If you are a parent going through a divorce, you are likely concerned about determining a custody schedule. However, disagreements with your ex-spouse may make visitation and parenting matters difficult to settle alone. Our legal team is experienced in navigating these types of cases and can help you pursue a positive outcome.
At our firm, we recognize that nothing is more important than your child’s well-being. Discussing your options with a knowledgeable Cherokee County child custody lawyer can help prepare you for legal proceedings and ensure that your parenting rights are protected.
In every child custody case, a local family court must address both legal and physical custody. It is essential to understand each type of custody to successfully navigate the process of drafting a child-sharing schedule.
Legal custody is the authority to be included on making important medical, educational, and religious decisions for a child. Most parents share joint legal custody but there will need to be a designated final decision maker.
In rare cases, a parent may be awarded sole legal custody, which does not require them to communicate about decisions affecting the child or children with the other parent. An experienced attorney can explain each parent’s specific rights and responsibilities under a joint or sole legal custody arrangement in Cherokee County.
Physical custody defines where the child primarily resides. There are many different types of parenting plans, and it can be as unique as the needs of the family. However, if there is a child abuse conviction, untreated substance abuse disorder, or other circumstances that make it dangerous for a child to be in one parent’s care, the other parent could be granted sole physical custody. In some cases, the family court may award visitation to the noncustodial parent with certain restrictions, such as required supervision by a neutral third party.
If parents cannot agree on a custodial arrangement for their child, a court must determine custody based on the child’s best interests. Under the Official Code of Georgia Annotated § 19-9-3, certain factors must be considered when making this decision, including but not limited to:
Additionally, a child who has reached age fourteen may sign an election indicating which parent they want to live with and the Georgia Court’s will consider that a “presumption” that is in the best interest of the child. A seasoned member of our legal team can further explain these factors and their significance for Cherokee County parents seeking child custody.
Other circumstances may complicate a child custody determination, such as:
A well-practiced lawyer can further explain the impact of each of these scenarios on a Cherokee County child custody case.
When your relationship with your child is at stake, it is essential to have skilled legal counsel. A Cherokee County child custody lawyer can explain the custody determination process, assist you in gathering evidence, and assertively present your case in family court. Contact our firm today to speak with a member of our team.