Many parents naturally take for granted that they will be able to see and talk to their children every day. Unfortunately, some parents are unable to see their kids as often as they would like due to custody disputes or restrictive custody arrangements.
If you would like to negotiate more time with your children or ensure that a pending custody order matches your interests, contact a Roswell child custody lawyer as soon as possible. Our team of experienced family law attorneys are dedicated to fighting for your parental rights and petitioning on your behalf for new or expanded custody rights that fit your needs and those of your child.
Georgia courts may decide child custody issues as part of a divorce or as a separate court action. In either situation, Official Code of Georgia Annotated §19-9-1 requires both parents to submit a parenting plan.
Parents may submit a joint plan if they are able to come to an agreement, or each parent may submit their own plan. Either way, a valid parenting plan must include the following:
Any parent who fails to submit a parenting plan is at risk of the court adopting the plan submitted by the other parent. A child custody attorney in Roswell could provide assistance to anyone who needs assistance drafting an enforceable parenting plan for their situation.
Parents may, if they wish, submit any or all of their child custody issues to binding arbitration, according to O.C.G.A. §19-9-1.1. Parents have the right to choose their arbitrator and decide which issues may be resolved through this process.
Generally, the arbitrator’s decision is final, and a court would implement the decision into its custody decree. However, a judge still retains the authority to decide on issues left unresolved by arbitration if necessary.
Usually, Georgia courts decide custody and visitation issues according to the best interests of the child. Under O.C.G.A. §19-9-3, a court may take various factors into consideration when making such decisions, including but not necessarily limited to:
Additionally, courts may take into account each parent’s criminal history, especially with respect to domestic violence and a history of substance abuse. Anyone seeking further information and advice on how a court may decide their custody case should contact a skilled Roswell child custody lawyer as soon as possible.
Child custody issues are often complex and challenging, and many parents, unfortunately, need to go through lengthy court battles to have a custody arrangement they are comfortable with. Hiring a Roswell child custody lawyer may be the best way to help ensure you have sufficient time with your children.
Our legal team is familiar with relevant Georgia laws and could help defend your parental rights in court. We are committed to understanding your needs and making sure you receive the best result possible. If you need assistance with new or expanded custody rights, call our firm today to set up an initial consultation.