Child Custody
Child custody law is complicated in Atlanta. Whether you’re seeking sole custody of your child or you’ve agreed to share custody with your former partner, we strongly advise that you speak with a family law attorney prior to a child custody hearing. At Life Love Law, we provide affordable child custody attorney services to guide you through the process and help you make the best decisions for your children’s future.
Parenting Plan
A parenting plan is a legal agreement between you and your ex-partner which outlines how you both will care for and make decisions for your children. The goal of this document is to protect the best interests of the children and to encourage both parents to fulfill their responsibilities. Before any child custody hearing, it is highly recommended that you work together – either directly with mediation or separately through legal representatives – to craft this document.
Important details to include in the plan are:
- Custody: defining whether one parent will hold sole custody, with the other having visitation rights, or both parents will share joint custody and make decisions together on the children’s behalf
- Parenting Schedule: an outline that clearly defines which parent the children will be spending time with for each day of the year
- Agreements on how the children will spend holidays and vacations
- Proposals for transportation arrangements and drop-off points for when the children leave one parent to visit the other
- Agreements about how a parent may contact the children when they are in the other parent’s care
The judge in the custody proceedings will act with the involved children’s best interests in mind. They will listen to points made by both you and your former partner and carefully consider the children’s health, safety, and comfort. A parenting plan as defined above will be vital in making your case for your choices in the matter. It is important to remember that once the judge awards custody, the decision cannot be amended unless there is a significant change in family circumstances.
Judges may opt to grant either sole custody or joint custody, based upon the parents’ proposed plans and their own informed considerations for the children. Sole custody defines one individual as the custodial parent and the other as non-custodial: the judge may approve visitation rights for the non-custodial parent in this instance, but otherwise this individual cannot exercise legal authority on the children’s behalf. Joint custody, on the other hand, allows for both parents to share in their children’s legal and physical custody. This option allows for the opportunity to make decisions together about the children’s education, medical care, and religious upbringing, as well as enjoying roughly equal parenting time.
Be aware of the following:
When a child turns fourteen (14), they may choose which parent they wish to live with. They can request a change in custody once every two years thereafter.
At least 30 days before a move, a custodial parent must submit a letter to the non-custodial parent, or other family members with visitation rights, informing them of the new address.
Once every two (2) years the family law court may review and modify parent visitation rights, although custody rights may only be reviewed and modified if there has been a significant change in family circumstances.
Frequently Asked Questions
I’m a non-custodial parent but would like to get custody of my child. How would I do that?
- Changes in custody must be made by completing and filing a Petition for Change of Custody in the custodial parent’s county of residence. Custody can be altered if there has been a material change in family circumstances that you believe directly affects your child’s/children’s interests and well-being. Minor changes in living conditions, however, are unlikely to persuade a judge to approve a new custody decision.
Can grandparents be granted custody or visitation rights?
- Judges can and may award grandparents custodial or visitation rights; however, family law courts will consider the rights of the natural parents first. If either or both the mother and father are proven to be competent and are willing to care for the child or children in question, the judge will grant custody preferentially to them.
I’m a military parent and am being deployed. As my former partner and I have joint custody of our child, what do I need to do before departure?
- Within at least two weeks of receiving your deployment orders, you will need to send a letter to your former partner detailing how your service will affect your parenting time. Should you receive notice less than two weeks before your planned departure, you should send this same written letter as soon as possible. State law does permit temporary changes to parenting plans for military children, so it’s highly recommended that you consult with a family law attorney to understand how you may modify your parenting plan and who you can designate to care for your child or children.
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