Most parents understandably want a custody arrangement that guarantees the most amount of time with their children. As such, child custody issues can often be contentious and difficult, especially in the middle of an already complex divorce.
If you have a child custody issue in Georgia, contact a Buckhead child custody lawyer for assistance. Our team is familiar with handling a wide variety of custody issues, and an experienced family law attorney at our firm can review your situation and inform you of all possible routes to take in your unique situation.
Courts usually decide child custody issues during or shortly after a permanent separation or divorce. At this point in a case, a Buckhead court would decide which parent has physical custody or whether both parents should share custody. Decisions regarding legal custody, which means the right to make decisions about the child’s education, healthcare, and religion are also made at this time.
Ideally, parents work together to establish workable custody arrangements. They negotiate how much time the children spend with each parent, set a schedule, work out transportation arrangements, and decide how the parents will manage decision-making authority. They describe their agreement in a parenting plan, which they submit to the court.
Fulton County family court judges must evaluate the parenting plan based on the children’s best interests. Even when parents agree, the family court judge will conduct an independent evaluation. A Buckhead attorney can ensure you understand the factors the judge reviews when deciding custody matters and help you craft your parenting plan accordingly.
Georgia’s custody laws are gender-neutral. The Official Code of Georgia 19-9-3 requires family court judges to prioritize the children’s best interests when deciding custody.
The family court judge has broad discretion to decide which factors are most important when weighing custody matters. The judge can look at the stability of each parent’s home, the relationship between each parent and each child, and the capacity of each parent to meet each child’s needs.
The judge can consider almost anything they deem relevant to assessing which parent can best promote the child’s welfare and happiness. A skilled Buckhead attorney can present a parent’s custody goals in a way that demonstrates that they meet the children’s best interests.
Sometimes parents cannot agree on custody issues. Fulton County family courts encourage parents to work with a mediator to resolve custody matters. When mediation is unsuccessful, each parent must provide a proposal to the court stating their desired parenting arrangement.
Family court judges often appoint a guardian ad litem or custody evaluator to help them in custody disputes. These professionals investigate the parents’ homes and relationships with the children. They then make a recommendation to the court about the arrangement they believe serves the children’s best interests.
Parties also have the option to agree to binding arbitration on any or all child custody issues, according to the Official Code of Georgia Annotated §19-9-1.1. During arbitration, parents have the right to select their own arbiter and determine which issues will be resolved. However, they must abide by the arbiter’s decision. A court would then decide on any remaining issues.
If either parent suspects the other of child abuse or neglect, they or their Buckhead custody attorney could file a motion which contains specific recitations of any acts that have harmed the child or affected the child’s general welfare, according to O.C.G.A. §19-9-4.
A judge would then direct the appropriate agency, such as The Department of Children and Family Services, to investigate the allegations before deciding on custody arrangements for the child. If the investigation determines that one parent may pose a potential danger or threat to the child, the judge may reduce or even eliminate that parent’s ability to see or visit the child.
Judges rarely prevent parents from having any contact with their children. Instead, they try to craft a solution that allows the parent and child to maintain a relationship while preserving the child’s health and well-being.
Many parents who do not receive physical custody of their child receive visitation rights instead, but as previously mentioned, a court may have concerns about whether such rights are in the child’s best interests. However, under O.C.G.A. §19-9-7, a court may still permit a parent who has committed child abuse or other acts of family violence to visit their child under certain conditions.
For example, the court may only allow supervised visitation or require the parent to pay a bond for the safety of the child. The court may implement other restrictions depending on the situation, such as:
Restrictions are typically temporary, until the parent can demonstrate that they can responsibly supervise their child.
A judge also has the power to order the offending parent to complete a family violence intervention program. Those who need further information about visitation restrictions may wish to call a child custody attorney in Buckhead as soon as possible.
A family court judge’s custody order reflects their opinion on what serves the children’s best interests at the time. As time passes, a different arrangement may be more appropriate. A parent can request a modification anytime they can show there has been a substantial change in circumstances that merits a new custody agreement.
When parents agree on a change, they can work with a Buckhead custody attorney to revise their parenting plan and submit it to the court. The family court judge will again evaluate whether the plan supports the children’s best interests, and if so, will modify the custody order by adopting the revised plan.
If parents disagree about a change, the matter is handled like other custody disputes. Each parent will submit their preferred parenting plan, and the judge may appoint a third party to evaluate each parent’s home.
Most parents who face child custody issues have many questions, such as how child-sharing arrangements work and how much parenting time they may be able to have. A skilled Buckhead child custody lawyer can sit down with you and provide you with the information you need.
Your attorney can review your current situation and advise you on possible custody arrangements, always with the goal of helping you obtain the arrangement that you and your family deserve. For help with child custody matters, call today to schedule an initial meeting with our team.