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Barring criminal issues, such as neglect or abuse, both parents have the right to child custody. In Georgia, when parents get a divorce, file for separate maintenance, break up, or can’t agree on their child custody issues, a judge will determine the most appropriate child custody arrangement for them. The judge’s priority when determining issues concerning children is the best interests of the children.
Whether you are going through a divorce or separation and need assistance with child custody arrangements, you can count on our family law attorneys for sound legal advice. We will do whatever’s necessary to find the best possible solutions to your custody concerns and ensure they align with your child’s best interests.
Once a custody order takes effect, it will stay in effect until it is modified or the child turns 18. Parents who violate any condition of the custody order could face legal consequences. However, life’s constantly changing circumstances can sometimes make it difficult to precisely follow the conditions of a child’s custody order.
Fortunately, either parent can request a modification of the child custody order. But before a judge agrees to the modification, the parent requesting it must clearly prove that a significant change in their circumstances will affect their child’s life and that the modification is in the best interest of their child. Georgia has two types of child custody: legal and physical.
The parent awarded legal child custody can make crucial life decisions on behalf of their child. For instance, they can decide what kind of non-emergency healthcare their child will receive, where they go to school, and what religion they practice. Judges prefer to award joint or shared legal custody to parents.
Physical child custody refers to where the child should live. When judges decide which parent should have physical custody, they must consider what’s best for the child. Factors they must consider include each parent’s relationship with the child, any history of neglect, abuse, or substance issues, and which parent can give the child a safe environment.
A judge may award physical custody to only one parent or both parents. Unless the judge awards one parent sole physical custody, the court may require that the parents submit a parenting plan. This plan specifies what each parent must provide for the child to ensure emotional and physical stability. The judge will review the parenting plan to determine the child’s best interest and create a custody order.
Whether you are in the middle of a child custody battle with an antagonistic ex-partner, need to request a modification, or need guidance with any child custody issue, our child custody lawyers in Commerce, GA, have your family’s best interests at heart. They can thoroughly evaluate your situation, listen to your worries and preferences, and determine the possible child custody arrangement tailored to your case.
To learn more about what our Commerce child custody lawyer can do for you, call 770-887-1209 or complete our online form to schedule your consultation.