Types of Custody in Alpharetta

Determining child custody is often one of the hardest and most stressful parts of a separation or divorce. When you and your ex-spouse do not agree about one or more issues that arise during the custody proceedings, these disputes can become extremely complex.

If you are facing a contested custody situation, it is best to seek help from a child custody attorney. Our team at the Atlanta Divorce Law Group can explain the types of custody in Alpharetta and help you develop a plan that advocates for what you want.

What Are the Two Main Types of Custody in Divorce Disputes?

The two main types of custody that arise in Alpharetta cases are legal and physical custody. Legal custody gives a parent the right to make important decisions about how to raise their child. This includes choices about where to educate their child, what types of medical care they may receive, and even what religious practices they can participate in. Physical custody dictates where the child or children may live most of the time. When the Georgia court issues an order about physical custody, it may also include additional details, such as a visitation schedule for the non-custodial parent and any arrangements for holidays, birthdays, and other special events.

Georgia family law influences how the court may make custody decisions, even if you and your partner were not married. Based on this guidance and the evidence presented in the case, a court may grant one parent sole legal and physical custody. This means that the children may live with just one parent who also has the legal right to make all the important decisions about their lives. However, in other cases, Georgia courts may be flexible in splitting up the two different types of custody.

Joint Physical Custody

In a joint custody arrangement, children divide their time living with each parent for defined periods. This can involve spending the school year with one parent and the entire summer with the other or alternating a few nights a week between homes. These arrangements are often most effective when both parents remain in the same general vicinity.

Joint Legal Custody

Joint legal custody can be awarded even when one parent has sole physical custody, particularly if the non-custodial parent is physically unable to reside nearby but desires significant involvement in parenting decisions. This arrangement is most effective when parents can communicate productively about their children’s lives despite their separation.

At the Atlanta Divorce Law Group, we can help you effectively navigate these issues and advocate for a joint or sole child custody arrangement that fits what is best for your family.

Split Custody Arrangements and Third-Party Custody

Sometimes, if parents have more than one child, the court may decide to issue a split-custody arrangement. In this situation, one parent may get legal and physical custody of one child while the other parent gets the same for the other child or children. For example, if a family has three children with two in elementary school and one in high school, the court may award custody of the older child to the father. This way, the father can continue to stay in the same high school district for the older child while the mother receives custody of the younger children.

If there are indications that neither parent should get full custody, at least for the time being, the court can also grant custody to a third party, usually a grandparent or other relative. Sometimes, a third-party custody arrangement is temporarily issued while divorce proceedings are ongoing to provide stability for the children.

Split custody and third-party custody decisions can make the process even more complex. A child custody attorney in Alpharetta can determine the likelihood of these sorts of issues coming up and advise you about how to proceed with them.

Call an Alpharetta Child Custody Attorney To Learn More About the Kinds of Custody

Since custody is such a critical issue in a divorce, you need a trusted attorney on your team to advocate for you and your wishes. At the Atlanta Divorce Law Group, our attorneys focus on these issues every day. If you are facing a custody battle or modification, reach out to our firm to learn more about the types of custody in Alpharetta from a member of our team today.