Johns Creek Child Custody Lawyers
How to get Custody of your Child in Johns Creek
If you have kids, child custody is probably the most important issue to be resolved in your divorce. In Johns Creek and throughout Georgia, child custody breaks down into two parts, 1) time - how much time will you get with your child, and 2) say-so - will you have final say on certain decisions in your child's life? As you consider how to obtain custody, it is important to understand how Georgia courts determine child custody. Courts often prefer a custody arrangement which has been agreed upon by both parents, and will likely approve the agreement, so long as it furthers the best interest of the child. However, if the parents cannot agree, a Johns Creek child custody case will likely be decided by a judge in Fulton County or Gwinnett County. A parent should also understand the difference between legal and physical custody. Legal custody involves decision-making concerning the child, while physical custody relates to parenting time with the child.
If you're dealing with a child custody issue, you may wonder how to choose the best Johns Creek child custody lawyer for your case. Child custody is a complex area of law, so it is important to hire an attorney who specializes in family law and has extensive experience in handling custody cases. Meriwether & Tharp focuses exclusively on child custody, divorce, and family law, and has been assisting clients through difficult times for over 25 years. Call now for a free telephone consultation.
How Is Child Custody Decided in Johns Creek, Georgia?
If the parties can come to an agreement on how child custody
should break out, they may be able to settle that issue between themselves
without requiring a judge to decide for them. If the parties cannot agree, the court
will decide child custody. When determining child custody in Johns Creek, Georgia, the court prioritizes the best interests of the child
standard. This standard is often subject to debate, as what is considered best
for each child can vary significantly.
Georgia law outlines several factors that the court must consider to ensure the child's welfare and happiness, such as: the child's safety; each parent's mental and physical health; the overall home environment; physical abuse; substance abuse; emotional ties between the child and each parent, as well as with siblings; each parent's ability to meet the child's basic needs; historical involvement in the child's education, extracurricular activities, and overall upbringing; and the child's preferences, particularly for those aged 11 and older.
Ultimately, the court's decision is guided by what will best serve the child's overall well-being, with a focus on maintaining stability and promoting a healthy relationship with both parents. Child custody is arguably the most critical issue in a divorce. Determining custody or predicting how a judge would decide custody is extremely difficult since every situation is unique and different. It's best to call one of our experienced Johns Creek Child Custody Lawyers for assistance with getting custody of your children.
What are the Different Types of Custody?
Types of Custody in Johns Creek: Legal Custody
In Georgia, legal custody is the ability to make final decisions on certain aspects of your child's life. Legal custody determines which parent has the authority to make major decisions regarding the child's non-emergency health care, education, extracurricular activities, and religious upbringing. Legal custody can be granted solely to one parent or shared between both parents; a situation known as joint legal custody. The court determines legal custody based on the child's best interests, taking into account factors such as each parent's involvement and their ability to make sound decisions.
Even in cases of joint legal custody, one parent may be given final decision-making authority in certain areas, meaning that if the parents cannot agree, this parent has the final say. It is common for each parent to choose to be the final tie-breaker in 2 of the 4 decision-making areas. The division of decision-making responsibilities allows both parents to remain involved in their child's life, but it also necessitates clear communication and cooperation to ensure the child's needs are effectively met.
Types of Custody in Johns Creek: Physical Custody
Physical custody in Johns Creek and throughout Georgia refers to who "physically" has custody of the child at a given point in time. Ultimately, this refers to how the time with a minor child is allocated between parents. Physical custody determines where the child will physically reside and will likely vary with each unique case. Typically, physical custody is split between parents to some degree, with courts favoring arrangements which allow the child to maintain a relationship with both parents, provided the child's safety is not an issue.
Physical custody can take different forms: joint physical custody means the child spends a roughly equal amount of time with each parent, while primary physical custody means the child resides with one parent more than 50% of the time, establishing a primary home base. Sole physical custody is where the child lives almost exclusively with one parent, usually due to safety concerns with the other parent. The allocation of physical custody is based on the best interests of the child, and courts consider various factors in order to determine the most suitable arrangement. Click here to view sample child custody visitation charts. These charts will help you get an idea of what common custody schedules look like.