There are often custody questions from new clients because there's a lot of misinformation about child custody. Plus, each state law varies significantly or subtly on child custody. For Georgia cases, let's provide the right information so you can make smart, informed decisions about your child and your unique situation.
If you still have questions or want more specific information about your child custody matter, contact Smith Legal Solutions today either by using our online form or calling us directly at (404) 595-1998.
What is the most common child custody arrangement in Georgia?
Child custody arrangements vary from family to family and state to state. There are several arrangements that are more popular than others, including legal custody, physical custody, sole custody, joint legal custody, and sole legal custody. Of these, joint legal custody is the most common custody arrangement. This is where both parents are involved in the decisions regarding how their child is raised.
If we were never married, do I still need a custody order in Georgia?
The answer to this question depends on your end goal. If you are seeking to establish any rights to the child, including custody, visitation, or child support, paternity does need to be confirmed and the child should be legitimated. Most states hold that when a child is born out of wedlock, the mother has sole custody unless a court has held otherwise in an order.
How is child custody determined in Georgia?
In most Georgia counties, when the parents of a child are able to agree on a child custody arrangement, the court will issue an order that confirms the terms of the agreement. When the parties are unable to reach an agreement on their own, they may have to attend mediation to see if that helps. When all else fails, the court will hear the matter and issue an order the parties must abide by in the event parents cannot come to a consensus. The court will consider testimony, the report of a court-appointed guardian (if one is appointed) that is looking out for the best interest of the child, and other evidence when deciding child custody. The best interest of the child is always the criteria the court uses in these decisions.
What's the difference between legal and physical custody?
When a parent has physical custody, they actually have the child physically placed with them. This is the parent that lives with the child and takes care of their everyday needs. One parent may have primary physical custody while the other has secondary physical custody. When a child splits their time with both parents, a joint physical custody arrangement exists.
A parent who has legal custody is the one allowed to make important decisions about the child, including decisions regarding the child's medical care, education, extracurricular activities, and religious upbringing. Joint legal custody may be awarded to both parents so that they both have input in making these important decisions for their child.
Does custody primarily go to one parent in Georgia?
This is an incorrect assumption many people make. The answer is “no.” The truth is that by law, there is no party that is presumed to have the rights of custody over another. In Metro Atlanta, the courts award custody based on what it feels is in the best interests of the child. That can be with the mother, the father, or even a third party in certain circumstances.
The courts always consider the evidence and the best interest of the child to be of paramount concern.
Do I need a child custody lawyer in Georgia?
It's really up to you if you want to invest in a lawyer to advocate for you interests. Child custody laws are nuanced and mistakes are ill affordable because the custody, wellbeing, and safety of your child is at stake.
In many cases, parents mutually agree on child custody arrangements, and so that makes the matter easier. Some custody cases are highly contentious. Having a family law attorney advise you on what's fair (or not) is beneficial in either aspect.
Contact a Child Custody Lawyer in Georgia Today
If you need help with a child custody case, contact Smith Legal Solutions. We'll advise you of your rights and guide you through the process. Contact us online or at (404) 595-1998 to schedule a Free 15-minute telephone consultation. .
