Divorce for Families With Minor Children in Marietta
The decision to divorce is never easy, but it can be heart-wrenching when you have young children. You might both be worried about how the split will affect them, how you will support them financially and emotionally, and how the divorce will impact their relationship with you.
The laws in Georgia are designed to force parents to confront those questions when they divorce and come up with detailed plans to reduce the disruptions to their children’s lives. Divorce for families with minor children in Marietta requires the parents to adopt a mature and realistic attitude, ensuring the children’s well-being is the top priority.
Know that you are not alone in this journey. Work with a legal team with deep experience supporting parents through divorce. The attorneys at the Atlanta Divorce Law Group have the background and resources to help you come through your divorce well-positioned to maintain your relationships as an involved and effective parent.
Understanding Custody Laws
Parents of minor children must consider two types of custody when divorcing in Marietta or elsewhere in Georgia: legal custody and physical custody. Legal custody refers to decision-making authority about major life issues such as healthcare, religion, and education. Physical custody refers to where the child lives.
The law favors parents sharing joint legal custody in most cases. Physical custody may also be shared, but the parents must demonstrate that joint physical custody will work logistically. They must also demonstrate that they can get along well enough that sharing custody will not expose the children to arguments or disparagement.
One parent will be designated the custodial parent, even when the parents have joint physical custody. The custodial parent’s address is the children’s address on their medical records, school enrollment, and for other official purposes.
The Children’s Best Interests Drive Decisions
The Official Code of Georgia §19-9-3 governs child custody, and it explicitly says the law does not favor either parent in custody decisions. Instead, when a couple in Marietta with minor children divorces, the judge must decide based on the children’s best interests. Our attorneys can work with you to ensure you understand how a judge determines best interests and help you tailor your custody proposal accordingly.
The law lists multiple factors a family judge can consider when weighing the children’s best interests. Among them are the following:
- Emotional ties between each parent and each child, and between the child and their siblings;
- Capacity of each parent to provide a healthy and stable home environment;
- Mental and physical health of each parent;
- Physical, emotional, and educational needs of each child and each parent’s willingness and ability to meet them;
- Willingness of each parent to nurture and support the children’s relationship with the other parent.
When a child is at least 11 years old, the judge may consider their preference regarding which parent they live with. However, the judge is not obligated to grant the child’s wish.
When parents dispute custody, courts sometimes appoint a custody evaluator or guardian ad litem to make a recommendation. These third parties get to know the parents and children, visit the parents’ homes and may interview others, such as extended family, the parents’ current partners, and teachers. The judge does not have to follow their recommendations but often gives them considerable weight.
Negotiated Parenting Plans Work Best
Parents must submit a detailed parenting plan describing how they plan to handle decision-making and time-sharing between the parents. Ideally, parents negotiate a plan and jointly submit it to the judge for approval. Despite the parents’ agreement, the judge still must review the plan and ensure it supports the children’s best interests.
When parents cannot agree, each submits their preferred plan. The judge reviews each plan and can accept one of them or substitute their own plan. The parents must comply with the plan the judge imposes. They cannot request a modification unless they can demonstrate there has been a substantial change in their circumstances since the judge made the custody order.
Divorcing parents of minor children in Marietta fare best when they cooperate to develop a parenting plan that works for everyone. Parents who have trouble with constructive communication could work with a mediator to develop an acceptable parenting plan. Alternatively, their attorneys can negotiate a plan on their behalf.
Work With a Marietta Attorney When Child Custody is an Issue in Your Divorce
Divorce for families with minor children in Marietta is certainly more challenging than it would be if you were childless or your children were adults. Understanding the custody laws and what they require of you is crucial.
A trusted family attorney can help with all the issues that arise in a divorce. Contact a team member from the Atlanta Divorce Law Group today to get started.
