Atlanta Area Child Custody Lawyers

Marietta, Georgia Family Law Firm

Child custody is often the most contested issue in a divorce. While each parent typically has their own idea about how custody should be handled, Georgia family courts aim to build a custody plan that is in the best interest of the child. There is no presumption favoring either the mother or the father. The legal standard regarding custody in Georgia is what is in the best interest of the child.

From 2013 Georgia Code, (O.C.G.A. § 19-9-3(d).)
(d) It is the express policy of this state to encourage that a child has continuing contact with parents and grandparents who have shown the ability to act in the best interest of the child and to encourage parents to share in the rights and responsibilities of raising their child after such parents have separated or dissolved their marriage or relationship.

Types of Child Custody

There are two main types of child custody: legal and physical custody.

Physical Custody: Physical custody refers to which parent the child lives with. Physical custody is usually shared in Georgia, however one parent is typically designated as the primary physical custodian while the other parent receives secondary physical custody. Many people assume that the mother of the children is automatically chosen as the primary physical custodian. While that is true is a great number of cases, it is based on whoever was typically the primary care giver during the marriage. The point being, there are cases where the father can be designated as the primary custodian as well.

Legal Custody: Legal custody refers to who makes decisions about "matters affecting the child's education, health, extracurricular activities, religion and other important matters". Again, barring extraordinary circumstances, Georgia family law courts tend to lean towards sharing legal custody.

Determining a Parenting Plan

When shared custody arrangements are made, the family law courts in Georgia require a parenting plan to be prepared either individually by each parent, or they can jointly submit a parenting plan. A parenting plan includes a number of issues that need to be addressed including:

• Legal and Physical Custody
• Day-to-Day Decisions
• Major Decisions
• Disagreements & Resolution
• Parenting Time / Visitation Schedules
• Major Holidays and Vacation Periods
• Transportation Arrangements
• Additional Details to proactively resolve possible conflict

Child Custody Modifications

After the custody or child support matters are settled, modifications may be appropriate based on the circumstances of either parent. One parent moving, getting a new job or re-marrying can require that the custody arrangement and parenting plan are re-visited. If you believe that your custody arrangement needs to be updated, please contact out office so that we can provide guidance on how to move forward.

Contact Us Today

A solid child custody arrangement can make all of the difference in the world both in getting through the divorce, beginning your new life, and most importantly, minimizing the effects of the divorce on the children. If you are considering divorce, or need guidance on child custody matters for any reason, rely on the experienced and effective counsel of the attorneys at Huff & Woods. To take the first step, contact us online or call our office at 770-429-1001.