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What is the Most Common Child Custody Arrangement?

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

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Child Custody
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