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Child Custody Attorney

The most complicated issues in family law usually involve the establishment or modification of child custody.  An experienced Child Custody Attorney will have the knowledge to explain the difference between child custody, visitation and child support.  While interrelated, these three topics have different meanings and purposes. Typically, a child custody modification requires a change in circumstances, either positive or negative in one or both of the parents’ lives and/or that of the child.  

One common and confusing change in circumstances is when a child acquires a certain age and can select, under Georgia law, which parent they want to live with. Modifications of custody, unlike visitation schedules, can only be modified under specific circumstances, and is left to the discretion of the judge.  An experienced child custody attorney will be familiar with the assigned judge’s preferences, and should be able to explain them to their client.

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Child Custody Questions

How to get custody of a child?

If parents of a child cannot agree on a custody arrangement, then they will have to present evidence to a judge as to what custody arrangement they think is best for the child. Evidence comes in the form of testimony and documentation. Common forms of evidence include examples of the following: child neglect, parental alienation, emotional and financial stability, improper use of alcohol/drugs, and parental responsibility. An experienced child custody attorney will be able to evaluate your evidence to determine if you have enough evidence to support a modification of custody case.

How do I file for child custody?

Child custody is established by a court order. The three most common types of law suits that establish or modify child custody are: 1) Divorce; 2) Legitimation; or 3) Modification of Custody – seeking to modify a divorce or legitimation order. Grandparents and relatives of minor children may also obtain custody rights to children through a Third-Party Custody action or Guardianship.

How can a mother lose custody of her child?

The number one cause of any parent losing custody of their child is by not being a good parent. Prevent the possibility of losing custody of your child by: taking the child to the doctor timely, supervise the child at all times appropriate to their age, not letting significant others take priority over your child’s need for affection and attention, not permitting others to corporally discipline or punish your child, and, not exposing your children to adult-matters, including domestic disputes, the consumption of drugs/alcohol, pornography or other adult-themed videos/materials.

How does child support work with 50 / 50 custody?

Every child custody case in Georgia requires a child support determination, even when parents have a joint, or 50/50, physical custody arrangement. In a 50/50 custody situation, parents who earn approximately the same gross monthly income typically do not pay each other child support. However, their child custody order still should set forth how the following are paid for by the parents: medical insurance coverage, uninsured medical/health care costs (Ex. co-pays, braces), work-related child care, and extra-curricular activity expenses.