When you are splitting from your partner and you have children, custody is a big question. You may be worried about how this is all going to work out. You know that the court is going to do what is best for your child, but hiring one of our Georgia child custody lawyers is going to make this easier on you in the long run. Call us today!
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First, note that Georgia is not going to make a call based on favoring either the mother or the father, in terms of giving custody to one over the other. Most people assume that mothers are favored, which is not true. The court is going to do what is best for the child or children. There are two forms of custody that the court will deliberate on:
Physical custody is exactly as it sounds. It is going to be the parent who physically has the child under their roof. Both parents can have physical custody shared, or it can be sole physical custody to one parent.
Legal custody is different in that it is mostly regarding decision making. If you have legal custody, you are responsible for making decisions about the child’s healthcare, religion, sports, education, etc.
The court will be able to grant custody in both regards either entirely to one parent or shared between the two. There are cases where one parent has primary custody and has the children visit with the other parent on a scheduled basis. They might go to their non-custodial parent’s on weekends. Or there are some cases where the children will go between two houses based on daily decisions made by the primary custodial parent.
It would be nice if both parties could come to their Georgia child custody lawyers with an agreement they have already discussed together, but that is a best case scenario, and not everyone is going to experience that. The judge will decide it for you in that case, if you cannot agree between the two of you.
The judge will consider the following:
You and the other parent are absolutely allowed to agree independently on custody together before making it into a legal agreement; if you cannot decide between yourselves, however, the judge is going to make the call. It is not going to be based on who wants what, but on what the best interest of the child is.
Some circumstances that can sway the decision is if one parent has historically been abusive, if a parent has a history of drug use, or if a child over the age of 14 has a preference regarding with whom they would reside.
If you have questions, please call our Georgia child custody lawyers right away.
Before custody is done, paternity should be established, if it has not been already. There are a few days paternity is established in Georgia:
There are four ways customdy can typically turn out:
If you get primary custody, you are going to be the parent who has the child most of the time. That might mean you have them just over half the time, or it can mean they spend their time with you 100% of the time.
If you get joint custody, you are going to share the physical custody with the other parent. There will likely be equal time spent with each parent.
If you end up with split custody that is sometimes a scenario when there are two or more children you had with the other parent. One person may be the custodial parent for at least one of the children, while the other has custody of the other children.
If you get sole custody, you are the permanent custodial parent of the child as per the court order.
This is a challenging time. We want to help you get through it. It is not easy for anyone to go through a child custody battle. Our Georgia child custody lawyers want to make this a bit easier for you. Call us today to set up a consultation.
“Hall & Navarro Law Firm is the best law firm you will find!! Mrs. Hall, Mrs. Navarro and Mr. Hall are very professional and will bend over backwards to help you in anyway they can! There is no doubt that their clients come first and that they care for them!! Hall & Navarro is the only law firm I will ever use!!!!!”
– Jane Smith
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