Suwanee Child Custody Lawyer

When divorcing spouses share children under the age of 18, child custody will be one of the biggest issues they must resolve during the dissolution of their marriage. Figuring out which parent will be the primary caregiver and how often the other parent will be allowed to visit are frequently two of the most important discussions that take place during divorce.

The outcome of these discussions will have a lasting impact on your life, your children’s lives, and your future relationship with them. Working with a Suwanee child custody lawyer can be the best way to ensure your parental rights are protected. Regardless of whether you are working toward an original agreement or looking to modify an existing one, by working with an experienced family law attorney, you can find a solution that makes sense for you and your family.

Unmarried Fathers Must Legitimize Their Child to Gain Custody Rights

Many couples have families without marrying. The parents can complete a Voluntary Paternity Acknowledgement form which allows the father’s name to appear on the child’s birth certificate and allows the child to have the father’s last name if both parents agree. However, acknowledging paternity does not establish a father’s legal parental rights, which include custody rights.

Any father seeking custody and visitation rights must go through a separate process of legitimizing the children. They must file a petition in the Superior Court where the mother and child live seeking legitimation. If the mother does not object, the court will issue the legitimation unless the judge finds doing so is not in the child’s best interests. An experienced child custody attorney in Suwanee can advise a parent about legitimation issues.

What Does Legal Child Custody Refer To?

There are two types of child custody that need to be determined in a divorce between parents: legal and physical custody. Legal custody of a child deals with a parent’s rights and ability to make important decisions on their child’s behalf. These decisions include the medical care that the child is to receive, which school they go to, and how prevalent religion will be in their life.

In most cases, the judge will award legal custody to both parents. However, there are some circumstances where a judge may completely strip a parent’s legal custody rights. A Suwanee child custody attorney can help ensure an arrangement that considers your child’s best interests is reached. This is why it is advisable to seek the services of a dedicated lawyer.

Determining where a Child Lives in Suwanee

Physical custody, on the other hand, indicates which parent will be the primary caretaker of the child post-divorce and how often the other parent can visit. The primary caretaker would be the custodial parent, while the other is considered the non-custodial parent with assigned parenting time, also known as visitation rights.

The professional lives of the parents, their lifestyles, and their ability to provide a positive environment for the child will all be considerations in determining custody. Enforcing and maximizing a parent’s visitation rights are two of the most common issues that a Suwanee child custody attorney deals with.

Joint Parenting Plans Usually Yield the Best Results

Georgia law requires parents to submit a detailed parenting plan to the court for approval. When parents dispute custody, they can each submit their own proposed plan and the judge will decide between them or replace the parents’ plans with their own plan. Parents retain control over custody decisions by working together to create a joint plan, rather than leaving the matter for a judge to decide.

A parenting plan requires the parents to decide whether they will share legal custody, assign each parent responsibility for specific topics, or place legal custody in the hands of just one parent. The parenting plan must also specify how the couple will handle physical custody. The plan must contain a schedule showing:

• When the children will be with each parent;
• Who will be responsible for transportation on which days:
• What holidays the children will spend with each parent;
• How the parents will handle pick-ups and drop-offs;
• How the parents will handle emergencies that might impact their ability to have or transport the children on a specific day.

The plan must also address child support, explain how the parents will resolve disagreements about the children, and establish ground rules for parental conduct during visits.

Additionally, the parents must provide details in their parenting plan when a child’s or parent’s health issue impacts custody or a child has special educational needs. An experienced Suwanee attorney can ensure a parenting plan contains all the required elements before submitting it to the court.

Children’s Best Interests Are Always the Primary Consideration

The Official Code of Georgia §19-9-3 requires family judges to make custody decisions based on the children’s best interests. There is no preference in the law toward making the mother or father the custodial parent. Whichever parent can provide the environment that best promotes the children’s physical and emotional safety, stability, and ability to thrive may be granted custody.

In many cases courts find that both parents can provide the structure and nurturing the children need in a healthy environment. They may order shared custody with the children spending substantial time with each parent. However, when the parents’ relationship is volatile, a family court might consider exposure to the parents’ hostility to be detrimental to the children’s best interests.

Children who are at least 14 can decide which parent they want to live with, and the court must grant that parent custody unless the judge feels the parent the child chose is not able to support their best interests. When children are between the ages of 11 and 14, a family judge will consider their preference in making custody decisions. A Suwanee child custody attorney can help a family determine their chances of achieving their proposed custody arrangement.

Call a Suwanee Child Custody Attorney for Help

Retaining the skills of a well-versed attorney can help you ensure that your parental rights and interests are being protected. Reach out to a Suwanee child custody lawyer for the legal representation you need at this crucial juncture of your life and the lives of your children. To learn more, call today and set up a consultation with our intake team.