A Child Custody Lawyer You Can Count On
Child custody can be one of the most challenging aspects of a family dispute. As a parent, you’re deeply invested in what’s best for your children. The uncertainty of a brewing custody dispute can weigh heavy on you and those you love.
When you’re facing these pivotal moments, you want a dependable attorney who brings not only significant legal experience in the realm of Georgia family law but also a commitment to providing clear, actionable guidance.
Kierston is known for her straightforward, level-headed approach to family law. She’s highly skilled and practical, offering a down-to-earth perspective that resonates with her clients. She sets realistic expectations and provides transparent guidance. You can trust her to be a strong advocate for your interests and those of your child, both in and out of the courtroom.
The Basics Of Georgia Custody Law
Georgia law recognizes the importance of children’s welfare, and this principle guides every custody decision.
There are two main types of custody: legal and physical. Legal custody pertains to decision-making authority regarding the child’s upbringing, while physical custody addresses where the child lives. Joint custody is frequently a favorable option, but ultimately, it’s the child’s best interests that determine the outcome.
Factors that influence custody decisions include the child’s relationship with each parent, the parents’ stability and their ability to co-parent in a healthy manner.
The Best Interests Of The Child: Georgia’s Legal Standards
When making physical or legal custody decisions, courts in Georgia focus on the best interests of the child.
This means that the outcome may not necessarily be what the parents or the child would prefer, but it is what the court thinks will be best for the child. To make this determination, they consider factors such as:
- The child’s age
- The child’s emotional relationship with each parent
- The parental roles prior to the separation
- Each parent’s ability to provide for the child’s needs
- The parents’ mental and physical health
- Any connections to the local community or school
- Relationships with extended family members
- Any history of abuse or neglect
- The decision that creates the most stability in the child’s life
Additionally, courts will sometimes consider a child’s own wishes regarding which parent they want to live with, typically if the child is 14 years of age or older.
Parenting Plans In Georgia: What They Mean, What They Include
A parenting plan in Georgia establishes custody rules and steps that the parents will need to take to raise their child, even when they are not in a relationship themselves. Some required elements under Georgia law include:
- An agreed-upon custody schedule
- A visitation schedule, if one parent has primary custody and the other has visitation rights
- Transportation needs pertaining to school and custody exchanges
- Communication tactics the parents will use
- Any special provisions for birthdays, holidays, school breaks and other times that fall outside of the standard schedule
- How key decisions should be made on the child’s behalf, often regarding things like education, religion or health care
Finally, disputes do sometimes arise, so a parenting plan can lay out dispute resolution tactics, which often start with communication and negotiation, but may proceed to litigation if a compromise cannot be found.
Modifications For Relocation With Child Custody
A relocation, especially across state lines, can significantly complicate a custody agreement because the established schedule may not be possible. Prior to moving, it is important for parents to first seek modification of that custody schedule so that they do not violate the other parent’s rights.
Georgia law requires a custodial parent to give 30 days’ notice to the other parent prior to a relocation, and to offer a good-faith reason for the move. Upon receiving this notice, the other parent has a chance to object. If they do, this leads to a court hearing where each side presents evidence in support of their position. The court will then make a decision that is in line with the child’s best interests.
Frequently Asked Questions About Custody And Visitation
Below are a few questions about custody. Please reach out to Kierston for further guidance on custody, parenting time, divorce issues or other family law concerns.
What is split custody?
Split custody is a type of arrangement for parents with multiple children. In it, each parent has custody over different children. It is a less common arrangement; typically, all of the children have the same custody arrangement. However, it may be appropriate in some situations when it serves the best interests of the children involved.
How is visitation determined?
Visitation refers to the ability of one parent to see their children while they’re in the other parent’s custody. Visitation schedules are usually determined as part of the custody arrangement. In cases involving special circumstances like domestic abuse, supervised visitation may be appropriate.
Can a child custody agreement be modified?
In some circumstances, yes. Either parent may make a request to a court for a modification of a child custody order/agreement in response to a significant change in circumstances affecting the child’s well-being.
Get The Legal Support You Deserve
If you’re seeking a child custody agreement or need to discuss visitation rights, reach out to Kierston M. Phillips, P.C. You’ll receive support from a lawyer who’s not just thorough and hard-working but also genuinely invested in securing a positive outcome for you and your children. Call 678-394-0521 today to start the conversation.