Table of Contents

What is Custody?

How is Custody Determined in a Divorce

• Key Factors Considered by Georgia Courts
• Determining Custody in Uncontested Divorce
• Modification of Custody Orders

Rights and Responsibilities of a Custodial Parent

• Rights and Responsibilities of a Parent
• Role of FBA Law

Custody in the legal context regarding divorce and children, refers to the rights and responsibilities a parent or non-parent custodian has towards a child. It encompasses several aspects including child support enforcement, paternity, and two primary aspects: physical custody and legal custody.

• Physical Custody : This refers to where the child lives and the day-to-day care provided to them. When a parent is granted primary physical custody, it means that the child will primarily reside with that parent and exercise in a schedule of parenting time with the other parent. Joint physical custody, on the other hand, means that the child’s time is split between both parents’ homes more equally, often in a way that ensures the child has significant periods with each parent.
• Legal Custody : This pertains to the right to make major decisions about the child’s life. These decisions can include education, health care, religious upbringing, and extracurricular activities. Legal custody can be either sole or joint. Sole legal custody grants one parent the exclusive right to make all major decisions about the child’s life, while joint legal custody involves both parents in these decision-making processes. In most cases, parents will have joint legal custody.

In the context of divorce, determining custody is a critical issue. The primary consideration is always the best interest of the child, which includes factors like the child’s age, emotional and physical needs, the parental bond, and each parent’s ability to provide for the child. The goal is to ensure a stable, loving, and nurturing environment for the child post-divorce.

How is Custody Determined in a Divorce

In Georgia, when determining custody during a divorce, the primary focus is on the best interests of the child. The court considers several factors to ensure that the custody arrangement promotes the child’s welfare and happiness.

Key Factors Considered by Georgia Courts

• Parents’ Relationship with the Child : The court looks at the emotional bonds and ties between each parent and the child.
• Child’s Sibling Relationships : Importance is given to the child’s relationship with siblings or step-siblings and their residence.
• Parents’ Ability to Provide Upbringing and Education : The capacity of each parent to offer a harmonious upbringing and appropriate education is assessed.
• Provision of Basic Needs : The ability of each parent to provide necessities like food, clothing, and medical care is evaluated.
• Safety and Stability of Home Environment : The court examines the safety and stability of each parent’s home environment.
• Mental and Physical Health of Parents : The mental and physical well-being of each parent is a significant factor.
• Employment Schedules of Parents : The court considers each parent’s work schedule and its flexibility or limitations in caring for the child.
• Past and Future Parenting Performance : Assessment of each parent’s past performance and future potential in fulfilling parenting responsibilities.
• History of Abuse, Neglect, or Substance Abuse : Any evidence of family violence, abuse, neglect, or substance abuse by either parent is taken into account.
• Recommendations by Professionals : Inputs from court-appointed custody evaluators or Guardian Ad Litem are considered.

Determining Custody in Uncontested Divorce

Custody hearings become necessary when parents or non-parent custodians cannot amicably decide on the child’s living arrangements and care post-separation. They ensure that the child’s welfare is prioritized in the absence of mutual agreement. These hearings legally bind the parents or guardians to adhere to the court’s decision regarding the child’s upbringing, impacting family dynamics and responsibilities.

Modification of Custody Orders

Custody orders in Georgia can be modified if there are significant changes in circumstances, like a change in a parent’s financial situation, relocation, or changes in the child’s needs. Parents can also seek to modify visitation schedules, generally once every two years, without stating specific changes in circumstances.

Rights and Responsibilities of a Custodial Parent

The rights and responsibilities of a custodial parent in Georgia are multifaceted, primarily focusing on providing a stable, nurturing environment for the child and making significant life decisions. FBA Law can assist in understanding and navigating these responsibilities effectively.

Rights and Responsibilities of a Parent

• Decision-Making Power : In most cases, both parents have the right and responsibility to jointly discuss and confer about crucial decisions regarding the child’s upbringing. This includes decisions about education, healthcare, religion, and extracurricular activities. However, in all legal custody matters, the Court (or the parties, by agreement) will name which party is considered the Final Decision-Maker over the specific issues in the event the parties cannot come to a consensus.
• Physical Custody and Daily Care : Each party is responsible for the day-to-day care of the child while the child is in that parent’s care. This includes providing food, shelter, and clothing. In cases where one parent has primary physical custody, the custodial parent is likely to carry the lionshare of these duties by the simple fact that the child spends more time in that parent’s care.
• Financial Responsibilities : The custodial parent must cater to the child’s financial needs, which may be supported by child support payments from the non-custodial parent. This responsibility includes ensuring the child’s basic needs and educational and healthcare expenses are met.
• Fostering Relationships : The custodial parent must encourage and facilitate a positive relationship between the child and the non-custodial parent. This includes adhering to visitation schedules and co-parenting effectively to serve the best interests of the child.
• Access to Private Information : The custodial parent has the right to access important information about the child, such as educational records and medical information. In certain cases, both parents might have access to this information, depending on the custody arrangement.
• Legal Processes and Modifications : Custodial parents must comply with legal processes and court orders. If circumstances change significantly, the custodial parent may seek to modify the custody arrangement, but this must be done through proper legal channels.

In the context of divorce, determining custody is a critical issue. The primary consideration is always the best interest of the child, which includes factors like the child’s age, emotional and physical needs, the parental bond, and each parent’s ability to provide for the child. The goal is to ensure a stable, loving, and nurturing environment for the child post-divorce.

How is Custody Determined in a Divorce

In Georgia, when determining custody during a divorce, the primary focus is on the best interests of the child. The court considers several factors to ensure that the custody arrangement promotes the child’s welfare and happiness.

Key Factors Considered by Georgia Courts

• Parents’ Relationship with the Child : The court looks at the emotional bonds and ties between each parent and the child.
• Child’s Sibling Relationships : Importance is given to the child’s relationship with siblings or step-siblings and their residence.
• Parents’ Ability to Provide Upbringing and Education : The capacity of each parent to offer a harmonious upbringing and appropriate education is assessed.
• Provision of Basic Needs : The ability of each parent to provide necessities like food, clothing, and medical care is evaluated.
• Safety and Stability of Home Environment : The court examines the safety and stability of each parent’s home environment.
• Mental and Physical Health of Parents : The mental and physical well-being of each parent is a significant factor.
• Employment Schedules of Parents : The court considers each parent’s work schedule and its flexibility or limitations in caring for the child.
• Past and Future Parenting Performance : Assessment of each parent’s past performance and future potential in fulfilling parenting responsibilities.
• History of Abuse, Neglect, or Substance Abuse : Any evidence of family violence, abuse, neglect, or substance abuse by either parent is taken into account.
• Recommendations by Professionals : Inputs from court-appointed custody evaluators or Guardian Ad Litem are considered.

Determining Custody in Uncontested Divorce

If a divorce is uncontested, this means that the parties have agreed to all items at issue in the divorce, including agreeing on a parenting plan that includes both custody and visitation schedules. Before finalizing the custody arrangements, parents must attend a seminar focused on assisting their children through the changing family dynamics.

Modification of Custody Orders

Custody orders in Georgia can be modified if there are significant changes in circumstances, like a change in a parent’s financial situation, relocation, or changes in the child’s needs. Parents can also seek to modify visitation schedules, generally once every two years, without stating specific changes in circumstances.

Rights and Responsibilities of a Custodial Parent

The rights and responsibilities of a custodial parent in Georgia are multifaceted, primarily focusing on providing a stable, nurturing environment for the child and making significant life decisions. FBA Law can assist in understanding and navigating these responsibilities effectively.

Rights and Responsibilities of a Parent

• Decision-Making Power : In most cases, both parents have the right and responsibility to jointly discuss and confer about crucial decisions regarding the child’s upbringing. This includes decisions about education, healthcare, religion, and extracurricular activities. However, in all legal custody matters, the Court (or the parties, by agreement) will name which party is considered the Final Decision-Maker over the specific issues in the event the parties cannot come to a consensus.
• Physical Custody and Daily Care : Each party is responsible for the day-to-day care of the child while the child is in that parent’s care. This includes providing food, shelter, and clothing. In cases where one parent has primary physical custody, the custodial parent is likely to carry the lionshare of these duties by the simple fact that the child spends more time in that parent’s care.
• Financial Responsibilities : The custodial parent must cater to the child’s financial needs, which may be supported by child support payments from the non-custodial parent. This responsibility includes ensuring the child’s basic needs and educational and healthcare expenses are met.
• Fostering Relationships : The custodial parent must encourage and facilitate a positive relationship between the child and the non-custodial parent. This includes adhering to visitation schedules and co-parenting effectively to serve the best interests of the child.
• Access to Private Information : The custodial parent has the right to access important information about the child, such as educational records and medical information. In certain cases, both parents might have access to this information, depending on the custody arrangement.
• Legal Processes and Modifications : Custodial parents must comply with legal processes and court orders. If circumstances change significantly, the custodial parent may seek to modify the custody arrangement, but this must be done through proper legal channels.

Role of FBA Law

FBA Law can provide valuable assistance in various aspects of child custody, including legal guidance, offering expert advice and representation in a custody hearing related legal matters, and ensuring that the rights and responsibilities of the custodial parent are clearly understood and effectively managed. We also assist in negotiation and mediation, focusing on achieving outcomes that serve the child’s best interests, planning a custody outline that lists the specifics of custody, visitation, and parental responsibilities, as well as representing the custodial parent in court proceedings if disagreements or disputes arise regarding custody arrangements.