If you’re dealing with child custody issues in Atlanta, Georgia, call an experienced Atlanta child custody lawyer at Crystal Wright Law, LLC at (404) 594-2143 for a free consultation today.
Our founding attorney has nearly a decade of experience helping families like yours resolve complex family law matters.
We’re committed to helping families like yours develop workable solutions to complex problems. Contact our law offices in Atlanta, Georgia, to schedule a consultation to learn about your options today.
Why Choose Crystal Wright Law, LLC for Help With My Child Custody Matter in Atlanta?
When two parents cannot agree on child custody matters, tensions are almost always high. You don’t have to let a family law judge decide your family’s future. Hiring an experienced family law attorney is the best way to protect your interests. Many disputes can be successfully resolved through mediation and negotiation.
At Crystal Wright Law, LLC, our founding attorney has been recognized by Super Lawyers as one of their “Rising Stars.” We bring nearly a decade of experience to the table.
Our family lawyer is a skilled negotiator. Our team has the skills to protect your legal rights at every turn. If you have questions about a family law matter, contact us today for the legal advice you deserve.
Overview of Georgia Child Custody Laws
Resolving a child custody case in Georgia requires a formal court order that dictates different things, including:
- Where the child will live
- When the child will spend time with each parent
- Who will make important decisions about the child’s life
- How holidays will be divided between the two parents
- Summer visitation schedules
After a divorce, each parent continues to have rights and responsibilities when it comes to raising children. In Georgia, public policy favors a child custody arrangement that allows a child to continue to have a close relationship with their parents and grandparents–unless someone is found to be unfit.
No presumptions as to any particular custody arrangement exist. Your family’s unique situation must be considered.
Who Determines Child Custody and Parenting Time in Atlanta?
Decisions about child custody are not made by a jury in Georgia. Georgia child custody laws require family law judges to make decisions regarding child custody and parenting time. The standard in all cases is what is in the child’s best interests.
It is entirely possible for two parents to reach an agreement over their child custody arrangement. In fact, it’s often preferable. A judge’s order does not always consider what is the most workable arrangement for the family as a whole.
When two parents agree on an arrangement, the judge can evaluate that arrangement. If it’s fair and in the child’s best interests, the judge will likely approve it.
Our Atlanta child custody attorney has extensive experience handling sensitive family law matters. We can facilitate mediation and help you and your co-parent develop your own parenting plan and time-sharing agreement.
Understanding Legal Custody in Georgia
Legal custody refers to the right to make important decisions about the child’s life. Joint legal custody is common. Courts tend to prefer joint custody arrangements, especially if the two parents demonstrate that they can cooperate.
Joint arrangements require joint decisions regarding the child’s:
- Education
- Medical care
- Religious upbringing
- Extracurricular activities
Often, a judge gives one parent the right to make a final decision if the parents cannot reach a joint agreement.
Understanding Physical Custody in Georgia
Physical custody refers to the time the child is physically with each parent.
Different types of arrangements exist:
- Joint physical custody, where two parents have substantially equal parenting time
- Primary physical custody, where the child lives with one parent most of the time
- Sole custody, where one parent has total physical custody
Divorce and family courts favor arrangements where each parent has ample time with each parent–unless there is a reason for deciding otherwise.
What Factors Are Considered When Resolving Child Custody Disputes in Atlanta?
Family court judges evaluate many different factors when determining child custody matters. The law recognizes that many different issues are relevant when deciding the nature of an arrangement that best serves the child’s best interests.
Factors that the law lists as relevant include:
- The emotional ties, love and bond between the child and each parent
- The emotional ties, love and bond between the child and their siblings, including half and step siblings
- The residences of siblings, half siblings and step siblings
- Each parent’s ability to provide the child with love, affection and guidance
- Each parent’s ability to continue the child’s education
- Existing relationships between each parent and the child
- Each parent’s ability and willingness to provide for the child’s food, clothing and daily needs, considering child support obligations
- Each parent’s home environment, in terms of the home being a safe and nurturing environment
- The child’s stability and the desirability of maintaining continuity
- Each parent’s support system and family ties, in terms of their ability to benefit the child
- Each parent’s emotional and physical health
- Each parent’s previous involvement in the child’s educational, social and extracurricular activities
- Each parent’s work schedule, in terms of flexibility
- Any special needs of the child
- Each parent’s past parenting role
- Each parent’s willingness to support the child’s relationship with the other parent
- Any history of family violence or child abuse
- Any history of substance abuse
Children who are at least 14 are able to select the parent with whom they want to live. Typically, judges will respect that decision unless it’s not in the child’s best interests.
Judges will consider the wishes of a child who is at least 11 years old, but not yet 14 years old. That child’s wishes will not be controlling, but the judge can award temporary custody to the selected parent for a six-month trial period.
What Can I Do to Improve My Chances of Success During a Child Custody Dispute?
Child custody matters are often hotly contested. Emotions may be running high. It’s important to remain calm and consult an experienced attorney as quickly as possible. Your lawyer can explain your rights and options at the outset.
Some key factors to consider include:
- Avoid discussing your divorce case or child custody dispute in front of your child
- Follow all of the family court judge’s instructions and orders
- Remain active in your child’s life by attending school functions and extracurricular events
- Answer any questions posed by a custody evaluator or investigator honestly
- Attend all court hearings
- Show that you’re willing to compromise to help foster an ongoing relationship with your child’s parent, unless special circumstances make such a relationship unwise
Being honest with your attorney is also important. An experienced family lawyer will be an extremely valuable asset throughout the family law process. When your lawyer has all relevant information, they’ll be best positioned to successfully advocate for the results you desire.
Can Existing Child Custody Orders Be Modified in Georgia?
Your family may outgrow your original child custody agreement as time passes. Georgia courts have the authority to modify existing legal and physical custody orders.
Either parent can petition the court to request a modification. The judge may agree to the requested modification if the parent can demonstrate that there has been a material change in circumstances.
Examples of material changes that may impact a child’s best interests include:
- Either parent is moving, and the move will impact the other parent’s custody and visitation rights
- A parent or child experiences a significant and long-term change to their schedule
- The child has turned 14 and wishes to live with one parent
- The child’s needs have significantly changed
- Evidence shows that one custodial parent is unfit
If you or your child’s other parent has questions about an existing child custody order, call our law firm today. We can help your family identify solutions and understand your legal rights and options.
What Happens if My Child’s Other Parent Violates the Court’s Child Custody Order?
You can file a contempt order and request that a family law judge enforce the order. The judge won’t change the existing order itself during this hearing. Instead, it may order changes that can make it more likely that your co-parent will comply–such as ordering a change in pick-up locations or transportation.
In the most severe cases, the court can hold your co-parent in contempt. A contempt order can carry jail time and significant penalties.
Like most other states, Georgia adheres to the Uniform Child Custody Jurisdiction and Enforcement Act. After the child custody order is finalized, courts in all other states are required to recognize and enforce the court’s final order.
Contact Our Atlanta Child Custody Lawyer for a Free Consultation Today
Nothing is more important than protecting your relationship with your child. An experienced Atlanta child custody lawyer at Crystal Wright Law, LLC can help with the legal issues. Contact us today to learn more about how we can put our expertise to work for you.
