The guardian ad Litems spends time with the child, parents and third parties who are with the child and parents, and can gain much more insight into the best interests of the child than a lawyer could present in a one-day trial. Guardians are valuable assets for any father seeking primary custody of his children. In the following article, a Cordell & Cordell Georgia attorney provides answers to frequently asked questions about custody. Amanda Speights is co-founder and senior family lawyer at Speights Law, PC in Cherokee County. She is an experienced family law attorney who handles a range of domestic matters, including divorce, custody, child support, appeals and other types of litigation in the State of Georgia. To contact Amanda, please visit our contact page. It`s not necessarily a breakthrough factor if a parent objects to a 50/50 shared custody agreement, but it certainly helps if you and your spouse are on the same page. Try to state things and develop a parenting plan that you can both live with before you go to court. In terms of detention, it is common in Georgia for one party to have primary custody while the other alternates on weekends for visiting hours. The reason courts typically provide for alternating weekends is that injunctions are usually issued at the beginning of a case, before the parties have time to gather enough evidence to demonstrate why standard visits are not in the best interests of the child.

As a stable, responsible and committed father, he wanted joint custody and was willing to do anything to get it. The parenting plan is the part of the final divorce decree that deals with all custody issues in the divorce. The education plan must be comprehensive. It should recognize the importance of a child having a relationship with both parents and address the issue of custody of the child and a plan for the physical care of the child. In Georgia, it is not so common to consider joint physical custody as shared custody. Joint physical custody means that the child has essentially the same amount of time and contact with each parent. In some situations, shared custody is not practical because of a parent`s work schedule or the child`s extracurricular obligations. Parents should work together to create a care and access plan that best suits their particular circumstances while promoting the best interests of their children. Parents who opt for joint custody must work well together and have good communication, as this arrangement necessarily requires them to see each other more often and to work together continuously for the benefit of the children. As a general rule, there are four areas in which decisions must be taken jointly: the religious education of the child; medical care for the child or children; extracurricular activities; and education.

Situations such as an improved work schedule, greater closeness, and the ability to work with your ex may cause a court to consider a joint custody agreement positively. As young children grow up, a judge may determine that joint custody is desirable where it was not previously the case. A lawyer can advise you on your options and chances of changing joint custody. Georgian courts often prefer to grant equal custody (the ability to make decisions for the child) to both parents, while only one parent is granted primary physical custody. Custody refers to the right to make decisions about the child`s life, including education, health care, extracurricular activities, religious education, etc. Judges are often reluctant to award equal custody to parents who are sharply divided or show obvious hostility. Try to resolve disputes through mediation or counselling before seeing a judge, if possible. Since there are no visits, it is highly unlikely that a judge will not order visits unless parental rights have been revoked. A well-thought-out plan for how your child will divide time between homes, with clear planning goals and logistical considerations, can strengthen your case for a 50/50 custody agreement.

This is because people who raise closely together get along well most of the time, agree on the child`s daily routine, and make important decisions together in life and legal matters. You should also be able to resolve disagreements with minimal upheaval for the child. Visits and responsibility for paying child support are mutually exclusive. Even if the non-custodial parent is denied access, the legal and moral responsibility for paying court-ordered child support remains. The custodial parent cannot refuse to visit the non-custodial parent, even if he or she does not pay child support. If you`re facing a custody issue in Georgia, it`s almost always best to make sure you have a custody lawyer to protect your rights. A Cordell & Cordell Georgia attorney will be familiar with the support laws of Atlanta, Fayetteville, Lawrenceville, Marietta and other jurisdictions across Georgia. Physical custody, on the other hand, defines where the child will live. Department of Family and Children`s Services.

The Department of Family and Children`s Services may apply to the court for custody if DFCS believes the child is disadvantaged. The county must prove that the parents are not suitable, and the evidence must be clear and convincing. These cases are heard by a juvenile court. A low-income parent is entitled to a free lawyer in juvenile court. If you can`t afford a lawyer, ask for a lawyer in writing. Send your application to the registry of the juvenile court. Do this as soon as you know your case. In the state of Georgia, grandparents have no custody. If both parents are deceased or declared incapable, one of the grandparents will likely be prioritized in a custody assessment. However, without death or incapacity, grandparents have no rights over the children. The sad reality is that many judges have the preference of a mother over the father. However, in determining custody, the judge must consider the evidence presented as to who is best placed to care for the minor child.

The court must consider what is in the best interests of the child. The sex of the parent should not be included in the assessment. Physical custody is a parent`s right to let a child live with them. Some states recognize the concept of joint custody, where the child spends about half the time in each parent`s home. The latter is delicate and should only be considered if you have a friendly and respectful relationship with your ex. Plus, it works best if you live close to the other parent. This reduces children`s stress and allows them to maintain a reasonably normal routine. What can you do if you don`t get custody? Keep in mind that you can ask the court to change a custody order. You have to show that the situation has changed and that now is the best way to raise the child. The following information is taken from the booklet Child Custody in Georgia: How a court decide a custody case, published by the Georgia Legal Services Program in June 2007. Knowing that his request for joint custody was stronger than he suspected helped reduce Joshua`s anxiety and gave him a clearer head when he spoke to his wife. If warranted, the courts may order an investigation into allegations of abuse or neglect of one or both parents.

In cases where both parents are deemed unfit, custody may be awarded to a third party, such as a grandparent or close relative.