Atlanta, GA Child Custody Lawyer

According to data from the U.S. Census Bureau, more than one-third of Atlanta children reside in single-parent households. Kids in these circumstances often spend time at the residences of both of their parents, even if only one of them has primary custody.

When couples who share kids get divorced, arranging an equitable parenting schedule can become a hostile and contentious process. Adept legal intervention from a member of our team may be necessary to achieve a just and reasonable agreement.

If you need help creating a child-sharing plan to allocate quality time with your kids, consider retaining a seasoned family law attorney. A skilled Atlanta, GA child custody lawyer can provide diligent assistance with arranging a parenting plan that is fair to all involved parties.

Child Custody Basics

There are many popular misconceptions about child custody. One is that mothers have an advantage when family judges make custody decisions. In fact, the Official Code of Georgia Annotated §19-9-3 makes it clear that either parent could receive custody.

Parents should take the time to thoroughly understand the implications of legal and physical custody. They also should think carefully about what forms of custody will work best for their family.

Legal Custody

Legal custody is the right to make important life decisions for your child. The parent with legal custody can choose whether their child goes to public or private school or is home-schooled. They decide what healthcare the child receives, whether the child receives religious instruction or attends religious services, and what extracurricular activities they engage in.

Many parents have joint legal custody. When parents have joint legal custody, they must make these decisions together. Their parenting plan must contain a mechanism describing how they will resolve disagreements.

Sometimes one parent has sole legal custody, meaning they can make these decisions on their own without consulting the co-parent. Although the co-parent has no decision-making authority, they are entitled to be informed of major decisions. A parent without legal custody retains the right to review the child’s education, health, and legal records.

Physical Custody

When a parent has physical custody, the children live in the parent’s home. Arrangements where parents share physical custody are common.

Some parents’ circumstances allow joint physical custody, where the children spend roughly half the time with each parent. When logistics prevent the parents from sharing time equally, one parent typically has primary physical custody, and the other has substantial parenting time. Parenting time arrangements often involve the children spending weekends and school holidays with the co-parent.

Sometimes, a parent believes their co-parent is unable to provide a safe home for the children. In that case, a parent might seek sole physical custody with limited or supervised visitation. A parent who seeks to deprive a co-parent must present compelling evidence showing that the parent or the home the parent lives in poses a risk to the children. An experienced child custody lawyer in Atlanta, Georgia can help a family determine the best arrangement for them and take steps to help them enforce it legally.

What Is Supervised Visitation?

Family courts are reluctant to deprive children or parents of the opportunity to build or maintain a relationship. When a family court judge is persuaded that a child may be at risk with one of their parents, the court can order supervised visitation. Supervised visitation may be an appropriate  response to a parent’s substance abuse or mental health challenges, a history of child abuse, or a child’s unwillingness to be left alone with a parent.

A supervised visitation order requires a responsible adult to be present throughout the visit to protect the interests of the children. They have the authority to intervene if something is not right—this includes the right to bring the children home before a visit begins or end a visit early. All the supervisor’s decisions must be based on the children’s best interests; the supervisor has no obligation to ensure the parent gets their full scheduled parenting time.

Family court orders for supervised visitation are typically subject to periodic review. The intention is that the parent will use the supervised parenting time to learn how to parent their children safely. The supervisor must make periodic reports to the judge, who will use the information when deciding whether continuing supervision is necessary or  could be phased out if the children are no longer at risk.

Selecting a Supervisor

The judge will describe the details of the visitation, including visit frequency and duration, in the order. Typically, visitation occurs at a neutral site rather than at either parent’s home. The supervisor can be a professional like a social worker or mental health counselor, or the parents can agree on a non-professional third-party. The family court judge must approve the parents’ choice when they select a non-professional like a family friend or relative to supervise visits.

A professional supervisor must be paid and the parent who is being supervised is usually responsible for payment. Many professional supervisors work for agencies that provide neutral sites for visits, and there may be a facility use fee. The cost can be a barrier that prevents a parent from spending time with their children and in that case, an Atlanta, Georgia child custody attorney could help a parent develop an alternative plan that might be acceptable to the other parent and the court.

Parenting Plans in Georgia

If an individual is going through a divorce with children or a modification of custody in the state of Georgia, it is required by law to have a parenting plan. While it is possible to find these online, it is typically not in the best interest of the family to simply download a form and check boxes.

Individuals will need to sit down with an Atlanta child custody attorney and work through what is important so that the team can help create a parenting plan that best considers the family’s needs. This should cover travel arrangements, determining when children get to make religion or education decisions, and identifying how the parents are going to talk to each other so that they have a good co-parenting relationship.

Parenting plans also must address child support. Each parent must contribute to the support of the children, even when the parent with primary custody does not need the money. Financial support is the child’s right, and parents cannot waive it. Like most states, Georgia uses a formula to calculate the appropriate amount of child support.

Custody Decisions for the Best Interests of Children

Family courts are required to prioritize the interests of involved children when fashioning a custody order. Per the Official Code of Georgia Annotated §15-11-26, family court decrees must benefit the needs of each child. Ideally, this means the conclusion to a custody case should ensure that the children receive emotional bonding, love, and ties with both parents.

A judge would consider several elements when deciding whether a custody agreement would benefit the children. For example, the ages and interests of the children, as well as the home environments of both parents’ current residences, weigh heavily on a judge’s decision. Fortunately, an experienced Atlanta, Georgia child custody attorney can help parents advocate for their kids’ best interests to a judge.

Custody Wishes of Children

Family courts may allow an older child to have some say in where they want to live. However, the tribunal would have the final deciding power on whether their wishes represent their best interests.

Older children may decide where they want to primarily reside, as O.C.G.A. §19-9-3(a)(5) allows kids aged 14 and older to choose their custodial parent. However, if the court deems that their decision is not in their best interests, it may deny their choice.

Additionally, kids between the ages of 11 and 14 may request to live with either parent. Because of the younger ages of these children, the court could make a temporary order for primary custody that may be revisited after a period of six months. A dedicated child custody lawyer in Atlanta, Georgia may have experience with cases where minors have chosen their primary custodial parent.

Can I Relocate Outside of Georgia with Children?

If an individual is planning to relocate outside of the state, it is considered a material change in circumstances that affects the involved children. This allows for the other parent to ask for a modification of custody. They can seek primary custody so the children stay in the state, or they can seek a long-distance parenting plan. Either way, a messy custody battle could ensue without the proper legal advice.

Alternative Mediation

When former partners cannot agree on a child custody arrangement, the courts can order them to attend alternative dispute resolution under O.C.G.A §19-5-1. Alternative dispute resolutions are sometimes court-sponsored amenities which involve a mediator.

A neutral third party might be able to help an estranged couple resolve contested issues regarding the custody of their children. If parties still cannot agree after a session with a mediator, unresolved child-sharing issues may be decided by a judge.

Appointment of a Guardian ad Litem

Divorce and custody proceedings sometimes become heated. Parents may get so locked into fighting each other that they can no longer prioritize the needs of their children. A family court judge who believes that the children of the marriage need an advocate may appoint a Guardian at Litem (GAL).

A GAL is usually an attorney with special training in advocacy for children in matters that come before a family court judge. Parents typically share the fees for the GAL’s services. A GAL meets with both parents and the children, may speak with other relatives, and could interview teachers, doctors, and mental health professionals, depending on the issues in the case.

When the GAL completes their investigation, they make a recommendation to the family court judge about the results that would serve the children’s best interests. The judge is not bound by the GAL‘s recommendations, but the GAL‘s report is often very influential in the final decision. Our Atlanta, Georgia custody attorneys can advise you about working cooperatively with the GAL and help you resolve any disputes that may arise.

Custody Evaluations

When alternative dispute resolution does not achieve a mutually agreed on custody agreement, the judge may appoint a third party, called a custody evaluator, to make a recommendation. The custody evaluator is a licensed therapist or mental health professional with special training in family law matters.

Each parent must answer a detailed questionnaire and take a psychological test. The evaluator may interview the parents. The evaluator also will observe the parents interacting with the children. When there are issues or allegations regarding child abuse, substance misuse, or mental health challenges, the evaluator may administer additional screenings or tests.

The evaluator submits a report to the judge with their recommendations regarding custody and the reasoning behind their opinion. The judge is not required to accept the evaluator’s recommendation, but it is usually highly influential. An Atlanta, Georgia attorney can help a parent understand what to expect and how to best represent their interests during a child custody evaluation.

Can Child Custody be Modified After a Final Determination?

There are two ways to achieve a child custody modification, and one is much simpler than the other. If an individual is seeking solely to change the timeshare between the parties because it is no longer working for the family or the children, they can consult a family court at any point in time. It is important to convey that it is in the best interest of the children to modify the parenting plan.

The other option is more challenging and involves a material change in circumstance to even have the opportunity to petition family court for a change. This would be the case if an individual wishes to change from joint custody to full custody or vice versa. For example, if a child is no longer doing well in school, a parent could request to be named the final decision maker on education.

Regardless of the particular situation, speaking with a qualified child custody attorney at the Atlanta Divorce Law Group can improve the chances of a favorable legal outcome.

Call a Georgia Parenting Plan Lawyer Today

There are many factors that a couple must consider when they split up, including and especially child custody. A knowledgeable Atlanta, GA child custody lawyer can assist with arranging child-sharing schedules as part of a written agreement. Call today to schedule a consultation with a legal professional skilled in this area of family law.