Marietta Child Custody Attorney

How Child Custody Is Determined in Georgia

Georgia courts strongly prefer to allow both parents to maintain a strong and meaningful relationship with their children following a divorce. As a result, they will often rule in favor of an arrangement which grants both parties as much parenting time as possible whenever this is in the best interests of the children. There is no cut-and-dry rule for determining who receives custody, and it is largely determined by how well each parent presents their case to the judge. However, the court is required to put the best interest of the child first when making a decision regarding custody.

The courts will often take the following factors into consideration:

• The relationship between the child and their parents
• The ability of each parent to care for the child financially
• The flexibility of each parent's employment schedule
• Each parent's prior involvement in the child's life
• The mental and physical health of both parents
• The safety of each parent's home environment
• Evidence of alcohol / substance abuse or violence

What Goes Into a Parenting Plan?

According to Georgia Code § 19-9-1, both you and your spouse – either together or separately – will be required to submit a parenting plan to the court. The plan must reflect your acknowledgement of the importance that both you and the other spouse will be able to continue a relationship with the children, and must be flexible in accommodating changes in the children's needs, now and in the future.

It will also plan out a schedule for where the children will spend holidays and vacations, as well as a routine schedule of where the children will live and how you and the other parent will facilitate transportation between households. Of primary importance is the delegation of decision making authority on matters such as education, healthcare and religion. Let our divorce attorneys in Marietta help you through the process.

Make Modifications to Your Custody Arrangement

If your current child custody agreement is hurting your relationship with your child, you may be able to petition a court to modify the order. When making decisions on family law issues, judges will always try to keep the best interests of the child in mind. Our divorce lawyers in Marietta can assist parents demonstrate the positive role they play in the child's life. Get help today and begin taking steps to protect your children's future and establish a fair custody arrangement.

Learn more about modification here, or call us today at 888-896-1973! 

Facing a Custody Battle? Let Us Help You Through It.

While many divorcing couples agree to share custody, disputes over child custody are common. In fact, they are often one of the most contentious issues involved in a divorce. When this occurs, the judge has the power to rule under Georgia Code § 19-9-3 and will weigh factors such as each parent's bonds of love and affection with the children, each parent's ability to supply a safe home environment and provide for the children's needs, as well as past performance of parenting responsibilities.

Neither parent will automatically receive custody; both the mother's rights and the father's rights will be weighed equally. A Marietta divorce lawyer from Henrickson & Sereebutra can meet with you in a free consultation to discuss your concerns regarding custody and explain legal strategies for protecting your rights in the situation. We have been practicing family law for more than a decade, so you can trust that your future, and that of your child, will be in capable hands when you come to us for help.

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