Child custody cases can be complicated as there are different laws governing them. The state of Georgia has a unique set of laws that can influence the court’s decisions in child custody cases. These cases are settled on the basis of the child or children’s best interests.
However, as the laws are complex, it is prudent to seek legal counsel for proper guidance and direction. USAttorneys.com can help you engage one of the most qualified child custody legal professionals, who is only a few clicks or a call away.
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Understanding child custody laws in Georgia
It is paramount to fully understand the implication of child custody laws in the state. The main tenet followed by the courts in Georgia is equal parenting rights, which entails that the courts will not favor one parent over the other when it comes to deciding child custody.
In many cases, the court may decide to grant joint custody to both the parents. In other cases, it may grant sole custody to one parent. However, the gender of the parent is not used as a decisive factor when making such decisions.
It is also critical to understand the different types of custody decided by the courts. There are two main types of custody, namely legal custody or physical custody. Legal custody bestows upon a parent the right to take important decisions regarding the child. If a court grants joint custody to parents, then in such cases, both the parents have equal rights to make a decision related to the child.
Physical custody of a child implies that the parent who is granted such custody will host the child or children. Such custody may also be joint among the parents. In such cases, both the parents will have equal time to share with their children.
These cases tend to get complicated if both the parents have joint legal custody but only one parent is given physical custody. In such cases, the parent with physical custody will be entitled to make decisions regarding the child if any need arises. If both types of custody are joint, then the parent with whom the child was living at the time will have the authority to make decisions.
These decisions can entail topics along the lines of the following:
- What sport a child plays, football for instance
- Should the child or children go to church, Catholic mass for example
- What school the child should attend
- What extra-curricular activities should the child be engaged in
- Can the child hang out with these particular kids
- What shows and movies should this child watch
- What type of diet the child should enjoy
- And there are more decisions on top of these
The court takes into account a number of factors while deciding child custody cases. These factors include the relationship between the parent and child, proximity of the parent’s residence to the child’s school and financial position of the parent.
Custody cases may lead to a wide range of arrangements such as:
- joint custody
- sole custody
- sole legal custody but joint physical custody
- and so on
In the state of Georgia, if a child is 14 years old or older then they have a say in the cases of physical custody. They may voice their opinion about preferring one parent over the other. However, the courts have the power to overrule a child’s preference and decide otherwise, for a variety of reasons!
Get the best possible legal help
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