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2020 Child Custody Laws in Georgia

Feb 05, 2020

Your little one is your pride and joy. Divorces are stressful as-is, but with the addition of figuring out custody, child support, and more, it can be even more stressful. 

To help assuage some of your concerns, Fairell Roy & Associates is here. Our team of family law attorneys is ready to help you understand the ins and outs of child custody so that you can feel prepared and calm about the future of you and your family. Our blog is full of helpful resources for you as you navigate this often-murky area. 

In today’s blog, we’ll focus on 2020 child custody laws in Georgia. Keep reading to learn more and be sure to contact us when you’re ready to meet with a family law attorney in Atlanta; we’re conveniently located in Tucker and our child custody lawyers are ready to help .

Legal vs. Physical Custody

According to Georgia law, both parents are equal when it comes to determining child custody. Joint or sole custody may be awarded and there are two types of custody within that: legal and physical custody. Be sure to check out Legal Custody vs. Physical Custody in Atlanta for more information. Here are the basics: 

  • Legal Custody: The right to make major decisions for the child (medical, religious, educational, etc.). 
  • Physical Custody: This refers to which parent the child will live with. 

There may be joint legal or physical custody or some combination of the two. As your family law attorney will tell you, the judge will always look for what is in the best interest of the child. According to Georgia law, children aged 14 and older may make a custody election saying which parent they would prefer to live with; however, a judge may overrule their decision if it’s not in the best interest of the child.

Parenting Plans

Once you begin working with a family law attorney and moving through the necessary steps of family law, you may hear the term “ parenting plan ” a lot. No matter the custody agreement, a parenting plan is required. The goal of a parenting plan is to ensure the child is properly cared for. It may include the following details:

  • The parenting time schedule
  • How holidays, birthdays, etc. will be spent and divided between parents
  • Transportation of the child, including both cost and logistics
  • If supervision is required and how it will be handled
  • How major decision making will be determined and agreed upon between parents
  • If there are any limitations when one parent has physical custody

Non-Parent Seeking Custody

Non-parents — such as grandparents , etc. — may seek custody under Georgia law. Georgia always presumes that it is better for a child to be with a biological parent if possible, but a family law attorney can help prove other parties are more fit to care for the child.

Work With a Family Law Attorney in Atlanta Today

Looking for a custody lawyer? Fairell Roy & Associates is for you. We’re conveniently located in Tucker and specialize in divorce , child custody , child support , and more. Contact us today to meet with a family law attorney and get started.

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