Child custody disputes in Georgia divorces can easily be the most contested issue. These disagreements over custody can be extremely burdensome for the parents and children. The natural emotions that are involved in resolving child custody disputes can be very heavy to bear, and every parent should have a skilled attorney to guide them along the way.

Legal Custody v. Physical Custody

In it’s true form, there are two types of custody under Georgia law: legal custody and physical custody. “Legal custody” refers to the parents’ rights to access information pertaining to the children and make decisions for the children. “Physical custody” refers to the actual parenting time calendar the parents will share with the children and designate the household where the children will primarily reside. These types of custody can be “sole” and “joint.” There are many common phrases that are used in the child custody context, such as “full custody,” which does not necessarily translate into the legal definitions of custody. In its true form, “sole” custody means that one parent has all of the rights to a child, irrespective of the other parent’s rights and involvement. Most cases involve “joint” custody, meaning both parents have rights to the children. “Joint” custody does not necessarily mean “equal” or 50/50 custody. Under the joint custody arrangement, one parent can be the “primary” custodian of the children, subject to the other parent’s rights.

Best Interest of the Child Standard

In Georgia, child custody issues are resolved based on what is in the best interests of the child. The legislature crafted a “best interest of the child” test, which requires consideration of several elements impacting the child. For instance, each party’s historical involvement in raising the child, each party’s familiarity with the child’s needs, and the party’s willingness to facilitate a loving relationship between the child and the other parent, are heavily considered.

Many parents are eventually able to agree on the child custody provisions, both legal and physical, even if it does not happen quickly. If the parents are unable to agree, many judges will appoint a Guardian ad Litem to investigate the best interests of the children. The Guardian ad Litem (or GAL), will conduct an investigation and make recommendations on what legal and physical custody arrangements should be considered for the child.

Once legal and physical custody is resolved, either by agreement or court order, the terms will be outlined in a Parenting Plan. No family should be resigned to a “boilerplate” Parenting Plan. Many families return to court on contempt actions and modifications when the Parenting Plan is poorly drafted or does not consider the family’s needs. The Parenting Plan should be tailored to your family and your children based on your children’s ages, where the parties will reside, their work schedules, the children’s schedules, any disabilities or special considerations for a child, your family’s holiday traditions and customs, and how well you and your co-parent communicate. We will help you craft a Parenting Plan that best suits the needs of your child to best protect your future.

It is important to carefully consider the best interest for your child  in making these important decisions, especially when you are in a child custody dispute, and we can help. The Leonard Firm will guide you in resolving your custody dispute and make sure that the best interest of your child is served. In cases where an agreement on custodial arrangements with the other parent can be reached, allow us to review and formalize the agreement to ensure that it is enforceable, complete and is geared to prevent future disputes. In cases where a judge will make the determination of custody arrangements, we can help with focused, prepared representation to protect your interests in court. Whatever your goal may be, we will work side by side with you with an aim of achieving it. We will be honest with you about any weaknesses in your case, guide you through difficulties that may arise, and make sure you are as prepared as possible throughout the process.

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