Athens Georgia Child Custody Lawyer

Are you involved in a child custody case in the Athens GA area?  Then call the Athens Georgia law offices of (Athensfirmname). Our family lawyers are experienced in GA child custody cases.

Who gets custody of our children?

The courts in Georgia don’t automatically favor one parent over another, and either the father or mother could be granted custody of your minor children. The judge or the attorney will work out the custody of your children if you and your spouse can’t agree.  The goal of the court is to formulate a custody plan that is in the best interest of the minor children, not the parents.  Until this plan can be worked out, you and your spouse will probably share custody of the children.

If any of your minor children are aged 14 or above, they are normally allowed to choose which parent they want to live with. While children under the age of 14 may talk to the judge and express their wishes, the judge will consider many other factors before deciding which parent to place the children with. The ability of each of the parents to take care of the minor children is a key determining factor in the judge’s final decision of which parent will get primary custody.

Do I have to use an attorney in my child custody case?

If as a couple you can’t agree on who should have custody, and the terms of the custody, you and your spouse should both have an attorney. In some cases, the court may appoint an attorney or a guardian ad litem, to represent your child.

Is there a difference between physical and legal custody?

If your home is the child’s primary residence, then you have physical custody. You have the obligation and the right to make every day decisions for that child.

If you have the right to make long-term decisions regarding that child, then you have legal custody. The parent with legal custody may determine what schools and churches the child attends, as well as what activities that child participates in such as sports, or other extra-curricular activities. The legal custodian also has the right to decide any other significant aspects of that child’s life.

I was awarded sole custody. What does that mean?

It means you have both physical and legal custody of the child or children.

The judge ordered split custody of our minor children. What is that?

Split custody is when two or more children are split up and each parent gets custody of one or more of the minor children. In many cases, this is the right decision and the judge bases his decision of split custody on factors such as age, gender, and what the children’s preferences are.

What is joint custody?

Joint custody is when you and your spouse share custody of the minor child or children. The two forms of joint custody are: joint legal custody and joint physical custody.

In joint legal custody both parents have equal rights and responsibilities for all major decisions that involve the child or children. Joint physical custody means that the parents have the same amount of time with the minor children, or at least 35 percent of their time with each parent. Keep in mind that every case is different and the combination of joint physical and legal custody could be in the best interests of the minor child or children.

You and your spouse will have to come to some form of agreement that specifically states how disputes will be handled if you can’t agree or if one of you is not available when there has to be a decision. The judge will review any joint custody agreement very carefully to make sure that the child’s best interests are being served. The judge may look at the stability of the child’s life under the agreement, and will also consider each parent’s employment and fitness to parent the child or children properly.

The court will consider other factors before reaching a decision on joint legal and physical custody of any minor children. The judge will consider how willing each of you are to resolve any issues regarding the children, and make sure that neither of you are using the children as pawns or giving custody concessions to resolve other disputed issues in the divorce. The judge has the option to dismiss the joint physical and legal custody agreement you and your spouse have decided on if the judge feels the agreement is not serving the children’s best interests.

If you’re receiving any form of government assistance such as AFDC or Medical Assistance, you should consult with your social worker before any joint legal custody agreement is finalized.

What does a judge take into consideration when determining custody?

There are many factors a judge will look at to formulate a joint physical and legal custody plan that is in the best interests of the minor child or children. Some of the most common factors are:

Which parent feeds, dresses, bathes, and cares for the child the majority of the time. This person is referred to as the primary caregiver.

Parental fitness: The judge will consider which parent has the physical and psychological ability to best parent the minor child or children. If you or your spouse has abused the child or any other child in their home, they may be found to be unfit to have custody of the child.

Maintaining family relationships: The judge will look at whether or not the parent has the ability and desire to allow the children to maintain any relationships with other relatives such as aunts, uncles, grandparents, cousins, etc. The judge will also consider if one parent is constantly trying to disrupt the child’s relationship with the other parent.

Parent’s employment:  If one of you works long hours or is required to travel extensively for their job, that fact could come into play when a judge is working up a joint physical and legal custody agreement.

The child’s age, health and personal preferences: The judge could rule that the child’s age, gender, and health would make living with one parent over the other one more appropriate. The judge may also take into consideration the personal preferences of the child or children involved. The age of the children plays a large part in how much weight the judge gives to a child’s personal preference. Young children are often considered too immature to make that type of decision rationally.

The homes of the parents: The judge will look at the living conditions of each of the parents and the neighborhoods the parents reside in when making any decision about joint legal and physical custody. The judge must consider which home and neighborhood is most appropriate for the children.

Previous child abandonment: If one of the parents abandoned the child in the past, this could have a direct impact on the judge’s decision regarding legal and physical custody.

Can a custody order be changed?

Every day the court hears cases brought by parents who want to change their custody orders. In order to have the court change or modify a custody order, the parent must show that there is a legitimate reason to do so. The judge’s objective is to make sure the welfare and stability of the child or children is being maintained and could be hesitant to change a child’s environment without a valid reason.

Simply stating that your house is just as good or better than the other parent’s home isn’t good enough. You must show that there is something in the other parent’s home that is having a negative impact on the child or children, and that this is a situation that has arisen since the original custody order was put into place.

If a child is aged 16 or over, they can ask the court to change the custody order but has to prove to the court that this change is in their best interest.

The court that originally issued the child custody agreement has the jurisdiction over any requested changes to that agreement. In some cases that jurisdiction can be moved to a different court if the children have moved to another court’s jurisdiction. However, that move must have been approved by the court, and if the child or children were moved in violation of the court’s order, the court that issued that order will probably maintain the jurisdiction and issue an order that the child or children be brought back into their jurisdiction.

What court will my child custody case take place in?

The Uniform Child Custody Jurisdiction Act that applies to every state in the United States. This Act requires that any child custody case must be heard in the court that has jurisdiction over that child, or that the child is most closely associated with. This means the court in the county the child resides in, but if the child has moved in the past six months, the court could rule that the court in the county the child previously resided in has jurisdiction over the child custody case.

The formulas to determine jurisdiction by a court in a child custody case are complicated when the child has moved recently. The court will consider where each parent lives, works, pays their taxes, votes, and where the child has most recently attended school. It may also consider where the child’s school and medical records are located, and where important people who can testify in court, if needed, reside. The reasons the child has moved out of Georgia may be considered also. If the child is in Georgia and has been abandoned, or in need of emergency protection because the court suspects the child may be being abused or neglected, the court in Georgia will handle the case.

If a court in another state has ruled that a court in Georgia has jurisdiction in the child custody case, the court will hear it automatically.

Do I still have rights as a parent if I am not married to the child’s mother?

When the parents of a child aren’t married, the child belongs to the mother, unless you decide to sue for parental rights and can prove paternity. This is called a “filiation” suit. If the mother of the child doesn’t contest that you’re the father of the child, you can establish paternity orally or in writing without having to take a paternity test. You can also establish paternity by marrying the mother and taking the child as your own. A filiation suit is not a requirement to seek custody, but in some cases, it may be necessary, especially if the mother is contesting that you’re the father. A qualified attorney can help you with this matter.

Does custody affect my taxes?

If you have custody of your minor child or children you can claim them as a dependent on your income tax. In some cases, the parents decide to share claiming the child or children as dependents in alternating years. To do that, you will need to file a Form 8322 called a Release of Claim to Exemption. Child support cannot be deducted from your income tax.

Call (Athensfirmname), experienced  Athens Georgia child custody lawyers, if you need representation in a Georgia child custody case.  We can be reached at (706-phone) or by filling out the form at the right.  From their offices in Athens GA, the lawyers at (Athensfirmname) handles family law cases in the Athens-Clarke County area.