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Atlanta Divorce Lawyer > Johns Creek Child Custody Lawyer

Like all states, Georgia has its own laws regarding child custody. Having a thorough understanding of these laws and regulations is critical for those who are involved in these types of proceedings, so if you and your partner have separated and you have questions about how this will affect your own parental rights, please call one of our dedicated Johns Creek child custody lawyers for help.

Georgia family law courts award two types of custody. The first is known as legal custody, which is a term used to refer to the right to make decisions regarding a child. When a court awards a couple joint legal custody, it is basically saying that both parents will have an equal right and responsibility when making major decisions about their child’s medical needs, education extracurricular activities, and religious practice.

The second type of custody awarded by Georgia courts is physical custody. Physical custody is the amount of time that a child actually gets to spend with each of his or her parents. With joint physical custody, both parents are given substantially the same time and contact with their child. Often, joint physical custody is accompanied by an award of joint legal custody. Sole physical custody, on the other hand, is granted in cases where one parent cares for a child the majority of the time. In these cases, the child’s other parent could still be entitled to some sort of visitation and if given joint legal custody, could also have a say in major decision-making responsibilities.

The type of custody arrangement that a family uses will depend on a number of factors, including each parent’s relationship to the child, the distance between the parents’ homes, and in some cases, the child’s wishes. Parents who are able to reach an agreement on a schedule in an out-of-court setting need only create a parenting plan that reflects those decisions and then submit it to the court for approval. If, on the other hand, such an agreement is not possible, a court will step in and make a decision on the parties’ behalf based on what it deems to be in the child’s best interests. In either case, a parenting plan should contain certain information, including:

  • The child’s day-to-day schedule during the week, including which parents will have custody on which days;
  • How holidays, birthdays, school breaks, vacations, and other special occasions will be divided;
  • Transportation arrangements, including how and where the child will be exchanged during visits;
  • How to resolve disagreements regarding a child’s education, health, and religious upbringing; and
  • Whether there are any limitations on one parent’s physical custody, including how the child can contact the other parent.

For help coming up with your own parenting plan, please reach out to our office today.

Child custody issues are one of the most difficult and emotional types of family law matters. Having an experienced attorney on your side, however, can make all the difference in helping the proceedings go as smoothly as possible. Please call Buckhead Family Law at 470-600-6699 to learn more about how a dedicated lawyer could help with your own case.

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