Divorce filings skyrocket the beginning of the year.  If you’re seeking a divorce and have children, you need to carefully consider child custody issues and the laws that surround them.  Each state has different laws, also known as statutes, and they are quite complex.  Child custody lawyers specialize in this type of legal proceeding, so if you can afford an attorney, it is very important to find one that has experience in this area.

For divorcing parents, the  issue of custody is one of the first considerations after the decision to formally end a marriage. In an ideal world, both parents would work together to decide which type of custody would be best for the children, but that is not always the case.

There are several types of child custody recognized under Georgia law that can be broadly classified, as explained below:

•  Sole Custody: The child will live with and be under the supervision of one parent. The presiding judge will review any visitation plan for the non-custodial parent and may or may not grant approval.  The non-custodial parent has no legal authority over the child.
• Joint Physical Custody: Both parents will work together raising the child and have relatively equal periods of physical custody. Parents will make decisions on medical care, religious upbringing, education and share legal custody of the child.
• Joint Leagal Custoday: One parent is the Physical Custodian/Custodial Parent.  Both parents have legal authority over the child and access to all the child’s records.

Information to Keep in Mind 

• Child Support: Child support is mandatory in any divorce involving a minor child, even if the other parent is unemployed or cannot be found.
• Judges and Your Child: Judges do their best to put the best interests of the child first; they will listen to both sides and consider the child’s health, welfare and overall situation before determining custody. Judges don’t like to force change onto children, unless it is absolutely necessary.
• Judges and Parents: Judges want divorcing parents to look past their hard feelings for each other and make sure their children have time with both of them. Children benefit greatly when both parents are active in their lives.
• Children’s Preferences: Once the child reaches the age of 14, through the court, they can decide which parent they choose to live with and can change their decision of custody every two years.  
• Judges Consider Domestic Violence: If there is an established pattern of domestic violence, judges will consider the history before making any final custody decisions.  False accusations of domestic violence can work against the person making the claim.
• Some Issues Don’t Affect Custody: Spouses sometimes try to make each other look of poor moral character by bringing up past bad behavior. As a general rule, behavior that doesn’t have a negative direct effect on a child, typically doesn’t influence a judge.   But, behavior that could endanger a child such as a parent drinking and driving, using drugs or a propensity to use violence, will most likely warrant further consideration.

While divorce is emotionally painful for all parties involved, special care should be given to lessen the impact on children.  Seek qualified, experienced child custody lawyers to help guide you through the law and protect your most valuable asset, your children.

Remember, information found on the Gerstenberger Law site is for educational purposes only. Your situation and the situation of others is unique and more complex. This is neither legal advice nor to be considered legal advice. Contact us for advice about your specific situation.