Most parents cannot imagine not being able to talk to, or see, their children on a daily basis. Unfortunately, some parents have this exact problem due to lack of custody rights following a divorce.
Fortunately, though, parents can petition for new or modified custody rights. If you live in Georgia and would like to explore your options for doing so, get in touch with a Cobb County child custody lawyer for more information and a consultation. A capable family attorney from our team who is familiar with state custody laws can analyze your case and provide customized recommendations on what to do next.
Child Custody Plans
In every case where child custody is at issue, state law requires both parents to submit a parenting plan, according to Official Code of Georgia §19-9-1. If both parents agree on a plan, they may submit a joint plan to the court. If they do not, they may each submit a plan or agree to binding arbitration to settle any custody or visitation issues, according to O.C.G.A. §19-9-1.1.
Under O.C.G.A. §19-9-1, parenting plans must usually include the following:
- The times and locations the child would be in each parent’s care;
- How special occasions would be spent;
- Allocation of decision-making authority regarding the child’s future; and
- Any limitations for either parent contacting the child.
In deciding child custody arrangements, courts consider the parenting plans and the best interests of the child. Parents who need help creating a parenting plan should call a Cobb County child custody attorney for information and advice.
Visitation Rights and Restrictions
As part of a child custody determination, a local family court may order that a parent has visitation rights while the other parent has physical custody. Visitation time may be unsupervised or supervised.
Generally, supervised visitation is appropriate for parents that have certain types of criminal convictions. For example, under O.C.G.A. §19-9-7, a court may allow visitation rights for a parent convicted of family violence if:
- The visitation is supervised by another person or agency;
- The exchange of the child is done in a protected setting; and
- The parent pays for any costs associated with supervision.
Review of Child Custody and Visitation Orders
Under O.C.G.A. §19-9-3, either parent may petition a court for modifications in their child custody and visitation rights once out of every two-year period. The petitioning parent — or their child custody attorney in Cobb County, if they have one — must show that there has been a change in the material circumstances of either parent or of the child. For example, a parent may be able to modify their custody arrangement or visitation schedule after obtaining a different job that allows them to spend more time with their child.
Consulting with a Cobb County Child Custody Attorney
For parents, obtaining appropriate child custody rights can be critical in any divorce. Since child custody determinations can be complex and vary widely from case to case, you should be sure to contact a qualified attorney to assist you throughout the process.
In Georgia, a Cobb County child custody lawyer can look at your situation and provide you with customized legal advice on your child custody options. They can then help you petition for increased custody rights or a different arrangement that works better for you and your children.
If you need assistance with a child custody issue, do not delay. Get in touch with our intake team as soon as possible to get started on your case.
