Child Custody

How Will Getting Married Affect My Custody Battle in Georgia?

Whether you are fighting for child custody or already have custody of your child, getting married can affect child custody in Georgia. While marrying does not automatically trigger a custody battle, your child’s other parent could petition the court for custody based on factors related to your marriage. If you are in a custody battle,… read more

5 Factors That Affect Child Custody Decisions

The primary concern in a Georgia child custody case is the best interest of the child. The judge considers all factors that impact the child’s best interest. In the end, the final decision is what the judge believes will benefit the child. Joint custody is often preferred because it allows parents to be active in… read more

Can I Modify My Child Custody Arrangement Without Going to Court in Georgia?

Oftentimes, co-parents decide to make changes to their child custody arrangements. For example, a parent might accept a new job that changes when they can exercise visitation. Another example might be a change in the child’s schedule that necessitates making changes to which parent takes care of the child each day. Informal changes to a… read more

What Is an Ex Parte Custody Order in Georgia and When Do You Need One?

If you and your child’s other parent do not live together or decide to separate or divorce, you must file a petition asking for custody. Without a formal custody order, both parents retain their rights regarding the child. A court is the only entity that can modify or revoke a parent’s legal rights. In most… read more

What Is a Custodial Parent?

Generally, the custodial parent is the parent who lives with the child and has physical custody of the child. In other words, the parent is the child’s primary caregiver. Noncustodial parents typically have visitation and timesharing arrangements with the child. In Georgia, parents can share custody of a child or have sole custody. When the… read more

What’s the Difference Between Legal Custody and Physical Custody?

There are two types of custody in Georgia: legal and physical. What are the differences? They sound similar, but there are key distinctions you need to be aware of. These differences apply to your rights as well as the responsibilities you have to your children. Legal Custody Legal custody gives you the right to make… read more

Is My Ex-Spouse Allowed to Take Our Child Out of the Country?

Going through a divorce is never easy, and it’s even more emotional when you have a child. Even after the divorce process is over, you still have to interact with your ex-spouse. You will likely have to work together to make major decisions for your child.  But what if your ex-spouse wants to take your… read more

How to Request a Psychological Evaluation in Your Child Custody Case

Georgia law gives judges the authority to order a psychological evaluation in child custody cases. Judges make custody decisions based on a child’s best interest. However, a psychological evaluation provides vital information that helps the judge decide custody matters in some cases. Interested parties may request a psychological evaluation in a custody case, including either… read more

Can You Kidnap Your Own Child in Georgia?

Yes, under certain circumstances, you can kidnap your own child in Georgia. Parental kidnapping is a common form of child abduction, especially in disputed custody battles. A parent can be prosecuted for parental kidnapping if they take their child from the other parent without legal custody or a court order. A parent may kidnap their… read more

How Can a Father Get Full Custody of Their Child in Georgia?

Child custody laws are changing. When parents disagreed over a custody arrangement in the past, the law favored the mother. It was assumed that a mother was the primary caretaker and better fit to care for the child’s well-being.  This is no longer the case. Child custody laws have increasingly moved toward viewing both parents… read more