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What Are Child Custody Laws In Georgia?

Jan 15, 2018

Fighting for child custody can be an extremely emotional and time-consuming process for parents who simply want the best for their children and family.

When it comes to divorce, legitimation disputes, or other family law issues in Atlanta, there’s one place that you can always turn to for help along the way: the Fairell Firm. Our dedicated family law attorneys will help you fight for your rights, as well as the rights of your child, in a steadfast manner.

But first, it’s important to get to know the child custody laws in Georgia, and how they might come to impact your case. In order to help you do that, we’ve compiled a primer regarding the child custody laws in Georgia. Of course, every case is different.

So if you’re dealing with a child custody case, contact the Fairell Firm immediately. Our firm specializes in Atlanta family law cases, providing a level of attention and service to our clients that is hard to find in this day and age.

What Are The Types Of Custody?

First, let’s take a brief look at how Georgia defines its child custody laws. Simply put, there are two different types of child custody as established by the state: legal custody and physical custody.

  • Physical custody indicates with which parent the child will live. In a joint custody situation, the child will split equal time and contact with both parents.
  • Legal custody means the custodial parent has the right to make major decisions regarding the child, including medical, educational, extracurricular, and even religious decisions. If it is a joint custody situation, then both parents would share equal rights and responsibility when it comes to those major decisions.

The judge can then award sole custody to one parent, or joint custody between both parents. Depending on the facts of the case and situation, it’s not all that uncommon to see a judge award joint physical custody and joint legal custody, if it’s an amicable and agreeable situation. However, it’s important to note that the judge will always act in the best interest of the child or children, taking into account things like:

  • The mental and physical health of each parent
  • Emotional stability of each parent
  • The child’s relationship with each parent, including bonds and emotional ties
  • Education and work skills of both parents
  • Any special needs the child might have
  • Finances, employment situation, and living situation
  • The child’s preference
  • And more

Another factor of Georgia family law when it comes to child custody is the child’s ability to decide. In the state of Georgia, children aged 14 or older have the right to make a custody election, in which they decide which parent they would prefer to live with. A judge can, however, overrule this if they decide it’s not in the child’s best interest.

What Is A Parenting Plan?

Georgia’s child custody laws state that, regardless of the type of custody agreement made during the ruling, there must be a parenting plan put into place. This ensures the child is properly cared for and put into the best possible situation. The parenting plan should outline things like:

  • The parenting time schedule, breaking down where and with whom the child will be spending time with on each day of the year.
  • How holidays, birthdays, vacations, and other special occasions will be spent and divided.
  • How transportation of the child will be handled, including costs and logistics.
  • Whether supervision is needed during the child’s stay or visitation time with the parents, and how such supervision will be handled.
  • If it is a joint legal custody situation, the parenting plan needs to outline how the parents will allocate the decision-making authority for major decisions, such as health, education, extracurricular activities, and even their religious upbringing. It should also include how the parents can/will resolve a disagreement with regards to these decisions.

What If A Non-Parent Seeks Custody?

In Georgia, sometimes the case is such that a non-parent, such as a grandparent, seeks custody. That is permissible under Georgia family law. However, the state always presumes it would be in the child’s best interest to be with a biological parent. So, grandparents or other third-party family members must work to overcome that presumption in the judge’s eyes in order to win custody.

Atlanta Family Law Experts

At the Fairell Firm, our stalwart attorneys are among the premier family law experts in Atlanta. When it comes to a child custody case, it is still important to have someone fighting for your best interests.

Learn more about the child custody laws in Georgia by glancing at some of our frequently asked family law questions.

If you’re in need of a dedicated firm practicing family law in Atlanta, then look no further than the Fairell Firm. Call our family law attorneys today to get started.

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