Child Custody and Visitation: What You Need to Know

Child custody is extremely difficult to handle. Whether it is caused through divorce, separation, legitimation, or a change in custody, these are complicated cases to navigate. Each child custody case is different from another. Continue reading to learn more about child custody and visitation.

There are several sets of parties that are involved in child custody cases within the state of Georgia:

- Married Parents

Both parents have completely equal rights to children who were born during the duration of the marriage. If the parents are dissolving their marriage through separation or divorce, both parents will have an equal opportunity to obtain legal and physical custody of the children.

- Unmarried Parents

If a child is born to unwed parents, the mother of the child automatically has all rights to custody of the child in the state of Georgia, even if the father signs the birth certificate. For the father to gain visitation rights or custody, he must file an Administrative Legitimation Form with the State Vital Records or file a case with the court to prove that he is the father.

- Grandparents or Other Parties

If a grandparent or another party wants to gain visitation of a child, they must prove “special circumstances.”

There are also two different types of custody: legal and physical custody.

- Legal custody is the responsibility to make important decisions for the child, such as for medical treatment or education. When both parents hold legal custody, it is known as joint legal custody. In this case, the parents must come together to make these major decisions. If one parent is awarded sole legal custody, they can make major decisions alone on behalf of the child.

- Physical custody is the responsibility to provide a home and care for the child. Parents with physical custody are also known as custodial parents. If there is joint physical custody held between both parents, the child lives with each parent for a significant amount of time. If one parent has sole physical custody, one parent independently provides a home and care for the child. The other parent may have visitation of the child.

In Georgia, it is recommended for the parents to settle outside of court to prevent a prolonged case. For parents to settle a case dealing with custody, there are several steps that need to take place:

1. Create a Parenting Plan

Your parenting plan will include who has legal custody and who has physical custody. It will also detail how decisions are made in regards to the child, visitation schedule, and major holidays and vacation schedules.

2. Complete Other Paperwork

Along with your parenting plan, both parents need to finalize other paperwork, such as a filing a child support worksheet and child support addendum. These agreements along with the parenting plan will allow you to move forward with finalizing custody.

3. Get Approval from the Court

Once both the parenting plan and other agreements are finalized, you will turn in these documents to the court clerk. A judge must then confirm that the parenting plan reflects the best interest of the child. Once the plan is approved, both parents move forward with the custody plan detailed in the parenting plan.

In custody cases, judges aim to order a custody agreement that is in the best interest of the child. The factors of best interest include:

- The child’s age, mental health, physical health, and any disabilities

- Each parent’s mental health and physical health

- The emotional bond held between the child and each parent

- Each parent’s ability to provide for the child and take care of their needs

- Each parent’s encouragement for a positive relationship between the child and the other parent

- The child’s other relationships to their school, home, and other family

- Any history of abuse

If custody cannot be settled between the parents outside of court, the case will go to trial. Then it is up to the judge decide on what the custody agreement will be.

Overall, child custody cases are complicated to handle due to it being an emotional situation. Having an experienced family law attorney can help guide you down a path to a successful custody agreement.

If you need legal assistance with child custody and visitation matters, our attorneys at the BWS Firm are here to help. Our attorneys practice family law with compassion in mind to give you the best legal advice and support throughout your custody and visitation process. Contact us today to schedule a consultation at info@BWSfirm.com.

Sources: https://www.custodyxchange.com/locations/usa/georgia/overview.php https://www.georgialegalaid.org/resource/child-custody-in-georgia https://childsupport.georgia.gov/programs-services/access-visitation https://www.forbes.com/advisor/legal/child-custody/visitation-rights/ https://www.nolo.com/legal-encyclopedia/child-custody-faq.html https://www.custodyxchange.com/locations/usa/georgia/settling.php