CHILD CUSTODY AND VISITATION
Most parents care about their children and want the best for them. For this reason, child custody and visitation matters can cause great animosity and cause contentious disputes between parents and family members. Georgia law has strict provisions governing child custody and visitation, and Georgia Courts always consider "the best interest of the child" But when it comes down to it, the judge has considerable discretion in deciding these matters. To protect your rights and interests, you need effective representation when these disputes arise.
Whenever possible it is The Sauls Law Firm's practice to negotiate a desirable outcome for both parents and the child. It never benefits anyone, especially a child, for these matters to be stretched out for prolonged periods of time, and it's never in anyone's best interest to put these matters in the courtroom.
However, sometimes it is necessary to let the court make decisions in these types of cases. The Sauls Law Firm will be aggressive whenever the need should arise. We will prepare for and vigorously prosecute your case for child custody and visitation. We also will defend any claim that custody or visitation be withdrawn from any parent. The Sauls Law Firm takes the stance that if a parent desires an active role in the child's life then that parent should be afforded the right to do just that.
There are several elements to the term "Custody" with respect to how Georgia courts define custody.
- Legal Custody: This is the term used by the court which essentially means the parent has the power to make decisions for the child (ie. where the child attends school, what doctor the child goes to see, and basically all real life decisions which pertain to the child).
- Physical Custody: This is the term used by the court which means the parent has the child in their respective possession.
- Joint Custody: This is the term used by the court which means that both parents have an equal right to make decisions for the child's daily life as well as to spend an equal amount of time with the child.
- Primary Custodian: This is the term the court uses to recognize which parent has the final decision making power for the child. In essence, if there is a tie on any decision, the parent the court determined to be the Primary Custodian has the ability to break a deadlocked decision.
There are also a few rules the legislature has created to protect a child that has reached the age of fourteen (14).
- A child over the age of 14 can choose which parent to live with, and the Judge will consent unless specific findings are made that the parent chosen is unfit. The Court must also consider the wishes of a child between the ages of 11 and 14 as to which parent they wish to live with. However, this is not binding on the Judge, and other factors could override the child's wishes.
The Sauls Law Firm gets a few question as it pertains to when a Modification for Custody or Visitation can be brought before the court, and I thought it would be informative to address those questions.
- There is a general rule that an action for modification cannot be filed until two (2) years after the original order awarding custody had been entered. However, the courts will allow a modification action if there has been a substantial change in the circumstances of the parties.
- Theses substantial change in circumstances may be parties moving out of state, acts of family violence, and a harmful change in a parent child relationship. Keep in mind the best interest of the child standard is always controlling in the courts decisions.
If you think there is a need for a modification of custody or visitation, you should contact an attorney. The Sauls Law firm will gladly answer any questions you may have about Custody and visitation issues