Generally speaking, family courts strive to fashion custody orders that benefit involved children. Consequently, judges in Georgia have broad discretion when awarding legal and physical custody.
A skilled Atlanta child custody lawyer can help couples sort out a suitable parenting schedule as part of their divorce agreement. This arrangement could include sharing custody, allowing one parent sole custody or creating a hybrid arrangement.
Legal Custody
When a married couple divorces, either parent may request custody of their children. The court will award legal custody to the parent who it decides can best raise the child. The parent awarded custody will have final decision-making authority over the child’s education, health, religious training and extracurricular activities. The other parent will have visitation rights and may make decisions on a consultative basis with the other parent.
In some cases, the judge may grant joint legal custody but award one parent sole physical custody. Joint legal custody requires the parents to work together to create a visitation schedule that is consistent with their shared interests and will not interfere with their child’s well-being.
In the state of Georgia, a child’s parent is required to pay child support until that child reaches age 18, graduates from high school or dies. A skilled Atlanta child custody attorney from Kitchens New Cleghorn, LLC can provide diligent assistance in arranging an equitable time-sharing arrangement for your family’s unique circumstances.
Physical Custody
Physical custody is where a child lives day-to-day, which may be shared by both parents (known as joint custody) or solely by one parent (known as primary physical custody). Judges also award visitation rights to the other parent. These are often structured with mid-week visits, overnight stays on the weekends, and extended visitation during holidays and school breaks.
While courts in Georgia generally favor sharing legal and physical custody, they have substantial discretion when deciding what is best for children in particular circumstances. The court considers several factors including the stability of the home environment, each parent’s relationship with the child, the child’s age and needs, and more.
It is common for the family courts in Atlanta to award primary physical custody to one parent with alternating weekend visitation time. This arrangement allows both parties to spend a fair amount of quality time with their children. This is especially the case in cases involving domestic violence and/or substance abuse.
Parenting Plans
A parenting plan is a detailed agreement that covers legal and physical custody, including how much time the child will spend with each parent. It can also include information regarding financial support, such as baseline child support and arrangements for sharing expenses like health care, school supplies, extracurricular activities and post-secondary education.
At Kitchens New Cleghorn, LLC, we understand the importance of a well-drafted custody and visitation schedule. A custody and visitation schedule that reflects the parents’ work, travel and other obligations can help to reduce tension and foster a positive co-parenting relationship.
Despite outdated gender roles and beliefs, courts can award custody to fathers, provided they meet certain criteria. Our firm is at the forefront of giving deserving fathers a fair shot at custody. Contact us to schedule a consultation with an Atlanta custody attorney. We can review your situation and develop a plan that will serve the best interests of your children. We can also assist with modifying an existing custody order if the circumstances require it.
Child Support
In Georgia, parents may be granted legal, physical or joint custody. The parent with legal custody is the one who makes decisions regarding a child’s education, medical care and religious upbringing. The parent with physical custody is the one who lives with the child, and may have visitation rights.
Despite old-fashioned views, family courts do not automatically award primary custody to mothers in custody cases. Fathers are just as capable as mothers of providing their children with emotional bonding, love and parental guidance. Nevertheless, many fathers face obstacles in winning custody, due to gender bias and outdated views on gender roles.
A seasoned Atlanta divorce attorney can help parents arrange for reasonable and equitable parenting schedules. A skilled legal professional can also help parents request modification of custody if circumstances change. Child support is a sum paid from the noncustodial parent to the custodial parent to help pay for the child’s expenses such as food, clothing, shelter, health care and education. A court determines appropriate child support by looking at each spouse’s financial status including salary, commissions, overtime pay, bonuses, severance payments, self-employment income, stock options, trust income and interest income.
