Child Custody
If you have children,
custody can be one of the most important—if not the most important—factor in
your divorce. Physical custody refers to actual
time with the child, and legal custody refers to access to
information and decision-making authority for decisions concerning the child.
In regard to physical
custody, time with both parents, especially for younger children, is
considerably valuable and a custody arrangement can play a huge role as it
provides parents with their rights and the accepted minimum amount of time
spent with their child.
In a great number of
custody disputes, both parents are able to come to a resolution for the rights
and responsibilities of their children. Still, judicial action may be required
in some cases to set a custody arrangement into place. Even today, there is still
a social stigma around separation that mothers are more likely to get custody.
In spite of this belief, Georgia law makes it clear that there is no preference
or presumption in favor of either the father or the mother in custody cases.
Joint Custody
In some cases,
parents are awarded joint physical custody of their minor
children. Georgia defines joint physical custody as custody "shared by the
parents in such a way as to assure the child of substantially equal time and
contact with both parents." Joint physical custody may mean that both
parents have 50-50 custody of their child or children, but it may also mean
that one parent has a little more time than the other party.
Common Custody Plans
Though 50-50 or joint
physical custody is becoming more common, in Georgia the courts tend to favor one party to have primary physical custody of the minor child(ren). This is often he case because stability is favored for the
child, and having a primary home often provides such stability and avoids
potential concerns with too much 'back and forth' or parenting time exchange
issues for the child.
Primary physical
custody means one party will have custody of the minor child on a
day-to-day/regular basis through the week, and the other party will receive
parenting time for shorter periods of consecutive days—typically, this
parenting time will consist of certain weekends and sometimes for an additional
short period during the week (for dinner or perhaps overnight).
The policy of the
state of Georgia is to encourage parents to share in the rights and
responsibilities of raising their child after such parents have separated. Georgia
courts have stressed the importance of a child's right to equal access and
opportunity with both parents, the right to be guided and nurtured by both
parents, and the right to have major decisions made by the application of both
parents' wisdom, judgment and experience.
However, Georgia law lays out another one of Georgia's policies, which
is that the trial court's primary consideration in deciding custody matters
must be directed to the best interests of the child involved and must be made
on a case-by-case basis.
With the child or
children's best interest in mind, the trial court judge may award several
different possible custody arrangements including
joint physical, primary custody, sole custody or a variation of physical
custody with sole or joint legal custody of the minor child or children. In
Georgia, a parent receiving sole physical custody is rare and only granted
under narrow (and usually, extreme) circumstances.
Regardless of what
custody arrangements are commonly awarded, every family is different, and every
child is different, too. When reaching a resolution on a custody agreement, it
is important to keep in mind not only what works for your family, but what is
best for your child. Ultimately, the guiding and determining standard is what
is in the best interest of the child(ren).
Written by: Savannah Lane Orange