Middle Georgia Child Custody Attorney

Custody battles when parents disagree are likely the most emotional and difficult aspects in family law cases. Whether child custody is one issue in your divorce or the main issue in a legitimation or modification case, J. Matthew Sanders can help. 

What does a child custody determination entail? 

First, “child custody” entails both “legal custody” and “physical custody.” 

Legal custody entails decision-making responsibilities for a child including educational decisions (where the child attends school), religious decisions (what religion a child is raised in), medical decisions (what medical procedures a child undergoes and when), and extracurricular decisions (what activities a child engages in outside of regular schoolwork). 

Physical custody entails the child’s residence and parenting time with each parent. 

How do Georgia courts establish child custody?

At the end of a child custody case, the Court will enter a parenting plan outlining each parent’s rights and responsibilities for each child’s legal and physical custody. 

In Georgia, neither parent is entitled to a certain amount of parenting time. Mothers are not considered better caregivers nor are fathers are not entitled to equal time. Courts determine custody on a case-by-case basis based on what is in the best interests of each child. 

In determining the best interests of the child, courts look at several factors including: 

· How old is the child?

· Where does each parent live?

· How involved is each parent in the child’s day-to-day life?

· How stable is each parent?

· What are the child’s desires (if old enough)?

· More?

Can my child tell the Court who he or she desires to live with? 

At certain ages, children in Georgia can express their preference for custody. This can be done by a written statement to the judge or through a meeting with the judge. At age 11, children can tell the Court their preference for custody, however, the Court is not required to follow the child’s desires. Once a child reaches age 14, the Court must consider the child’s preference unless that preference is not in the child’s best interests. 

Child custody disputes are one of the most emotional and difficult aspects of family law. Contact J. Matthew Sanders today to ensure the best possible outcome for your family.