Types of Custody in Milton
Parents living apart must agree on a parenting plan that describes how they will raise their children. If they cannot agree, a Georgia family court judge will decide.
Our skilled attorneys have considerable experience in negotiating parenting plans. We advise our clients about what types of custody in Milton are right for their families. If you hire us, we can ensure you understand the various custody arrangements.
Understanding Legal and Physical Custody
Understanding what certain terms mean is critical when you are negotiating a parenting plan. A Milton attorney at our firm can ensure you have clarity about different custody arrangements’ legal and practical meanings.
Legal custody is the authority to make decisions for your children. A parent with legal custody can:
- Decide where their child will go to school;
- Consent to an individualized education plan;
- Consent to or refuse medical care for the child;
- Determine the child’s religious education and practices.
Day-to-day decisions about chores, homework, and screen time are usually the responsibility of the parent supervising the child.
Physical custody allows a parent to provide a home for the child at least part-time. Georgia family court judges usually designate one parent to have primary physical custody.
Common Custody Arrangements
The Official Code of Georgia § 19-9-3 governs child custody decisions. This law prohibits Georgia family court judges from favoring one parent over the other. Instead, the judges must consider all relevant factors and make custody decisions that are best for the children.
The law favors granting joint legal custody. This allows both parents a role in making important decisions for their children. Sometimes a Georgia family court judge will designate one parent to have the final say when the parents disagree.
If the judge grants sole legal custody, they must explain why joint legal custody is not in the children’s best interests. A parent without legal custody usually still has access to the children’s health and educational records.
Shared Physical Custody
Shared physical custody means both parents provide part-time homes for the children. Often, the children are with one parent during the school week and the other each weekend or every other weekend. Georgia courts will consider any physical custody arrangement that suits the family’s schedules and provides the children with structure and stability.
Joint Physical Custody
Georgia family courts can award joint physical custody when both parents request it. This means the children divide their time roughly equally between the parents’ homes. It requires a high degree of cooperation between parents. It is not a good arrangement when they have significant conflicts.
Sole Physical Custody
A Georgia family court judge can award sole physical custody to one parent. This usually happens when the other parent does not have a suitable home, struggles with addiction or mental health issues, or has been violent toward their co-parent or children. Sometimes, this happens when the other parent has an unpredictable schedule and cannot provide the necessary structure for the children.
When a judge awards sole physical custody, the other parent typically retains the right to visitation. However, Georgia family court will sometimes order that another responsible adult be present at the visits. This ensures the children will be physically and emotionally safe. Our Milton legal team can help a parent with this type of custodial arrangement make or defend against a request for supervised visitation.
The Children’s Best Interests Are Paramount
The law requires Georgia family court judges to prioritize the children’s best interests when making custody decisions. The law presumes that a meaningful relationship with both parents is in the children’s best interests. Judges cannot deny a parent physical or legal custody except to protect the children’s interests.
When parents cannot agree on custody, Georgia family court may appoint a third party to help determine the children’s best interests. Our Milton legal team can help a parent prepare for an evaluation a third party orders to ascertain what type of custody is best for the children.
Contact Our Milton Attorneys To Learn About Different Types of Custody Arrangements
Child custody issues are often difficult to navigate. If you are negotiating a parenting plan, you need a skilled attorney’s help to determine what types of custody in Milton may be right for your family.
If you hire our firm to represent you, you can rely on our family law attorneys to provide sound advice. We will diligently advocate for your children’s best interests. Call us today for a free consultation with a member of our team, and then decide whether you want us to represent you.
