Summary
This guide explains how child custody cases work in Georgia family law courts and when working with a family lawyer for custody cases can make a meaningful difference. Readers will learn what the law requires, what judges prioritize, and how to avoid common mistakes that can harm a custody case.
- Parents are not legally required to hire a family lawyer for custody cases in Georgia, but legal guidance is strongly recommended.
- Emergency custody cases are time-sensitive and often benefit from an attorney's help with motions and evidence.
- Common custody mistakes include bad-mouthing the other parent, ignoring a child's best interests, and appearing disengaged.
- Judges focus on the child's health, safety, stability, and each parent's ability to co-parent effectively.
- Experienced family law attorneys can help navigate complex procedures and build a strong custody case.
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Child custody is a key part of divorce cases when a couple has children, as well as a possible source of disputes between parents after a divorce has been settled.
In limited circumstances, grandparents may seek custody of minor children related to them. And, when unmarried couples have children, fathers need to establish custody through the court in a process called legitimation. A family lawyer for custody cases is often needed to navigate the court system and provide legal guidance to clients.
This is all to say that there are many situations related to child custody and family courts in Georgia where parents and others have important questions. Keep reading to find answers to some of the most frequently asked questions about custody cases in Georgia.
Looking for more information? Read more answers to FAQs about child custody from our team.
Frequently Asked Questions About Custody Cases in Georgia
Do you need a lawyer for custody cases in Georgia?
Parents (and others who may seek custody of minor children) are not required to have a lawyer for custody agreements, custody cases, and similar matters. No state law mandates that parents have legal representation in custody cases.
However, an experienced and capable family law and custody attorney can offer useful support and guidance throughout the child custody process. The State of Georgia recommends seeking legal advice before petitioning for child custody.
The legal system is complex, to say the least. The right lawyer can help a parent navigate the child custody process and handle the many legal details. Family law attorneys can also guide both parents in developing a parenting plan when parents take a collaborative approach to custody.
Do you need a lawyer for emergency custody cases in Georgia?
Georgia does not require parents to have an attorney when seeking emergency custody of their child.
However, emergency custody cases are time-sensitive by nature and center on the immediate health and well-being of the child or children involved. That means having the support of a professional who understands the legal system in general, and family law specifically, can be very valuable.
A capable family lawyer for custody cases can help with moving a motion through the legal system as well as with collecting and presenting evidence to support emergency custody.
What is the biggest mistake in a custody case?
While it's difficult to single out one error as the single biggest or most damaging in a custody case, there are several mistakes that parents should keep in mind and work to avoid. Certain actions can negatively influence your soon-to-be ex-partner, harming a resolution-focused approach to custody, as well as negatively influence the court.
These serious errors in custody cases include:
- Speaking badly about or insulting the other parent, whether in front of your children or where it can be seen on social media. Family courts can view this as a sign of poor judgment and damaging to children, harming your case.
- Ignoring your child's needs and best interests. The court's top priority is the best interests of the child in every custody case, as Georgia Legal Aid points out. Your own desires and wishes should not be completely ignored in custody cases, but focusing too much on them can harm your position in the eyes of the court.
- Failing to be an engaged, active, and interested parent. A lack of interest in and knowledge of your child can make it appear as if you lack commitment, which could influence the court's decision about custody.
What do judges look for in child custody cases in Georgia?
In every child custody case, judges focus on the best interests of the child or children involved. That means their primary goal is to ensure the health, safety, and well-being of the child, as well as put them in a strong position to develop and grow into adulthood.
Judges consider parents in this context, taking their physical and mental health, history of involvement with the child, ability to provide a loving and stable environment, willingness to co-parent with their ex-spouse, history of providing care, and more, into account.
Ultimately, judges tend to favor parents who put their children first over parents who are prone to conflict, cannot provide love and stability, or who are generally uninvolved in their children's lives.
Finding a Family Lawyer for Custody Cases
Meriwether & Tharp, LLC, offers our clients a team of experienced and capable attorneys and support staff that focus on family law. We can help you work through the complexities of Georgia's legal system and present a strong case for child custody. Learn more by scheduling a free consultation today.