Alpharetta Child Custody Lawyer

When couples divorce or co-parents separate, they must make many important decisions and resolve critical matters. Few issues may bear greater significance than the subject of child custody.

If you live in Alpharetta or the city’s neighboring suburbs and are concerned about the custody of your child/children, an Alpharetta child custody lawyer can provide valuable advice. A family attorney who understands the highly personal nature of these concerns can answer your questions and address your concerns.

How Is Child Custody Determined?

Georgia courts will consider the best interests of the children when determining who gets custody. One factor they consider is whether the parent seeking primary custody can facilitate a relationship between the children and the other parent. However, many other factors are unique to each individual family.

As an attorney can attest, in accordance with state law, an Alpharetta family court may award sole custody to one former spouse or joint custody to both ex-partners. In addition, custody can be categorized as physical custody, which refers to where the child lives, and legal custody, which enables parents to render important life decisions pertaining to the minors in question such as decisions regarding education, medical issues, the religious faith the children will be raised in, and travel.

Moreover, minor children 14-years-of-age and older may have the liberty to choose which parent they would like to live with. However, a court may decide against the child’s wishes if the legal body determines that awarding the other parent custody would be in line with the child’s best interests.

Factors That May Impact These Decisions

In addition to a child’s personal views, a court may consider several other factors, including:

• The age of the children in question
• Which parent is the better choice to provide basic primary care
• Each parent’s criminal record
• The mental health of both parents
• Drug or alcohol abuse by either parent
• Each spouse’s financial and employment stability
• The home environment provided by each parent

A person’s individual circumstances may bring additional factors into consideration. An Alpharetta child custody attorney can help determine whether other issues may be worthy of debate.

Is There an Age Where Children Can Choose Where They Want to Live?

There is a common misconception that children at a certain age can choose where they want to live. That is not necessarily true. Here in Georgia, a child who is age 14 or older may sign an affidavit of election choosing to live with one parent over the other or jointly with both parents.

Family law states that a child’s affidavit is a presumption that it is in the child’s best interest, and presumptions can be overcome with sufficient evidence. It is important to talk to an experienced attorney when a child submits an affidavit to determine whether evidence exists that could overcome the child’s wishes.

Sometimes, spouses draft pre and postnuptial contracts before or after they are officially married. These legally-binding documents enable spouses to set forth guidelines regarding how specific aspects of their divorce should occur. However, prenuptial and marital agreements cannot resolve custody issues. Custody decisions can be made only at the time of separation based on the children’s best interests.

Developing a Parenting Plan

According to the Official Code of Georgia §19-9-1, parents living separately must create a parenting plan. The parenting plan must cover specific child-related issues such as:

• Which parent will decide the type of schooling, healthcare, and religious training the child/children should receive;
• If parents share decision-making authority, how they will resolve disputes between them;
• Which parent will provide certain necessities such as health insurance;
• The financial responsibilities of each parent;
• How the parents will share custody of the children;
• How the parents will manage transporting the children between their homes;
• How visitation rights will be governed if one parent is not awarded physical custody.

Ideally, the parents work together to create a parenting plan that reflects the needs of their family. When they cannot agree, each must develop a plan and submit it to the judge. A Family Court judge determines all final child custody decisions and must do so in accordance with the children’s best interests. Having a trusted child custody lawyer who is familiar with the local Alpharetta laws is vital.

Seeking Sole Custody

Sometimes, a parent wants sole custody and seeks to limit the co-parent’s contact with the children. The law favors children having substantial contact with both parents and a parent wishing to deny or limit a co-parent’s access must prove that contact with the co-parent is contrary to the children’s best interests.

A Family Court judge might consider awarding sole custody when a parent is experiencing active substance abuse or mental health problems, has a history of child abuse, or is unable to provide a safe home for some other reason. The parent who seeks to limit access must prove the co-parent poses a risk to the children.

Even when a parent proves the other parent should not have physical custody of the children, Family Court judges typically try to preserve access to the children. The court may order supervised visitation, which allows the parent and children to spend time together while another responsible adult observes and ensures the children’s safety and well-being. A member of our Alpharetta family law team can explain how supervised visitation might work in a specific child custody case.

Resolving Custody Disputes

When parents cannot agree on custody, a family court judge may appoint a custody evaluator to help them decide. The evaluator is a neutral third party who assesses the environment in each parent’s home and the children’s needs. The evaluator then makes a recommendation to the judge.

The judge can appoint a custody evaluator on their own initiative or either parent could request an evaluation. Depending on the family’s needs and the issues that prevent the parents from agreeing, the evaluation can be comprehensive or focus on a narrow issue or question.

The judges need not follow a custody evaluator’s recommendation, but they often carry substantial weight. Our Alpharetta attorneys can explain what the custody evaluator will be looking for and help a parent prepare.

What Does it Take to Terminate Parental Rights?

Terminating parental rights is a serious action. It is not done easily, nor is the decision taken lightly because it takes away both the rights and the responsibilities for the child from a parent. Children lose the opportunity to develop a relationship with their parent, which can have long-term psychological consequences for them.

There are three ways to terminate someone’s parental rights:

• Physical or financial abandonment for a period of over one year;
• A murder conviction of the other parent; and
• A finding of parental misconduct.

A petition to terminate parental rights usually comes from the Division of Family and Children Services, although a parent might bring an action in some circumstances.  These scenarios are typically handled through the juvenile family court and require the help of an Alpharetta child custody attorney.

What Rights Do Fathers Have When It Comes to Child Custody?

Our team often gets asked about fathers’ rights and gaining custody of their children. Fathers have equal rights when it comes to child custody. This includes both legal and physical custody. Legal custody includes final decision-making power in certain areas. Physical custody refers to who the children are going to be living with, either primarily or jointly.

Why Contact a Lawyer?

Child custody may become an emotional, if not contentious issue between parting spouses. The prospect of no longer living with children or potentially losing the close-knit relationship a parent has with their kids may lead to certain parents making snap, emotionally-charged actions that could prove detrimental to all concerned parties.

An Alpharetta attorney can help parents avoid that pitfall by reviewing the case and helping them formulate rational, unemotional strategies designed to increase the chances of finding the best child custody arrangement possible. One way a lawyer can help accomplish this task is by highlighting why a parent should remain an integral part of their child’s life.

Consult With an Alpharetta Child Custody Attorney Today

There are many important issues parting spouses must resolve. That said, child custody may be one of the most critical. The decisions may have a significant impact upon both the former spouses and their child’s life.

A compassionate Alpharetta child custody lawyer understands the significance of these proceedings and can help create a plan that will consider the best interests of the children and parents. Call today to learn more.