where it serves the best interests of my clients.
  • Rates, Retainers and Additional Information
    I typically charge an hourly rate between $100.00 and $200.00 per hour based on the client's ability to pay and the type of matter being handled.
Jurisdictions Admitted to Practice
Georgia
Languages
  • English: Spoken, Written
Professional Experience
Current
Associate Attorney
Coleman, Chambers, Rogers & Williams, LLP
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Represented clients in numerous family law actions involving divorce, child custody, child support, alimony, modification, contempt, family violence and stalking protective orders, paternity/legitimation, and adoption throughout the Northeast Georgia area, including Barrow, Dawson, Forsyth, Gwinnett, Habersham, Hall, Jackson, Stephens, and White county; Drafted pleadings, motions, discovery, and proposed orders as well as prepared and negotiated settlement offers and agreements in a diversity of family law actions of varying status, contention and import; Appeared and advocated on behalf of clients in hearings and trials, conducted and defended depositions, and guided clients through various forms of alternative dispute resolution.
Associate Attorney
Wargo & French, LLP
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A mix of commercial litigation, real estate litigation, real estate transactions, corporate transactions & business law, including: preparing and negotiating manufacturing, purchase/reseller/sale/lease, services, staffing and licensing agreements on behalf of clients in the communications, chemical manufacturing, finance, food service, healthcare, and hospitality sectors; preparing legal instruments and memorandum and otherwise advising clients in corporate, real estate, and other transactional matters, including state and federal lending and securities regulation, freedom of information legislation, public disclosure and privacy policy regulation, property liability, warranty of title, and insurance coverage disputes, among others; preparing organizational documents, operating agreements, and related corporate documents; Analyzing national cable company's 100+ television network affiliation agreements regarding tier, placement, and other carriage requirements and prepared draft reports summarizing same for executive review; Drafting and negotiating building leases, build-out and improvement agreements, title memorandum, and other real estate- related documents for intentional fast food chain and international fashion retailer; Assisting in an international fast food chain in the sale of over 200 of its U.S. locations to local franchisees, including drafting and negotiating the relevant ground/building leases and subleases for such franchised locations; representing financial institutions, government-sponsored entities, and other commercial clients from inception through settlement and appeal in state and federal litigation; Preparing and pursuing numerous title insurance claims for financial institutions, government-sponsored entities, and other commercial clients from initial title research through restitution.
Education
The University of Georgia School of Law
J.D. / Law (2012)
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Honors: Magna Cum Laude; Order of the Coif; Cumulative GPA of 3.70; Ranked 20th out of 232 in Class of 2012; American Academy of Matrimonial Lawyers (Georgia) Custer-Tuggle Award for Excellence in Family Law; In-State Tuition-Equalization Scholarship; Marion Smith Scholarship; Dean & Virginia Rusk Scholarship
Activities: Georgia Law Review Board Member – Editorial Board 2010-11, Managing Board 2011-12; Corporate Counsel Externship – Medical College of Georgia Office of Legal Affairs; Research Assistant, Prof. Thomas Eaton & David Mustard, The Status of Tort Reform: S.B. 3 Four Years Later; Research Assistant, Prof. Timothy L. Meyer, The Architecture of International Energy Governance; Teaching Assistant, Associate Dean Paul M. Kurtz’s Fall 2010 “Criminal Law I” course; Editorial Assistant, Prof. Margaret V. Sachs’ Securities Litigation and Enforcement, 3rd ed., West 2011; Public Interest Practicum – UGA ASPIRE Multidisciplinary Clinic; Vice President of Student Animal Legal Defense Fund, UGA Law Chapter, 2010-12; Protect Athens Music 2012 Conference & Clinic Committee Chair
University of Florida
B.S. / Business Economics (2008)
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Honors: Summa Cum Laude; Overall GPA of 3.96; Core GPA of 3.98; Anderson Scholar of High Distinction
Activities: Honors Thesis, "The Effectiveness of Controlling Truancy Rates and Dropout Tendencies through Legislation Conditioning Driving Privileges on High School Enrollment"
Awards
Custer-Tuggle Award for Excellence in Family Law
American Academy of Matrimonial Lawyers (Georgia)
Inductee
Order of the Coif (University of Georgia School of Law)
The Order of the Coif is an honorary scholastic society, the purpose of which is to encourage excellence in legal education by fostering a spirit of careful study, recognizing those who as law students excelled in their studies and honoring those who as lawyers, judges and teachers attained high distinction for their scholarly or professional accomplishments.
Anderson Scholar of High Distinction
University of Florida
This award is the highest recognition bestowed on students for their first two years of course work, and is a true mark of academic distinction for UF students.
Professional Associations
Age Friendly Augusta's Advisory Board
Member
Current
Friends of the Augusta Library's Advisory Board
Member
Current
Georgia Trial Lawyers Association
Member
- Current
State Bar of Georgia # 655208
Member
- Current
Websites & Blogs
Website
Eric J. Garber's Hamil Little Profile
Website
Hamil Little Website
Website
Eric Garber Law Website
Legal Answers
45 Questions Answered

Q. Is there a right that I can refuse visitation rights to my ex-husband due to his sexual behavior and his male candidate
A: In addition to Ms. Rice's answer, you may have grounds for a contempt action if your ex-husband's boyfriend has been staying overnight when the child is visiting your ex-husband IF your currently-active custody order/parenting plan prohibits overnight stays by non-family members during visitation. I highly recommend you speak with an experienced family law attorney in your area before you take any action, so they can review the facts of your case and further advise you.
Q. Can I fire my attorney and represent myself in an ongoing CS modification order?
A: You can terminate your attorney's representation of you at any time, but as Ms. Rice has stated, you may end up doing more harm than good. Make sure you know the law and have your arguments prepared before you step out on your own.
Q. Do I get back pay on child support owed to my mother while I was her dependent?
A: Most likely not. The money was for your benefit, but was to be given to your mother to spend on you. Basically, as a result of your father not paying child support, your mother had to pay additional funds out of her own pocket (that should have been coming out of your father's pocket, instead). As a result, your mother's action for contempt against your father for his failure to pay child support is simply your mother seeking recompense for the money that she is owed from your father. There may be some specific fact in your case, however, that might change this analysis; as such, I highly recommend that you speak with an experienced family law attorney in your area to discuss the specifics of your case and see if you are owed anything.
Q. I would like to get legal guardianship of my niece with consent of her mother. Father can't be found. How do I do this?
A: You seem to have a basic understanding of the process, but the devil is in the details. Basically, you will apply to the Juvenile Court in your area for a temporary guardianship of your niece (temporary only in the sense that it could be set aside by yourself or the biological mother/father in the event that there is a change of circumstances, not in the sense that there is a pre-set termination date). This will require you petitioning the court for said guardianship and obtaining the consent of both the biological mother and the biological father. If you cannot find the biological father, you will need to prove the same to the court and will then need to serve the father via publication. If the biological father still does not respond, then you will most likely be granted the guardianship via default. Understand, however, that this is a very complicated area of law, and I HIGHLY recommend that you speak with an experienced family law attorney in your area and seek their assistance in doing things the right way; one slip up could be disastrous for the child involved.
Q. I pay cs on 2 children now one has opted to live with me (13 yr old) how does that effect cs payment
A: It is most certainly worth court process. You need to formalize your custody arrangement; if you do not, the other parent can rip the child away from you at any point. As well, you need to establish the other parent's child support obligation - just because she isn't working does not mean that she does not need to help support the child financially. I highly recommend you speak with an experienced family law attorney in your area to help you determine the best course of action after they have reviewed the details of your case.
Q. My son turns 14 next month and has asked to come live with me.Can the mother stop it if the court can not find me unfit?
A: If the child signs the acknowledgment and it is not against the child's best interests to live with you, you will most likely receive custody. The other parent can contest your request for modification of custody, but it sounds like you will be successful either way. Child support will not necessarily stop - the court will need to calculate the appropriate child support award for both children under the Georgia Child Support Guidelines (i.e., your child support obligation to the child that is living with the other parent, and the other parent's child support obligation to the child that is living with you); to the degree they offset one another, you will not need to pay child support. For example, if the judge calculates you owe a support award to the other parent of $1000.00/month and the other parent owes you a support award of $500.00/month, you will only have to pay $500.00/month (and the other parent will not have to pay anything). Please understand that this is not a cut-and-dry calculation nor is it a simple legal action, and thus I highly recommend you speak with an experienced family law attorney in your area to discuss the specific facts of your case and how the law is likely to apply to you.
Q. Me and my spouse are married but living separated. Can I legally take my daughter and not return her to her mother?
A: It depends on whether a formal custody order has been entered. If a custody order has been entered, you must abide by the terms of said custody order; if you want to change that custody order (so that you would have primary custody of the child), you will need to file an action to change the custody arrangement. If a custody order has NOT been entered (i.e., you had the child together, one of you moved out of the marital residence, but neither you or your spouse ever went to court and obtained a formal separation/custody order), then you and your spouse have equal rights to the child and either party may take the child without needing the permission of the other party. However, it is important to not appear to be kidnapping the child, so avoid doing anything suspicious (like removing your child from the state where your spouse lives, refusing to let your spouse talk to the child, or let your spouse know where the child is located), as it sounds like this matter will eventually bubble-over into a divorce and you do not want to look like a bad person in front of the judge when it comes time to make decisions regarding who should be the primary custodian. I'd highly recommend that you speak with an experienced family law attorney in your area prior to taking any action, so that they can advise you of your best course of action after reviewing the specific facts of your scenario.
Q. Can a non-custodial parent be court-ordered to seek employment?
A: No, but the non-custodial parent can be found to have been intentionally underemployed/unemployed. Whether the non-custodial parent is intentionally underemployed/unemployed is a factual question that the Judge will have to determine, based in part upon the non-custodial parent's past/present employment, their education/training, and whether underemployment/unemployment is reasonable under all relevant circumstances (such as if the non-custodial parent is unemployed/underemployed due to work-availability issues, higher education enrollment, health issues, etc.). If the non-custodial parent is indeed found to be intentionally underemployed/unemployed, the Court may base their child support obligations on the income that they SHOULD be earning, as opposed to what they are actually earning. This is a very complicated area of law, however, and you should seek advice from an experienced family law attorney in your area to get a better understanding of the law's application to your specific factual scenario.
Q. I want to give my aunt custody of my child that I have never taken care of,where should i go?She wants custody,too.
A: You can either give your Aunt a guardianship of your minor child (which is temporary in nature and can be revoked with court approval), or she can adopt your child (which is permanent in nature and not revocable). Either way, these are both complicated matters with which you should speak to an attorney in your area that is experienced in family law matters.
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Hamil Little
Augusta Office
Enterprise Mill
1450 Greene Street
#3600
Augusta, GA 30901
USA
Telephone: (404) 685-1662
Fax: (404) 685-1663
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#2840-B
Atlanta, GA 30309
USA
Telephone: (404) 685-1662
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