When a divorce includes a child, a custody battle almost always ensues. The hope of everyone is that the divorcing parents can reach a reasonable resolution, but in most cases we can assume that won’t be the case.
The test that the court will apply when determining custody is “the best interest of the child.” The best interest of the child is based on several different factors, and it’s up to the judge to weigh each and every one of them. The factors include, but aren’t limited to:
As for the last one, the child’s wishes don’t always hold weight in the actual decision. In Georgia, once the child is 14 their decision rules as long as the judge does not find that parent unfit.
At any age before that, the judge simply can take their wants into consideration.
Custody can be devastating. It’s heartbreaking when parents lose custody of their children. Spouses end up having to pay agonizing amounts of financial support.
If you want to protect your rights, not wrongfully lose custody, and not get raked over the coals financially, fill out the form below. Free consultations are first come first serve. We always run out of slots. Make sure you get yours locked in now.
There are two main types of custody: legal and physical.
Legal custody is having the fundamental legal rights to the child. This includes the right to obtain medical records, school records, rights of inheritance, etc. In most cases, both parents will have joint legal custody.
However, joint legal custody has its downfalls. Deciding who will have the final decision-making authority for the children can be very difficult. Usually the court divides the decision areas into education, medical, extracurricular, and religion.
While the parents are encouraged to confer on each of these decisions, the court will determine who will have the final call in each of those areas. If being the final decision maker in one particular area is important to you, custody lawyers can help.
Physical custody is what most people think of when talking about child custody in general. This determines the parenting time. The options of how this is split is basically limitless and will vary from family to family.
It may take many meetings with each spouse’s custody lawyers to get a fully functioning, reasonable schedule for both sides. Typically, most people opt for an alternating weekend arrangement. However, some parents don’t always live in close proximity of one another.
Having custody lawyers on your side during this difficult planning period can help, especially when your time with your children is at stake.
If you want the best custody lawyers to represent you, fill out the form below.
We have the experience needed to ensure that your rights are protected.
This means that you don’t wrongfully lose custody of your children.
We also make sure that your custody judgment is equitable and fair.
This means you don’t get raked over the coals financially.
After you fill out the form below, we will set up your free consultation.