Georgia family law recognizes the right of every parent to have a role in their child's upbringing. Additionally, having both parents in a child's life presents the best chance of positive outcomes for the child.
Unfortunately, there are situations where living together is not possible, in which case the parents may need to have child custody and visitation arrangements in place. Ideally, the parents should agree for the sake of the kids. If not, the court may have to make that determination. Either way, the nuances of child custody law can be difficult to manage, which is why speaking to Georgia family lawyer Shawna Woods of Atlanta Divorce Law Group is vital.
This article explains the basics of Georgia child custody and visitation rights for all.
Georgia Child Custody
Physical Custody
Physical custody addresses the question of housing and day-to-day care for the child. The parent who gets physical custody lives with the child as the custodial parent.
Depending on the circumstances of the case, both parents can get shared physical custody, where each spends a substantial amount of time with the child. If one parent gets sole physical custody, the other gets visitation rights unless in a situation where one parent poses a danger to the child.
Legal Custody
Legal custody addresses which parent makes important life decisions on behalf of the child, such as signing medical consent forms and choosing the child's religion or education.
The court leans more toward having both parents share joint legal custody, but it may give one parent the ultimate deciding power when there is a stalemate or they can't agree. There is hardly any bias on the basis of gender anymore. Courts decide custody rights with one of the parents based on their expertise, rationality, logic, and reason.
In extreme cases of one parent's unsuitability, such as if they are mentally incapacitated or are known to make bad choices, one parent may get sole legal custody, meaning they become the sole decision-maker.
A Child's Best Interests
When making child custody rulings, the law puts a child's best interests first. As such, the judge will consider several factors before deciding a case.
These factors include the parents' bond with the child and their ability and desire to care for and provide for the child. It also considers the impact of the decision on the child's social life, age, mental health of both child and parent, the child's preference if they are of age, etc.
The court may not have a way of getting all this information during court proceedings. In most cases, the court appoints a custody evaluator who gathers the information and makes recommendations for the family court.
What If I Just Want Visitation?
Under Georgia family law, visitation rights address a parent's right to see and contact their child. This becomes an issue where one parent gets sole physical custody. Visitation schedules can be flexible, especially where the parents agree or are structured by the court.
In cases where the child's well-being and safety cannot be guaranteed, such as if a parent has a history of domestic violence or child neglect, the court may order supervised visitation. In extreme cases, the parent may lose visitation rights altogether.
Modifying Custody and Visitation Orders
The court issues an order based on the prevailing circumstances of a case. When the circumstances change, you can seek to modify the orders by petitioning the court.
For example, if you have shared physical custody and the other parent becomes abusive or neglects their responsibilities, you can petition the court through a family lawyer to get full physical custody of the child.
Conclusion
The aspects of child custody addressed in this guide apply to custody and visitation for divorced couples. For unwed couples, the mother gets legal and physical custody by default unless she allows the child contact with the father. However, the father can seek legal rights by proving paternity.