In the state of Georgia, you will find there are two types of custody: legal and physical. Both legal custody and physical custody are shared between the parents in many cases. Typically it is the parents that are granted joint legal custody. This means that the parents are required to share in making decisions regarding their offspring. In these cases, the parents have equal rights to the educational and medical records of the child.
One custodian will ultimately receive final authority in making decisions during times when a mutual decision cannot be reached between the two parties. The final decision-making typically goes to the custodian with the primary physical custody.
In most cases, physical custody is also shared. Normally, however, there is merely one person selected as the primary physical custodian, and the other is designated as a secondary physical custodian. Legal courts make a determination based on some factors regarding physical custody, most importantly who was considered the primary caregiver of the child/children within the duration of the marriage.
In Georgia, if you do face an issue of child custody, perhaps it may be best to make sure you have an attorney from a law firm specializing in child custody to help secure your legal rights.
We talked to the team at Southern Piedmont Law, and they told us that these are some of the most common questions they will work to answer for their clients who are seeking a fair and equitable decision in family law matters:
What is the financial situation of each parent or guardian?
The courts will need to be sure that the parent or guardian is able to provide the child with essentials like food and shelter with reliability. If a parent does not have the financial stability that suits the court’s expectations, this will play a role in the final decision. Be sure that you have clear proof of your finances that can help the courts understand your financial health while determining custody arrangements.
What type of custody arrangement are the parents or guardians seeking?
Family courts want to work with the parents or guardians as much as possible to reach an agreement that works for everyone. If each parent or guardian has indicated a willingness to work together, especially if they have an arrangement in mind already, the courts will confirm that this arrangement is in the best interests of the children before approving or making amendments.
What is the relationship like between the parents or guardians?
If parents or guardians have open communications and a willingness to collaborate for the child’s best interests, the courts will look at this favorably when deciding about how to divide legal and physical custody. Both arrangements require open communication and a willingness to work together to keep these arrangements working smoothly. If parents are unwilling or unable to communicate productively, it may indicate that collaborating on certain custody arrangements may be difficult.
Are there any other legal arrangements that the courts should know about?
If the guardians already have custody agreements, whether court-mandated or unofficial, the judge will want to know about these arrangements in order to get a clearer understanding of what is either working or is not working. It does not make sense for a judge to issue a custody arrangement with aspects that are already not working beforehand, so for the sake of expediency and fairness, all of these issues should be presented.
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