In Georgia, the primary consideration regarding child custody is the best interests of the child. State law reflects the notion that parents are generally best positioned to develop a parenting plan that is tailored to their child’s needs. There is also no presumption in favor of either parent regarding child custody proceedings or any specific type of custody arrangement.
Nonetheless, a family court must review and approve any parenting plan before it becomes legally binding. If there are disputes regarding child custody, the judge may ultimately decide on any issues.
In cases where the child is 14 years of age or older, their preferences will be given substantial weight – such that in many cases, the judge will allow the child to live with the parent of their choosing. Supervised Visitation & Court-Ordered Conditions
By default, parents in Marietta, GA, have the right to see their children and spend time with them. However, if the court determines that doing so is not in the child’s best interest or that the parent is unfit, it may impose restrictions.
Courts focus on the best interests and well-being of the child during visitation. A neutral third party will only intervene if the child’s safety is threatened; otherwise, they will observe and take notes as necessary.
Supervised visitation may be imposed if the case involves a factor such as domestic violence, drug abuse, alcohol abuse, or child neglect.
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Court-Ordered Conditions
Court-ordered conditions are another type of child custody restriction a judge may impose on a parent. Here, too, the child’s best interests are the primary consideration. These conditions are generally less intrusive than supervised visitation and may appear in a wider range of cases.
For example, in Georgia, there are two types of custody: physical and legal. Physical custody refers to where the child lives, and legal custody refers to decision-making authority regarding the child. Parents may share either type of custody, or the court may designate a parent as having “sole” legal or physical custody.
Courts may then impose conditions related to these forms of custody, such as the amount of time each parent may spend with the child. Many other types of court-ordered conditions may also apply based on the facts and circumstances involved in the case.
Child custody decisions are among the most critical aspects of a divorce or separation. In Georgia, custody arrangements are determined based on the child’s best interests. Understanding the different types of custody can help parents navigate this process with clarity.
Legal Custody
Legal custody grants one or both parents the authority to make major decisions regarding the child’s upbringing. These decisions include education, healthcare, religious affiliation, and other significant aspects of the child’s welfare.
Physical Custody
Physical custody determines where the child will primarily reside. The custodial parent provides the child’s day-to-day care, while the non-custodial parent typically receives visitation rights.
Primary (Sole) Custody
In cases where one parent is deemed better suited to provide for the child’s overall well-being, they may be awarded primary custody. This means they have both legal and physical custody, and the other parent may have limited or supervised visitation rights.
Joint (Shared) Custody
Many parents opt for joint custody, which allows both parties to share time and responsibilities in raising the child. This arrangement ensures that the child maintains a strong relationship with both parents.
Additionally, parents can create parenting plans or visitation schedules to establish a structured routine that works best for their child. A child custody attorney in Marietta can help negotiate an arrangement that aligns with Georgia law while prioritizing your child’s best interests.
If you need legal guidance, contact our Marietta child custody attorneys for assistance in navigating your custody case.
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) plays a crucial role in child custody cases, particularly when parents live in different states. It helps determine which state has jurisdiction over a custody case and ensures that custody orders are enforced consistently across state lines.
The UCCJEA applies in situations such as the following:
When a custody order was issued in another state
When a parent wants to relocate to a different state with the child
When a parent seeks to modify an out-of-state custody order
When a parent needs to register an out-of-state custody order in Georgia
When a parent unlawfully removes or retains a child in violation of a custody agreement
Since nearly every U.S. state has adopted the UCCJEA, it creates a uniform legal framework for determining where custody disputes should be handled. However, these laws can be complex, and understanding how they apply to your case may require legal guidance.
If you are dealing with an interstate custody dispute, our Marietta child custody attorneys can help protect your rights and guide you through the legal process.
Yes, child custody orders can’t always account for every life change that happens to a family. Therefore, child custody plans and visitation orders can be amended. To amend these orders, you will have to file a petition for post-judgment modification.
The court may make a modification to your custody or visitation agreement when it finds that material changes have occurred that could affect the child’s best interests. The judge will look to see whether one or both parents have experienced a substantial change in circumstance. The judge will have discretion over the determination.
Generally, a parent may seek a custody modification due to any of the following changes:
One parent is relocating to a distant place
The child is 14 or older and wants to live with the other parent
Evidence that one parent is unfit
A child’s needs have changed significantly
A parent or child will have long-term changes to their schedules
Contact our experienced Marietta child custody attorneys today to learn more about how we can protect your legal rights and interests.
If one parent refuses to abide by the terms and conditions of a custody or visitation order, the other parent can seek to have the order enforced by the court. Typically, the non-offending parent will file a “contempt order ” with the court.
A court can take any of the following actions:
Order make-up parenting time
Order the offending parent to pay court costs and expenses
Order parenting classes
Order a change in transportation
Hold the offending parent in contempt of court, which could result in fines and jail time.
A court will not order a custody change during a contempt hearing. However, repeated violations of a custody or visitation order may provide grounds for a change in custody.
Parental Alienation in Georgia
Parental alienation occurs when one parent (typically the custodial parent) takes actions to alienate their child from the other parent. Such alienation may involve a refusal to provide visitation time to the parent or manipulating the visitation rules. It can also involve open criticism, blame for the divorce, and other unpleasant attitudes toward the alienated parent.
Sometimes, parental alienation is intentional; sometimes, it results from carelessness. Parental alienation can be emotionally damaging to a child and cause serious harm to their relationship with both parents.
Georgia recognizes that, in most cases, it is in children’s best interests to have a relationship with both their parents. Therefore, courts will encourage continued contact and relationship between a child and both parents. If a parent is found responsible for parental alienation, they might give the court justification to modify the custody order.
Contact an experienced lawyer if you suspect your child’s other parent is engaging in parental alienation.
Your relationship with your children is important. Therefore, you should have experienced legal representation to help you seek child custody. Better Law can handle all aspects of your child custody case.
We can work with your child’s other parents to reach a custody agreement that satisfies all parties. If this fails, we can advocate for your interests in court and gather evidence that custody with you is in the best interest of your child.
Contact us today to schedule a consultation to discuss your case. Our Marietta child custody lawyers are ready to help you come up with a plan to protect your rights to your child and achieve all your goals for your family law case.
Marietta Child Custody Resources Marietta, GA Child Custody Client Review The team at Bradley McKnight Law really go the extra mile for their clients. They are very knowledgeable when it comes to family law. I’ve had the pleasure of working with them for the past couple of months, and they have done a fantastic job. They are well prepared every time we step into the courtroom. They actually listen to their clients and formulate a plan based on your needs. They are hands down the best I’ve ever seen.
Marcus Manning.
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