Disputes over the custody of a minor child can be contentious. If you and your co-parent are in the process of determining, modifying, or enforcing custody orders, it is vital that you understand the different types of custody in Suwanee as well as the rights and responsibilities that come with each.
There are two categories of child custody according to state law: physical and legal. The distinctions between these two categories are important as they relate to very different details involving your children. Reach out to our trusted team for experienced and compassionate guidance to help you protect your family’s best interests.
Physical custody involves the right of a parent to have a child live with them part of all of the time. Parents who have any form of physical custody are required to provide for the child’s daily needs, such as clothing, food, shelter, and more.
Physical custody in Suwanee can be shared between the two parents or granted to only one parent. The parent who shares a home with the child all or most of the time is known as the custodial parent. The noncustodial parent may have custody of the child on a limited basis or only have visitation rights. The court carefully evaluates whether spending time with the noncustodial parent aligns with the child’s best interests and overall development. In Georgia, sole physical custody is only granted in exceptional where the parent is unable to provide a safe living environment for the child.
Joint custody allows for shared responsibilities between both parents as they take turns living with the child during specified periods. The specifics of these arrangements can be tailored to suit each family’s unique needs.
Legal custody involves parents making vital decisions in their children’s lives. These decisions relate to a wide variety of factors. For starters, these choices often include how or where a child receives their education. Parents also have the right to choose about issues related to medical treatment and care as well as religious upbringing. Additionally, a parent with legal custody has the right to decide how to discipline their child. They also have the final say on who else is a viable caregiver.
When it comes to this type of custody in Suwanee, the Georgia family courts also have the power to award either joint or sole responsibilities. There is a presumption that it is best for the child for each parent to have a say in their lives. However, the need to protect a minor from harm could result in one parent having the ultimate say in every major life decision.
It is worth noting that physical and legal custody determinations are not dependent on each other. The family law judge has the opportunity to make an award of one type of custody without the other. Our trusted attorneys can advocate to the court for a fair outcome regarding where the children live and who makes decisions on their behalf.
If you have questions about the different types of custody in Suwanee and how to maximize your chances of getting your favored outcome, let our team guide you. You deserve a strong legal advocate that will fight for your rights as a parent. Call the Atlanta Divorce Law Group right away for a confidential consultation.