Barrow County Child Custody Attorneys

A divorce settlement in Georgia will determine physical custody and legal custody.

One parent will typically become the “primary custodial parent” even if both parents share physical and legal custody. The primary custodial parent will generally be the one that spends more time with the child, and they will have final decision-making authority in a disagreement. 

Physical Custody

A child will live with the parent who has physical custody. 

In some cases, a parent will have sole physical custody, while in others, both parties may “share” custody in a joint physical custody arrangement. 

Legal Custody

When someone has legal custody of a child, they can make decisions on that child’s behalf. 

A parent with legal custody gets a say in religious, educational, financial, legal, and medical decisions involving the child. Georgia courts will often attempt to grant legal custody to both parents. 

• Related:  Child Custody and Support: Best Interest of the Child

How Child Custody Is Decided in Georgia

A Georgia judge will consider what is in the child’s best interests when deciding child custody arrangements. Each parent will also be expected to submit a “parenting plan” that proposes their preferred custodial arrangement and explains how they will meet their child’s needs. 

In determining what is in the best interests of the child, a Georgia judge will consider:

• The preference of the child if they are at least 11 years old
• The health and stability of each parent
• The financial circumstances of each parent, particularly their ability to provide for the child
• Each parent’s relationship to the child
• Each parent’s understanding of their child’s unique needs
• Each parent’s level of involvement in the child’s education
• The presence of and the relationship between the child and any siblings, stepsiblings, or half-siblings who live with either parent
• The perceived willingness of each parent to support a healthy relationship between the child and the other parent
• Any history of criminal misconduct, domestic violence, neglect, or substance abuse that has adversely impacted the child’s well-being or could impact it in the future

With so much at stake, custody battles can quickly get ugly. Your former spouse or their legal representatives may say cruel things if it allows them to advance their position. Our Barrow County child custody attorneys can guide you through this emotional turbulence and provide the advocacy you need to stay focused on your plans and goals for your children. 

• Related: What Are My Rights to Child Custody as a Divorcing Father?

Common Mistakes in Child Custody Cases

Navigating through a child custody case can be an emotionally draining experience, leading even the most well-intentioned parents to make critical mistakes. These errors can inadvertently harm their case and, consequently, their relationship with their children. Among these common missteps are failing to comply with current custody orders, engaging in disparaging communication about the other parent in front of the child, neglecting to document interactions and agreements, and letting emotions drive legal decisions. Additionally, overlooking the child's needs in favor of winning the custody battle can not only adversely affect the outcome but also the child's well-being.

The Role of a Child Custody Attorney in Avoiding Mistakes

A skilled child custody attorney plays an invaluable role in guiding parents through the complexities of custody battles while helping to sidestep these common pitfalls. By ensuring that you understand the legal process and what is expected of you, an attorney can help you maintain a clear, objective focus on your child’s best interests. They can provide legal advice on how to properly document communications and agreements, represent you in negotiations to reach amicable solutions, and advocate on your behalf in court, if necessary. Most crucially, a child custody lawyer can offer the emotional support and legal counsel needed to make informed decisions that favor the well-being of your children and maintain your parental rights. With their expertise, you can avoid actions that might negatively impact your custody case, thus positioning you for a more favorable outcome.

Modifying an Existing Child Custody Arrangement in Georgia

Child custody orders do not have a set expiration date and will in most cases remain in place until the applicable child or children turn 18. There are circumstances, however, where you can successfully modify an existing child custody order. However, you cannot modify an existing arrangement just because you feel the judge made the wrong decision. 

To request a modification to a child custody arrangement, you will need to prove that there has been a substantial change in circumstances. This will involve showing sufficient evidence to the court that the circumstances have changed so much that it has become necessary to change custody from one spouse to the other. You will also need to convince the court that the proposed change is in the best interests of the child. 

Examples of substantial changes in circumstances include:

• The custodial parent becomes seriously ill or injured and is therefore unable to adequately care for the child
• The custodial parent suffers serious financial losses and is consequently unable to provide for the child’s essential needs
• The custodial parent intends to move an unreasonable distance away from the noncustodial parent
• The custodial parent develops a serious substance abuse problem or begins to abuse or neglect the child

Our family lawyers at the Mitchell & Crunk Law Firm understands that the safety and well-being of your child or children come first. Our Barrow County child custody lawyers can efficiently review your situation and advise whether new developments may enable a change to your current arrangement. We are prepared to request an emergency hearing with short notice if you fear your ex-spouse is no longer capable of adequately caring for your child or children.

Schedule a free consultation to explore whether you may be able to modify your existing child custody order. Call (678) 701-6252 or contact a custody lawyer online.

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