Common Custody Issues in Alpharetta
Custody cases are usually challenging due to high emotions, complex family dynamics, and the significant impact on all involved, especially the children. Disagreements about parenting plans, relocation, and other factors can lead to lengthy legal battles, requiring careful consideration by the family courts to ensure the child’s best interests.
An experienced divorce attorney can help you address common custody issues in Alpharetta and ensure you understand the specific state laws that govern child custody and parental rights. Our knowledgeable lawyers will work to protect your rights as a parent throughout the custody process, ensuring your voice is heard and your relationship with your child is safeguarded.
What Are Examples of Commonly Disputed Custody Issues?
Child custody disputes often revolve around several common issues. Contested custody cases may take significantly longer to finalize than uncontested cases, and they require a judge’s verdict. When a child reaches the age of 14, they can state a preference for which parent they wish to live with. While this preference carries weight, the court still makes the final decision based on the child’s best interests.
Another common contentious issue arises when the parent with primary physical custody intends to move a significant distance, potentially out of state. The law requires the relocating parent to provide notice to the other parent, and the court prioritizes the child’s stability and continued relationship with both parents. This often requires the relocating parent to demonstrate that the move benefits the child. Life events, such as a new job, remarriage, or changes in the child’s needs, can trigger a request to modify an existing custody order.
A petition for modification requires demonstrating a material change in circumstances and proving that the modification serves the child’s best interests. When one parent repeatedly violates the custody order, the other parent can seek enforcement through the family court, potentially leading to penalties for the non-compliant parent or even a modification of the custody order. Working with an experienced family law attorney in Alpharetta is crucial to navigating both common and complex custody issues and protecting both parental rights and the child’s well-being.
Crafting a Reasonable Custody Agreement
A parenting plan is the centerpiece of any custody arrangement. A skilled Alpharetta attorney can assist with crafting a child custody agreement, whether during a divorce, separation, or legitimation, that addresses the complex legal requirements, common custodial issues, and prioritizes the child’s best interests. Legal custody pertains to parental rights in making important decisions about a child’s upbringing, such as education, healthcare, and religion. In contrast, physical custody refers to where the child resides and who provides daily care.
It is common for Georgia courts to award joint legal custody with one parent designated as the primary physical custodian and the other parent as the secondary physical custodian. This setup means both parents share decision-making authority, but the child primarily resides with one parent. A parenting plan should address several key areas, including:
- Visitation schedules
- Decision-making authority
- Child communication
- Dispute resolution
- Child support
- Parental access to records
The mental and physical health of each parent, their ability to provide a stable home environment, their employment and financial stability, and any history of substance abuse or domestic violence are all factors considered by the family court when determining the child’s best interest as it pertains to custody matters. Georgia courts encourage and often require mediation in custody disputes. Mediation provides a forum for parents to work together and potentially reach an agreement on primary and secondary custody arrangements, thereby avoiding a courtroom battle.
Contact an Experienced Alpharetta Attorney Who Can Help You Address Common Child Custody Disputes
The best interests of the child are the paramount consideration for Georgia courts when deciding common custody issues in Alpharetta. Judges weigh factors such as each parent’s capacity to nurture, provide for, and be involved in the child’s life, as well as the child’s needs, health, stability, and relationship with their siblings.
Our attorneys can develop a personalized legal strategy tailored to your specific situation and advocate for your interests at each phase of your case. Reach out to our team at the Atlanta Divorce Law Group today to request your case consultation.
