Atlanta Joint Custody Lawyers
Joint custody is a type of custody that allows both parents to continue making decisions for their child. Georgia divorce law allows for parents to obtain joint custody, unless the court determines that only one parent should retain custody over the child. The parents are able to have joint custody of the child, even if only one parent has physical custody of the child.
Joint custody is a good option for some families. However, it is important to discuss this option with your (ex) spouse and your attorney. You should first try to come to a decision about custody with your spouse, before seeking litigation. For example, the custodial parent(s) will need to make decisions about the child’s medical care, education, and religious upbringing. You and your spouse should try to agree on these issues, but if you cannot work this out perhaps sole custody is best for your family.
Custody Statutes in Georgia
Georgia courts will look at numerous considerations when making custody determinations, especially when deciding if there will be joint custody. Some of the factors the court will consider include the wishes of the parents and the child, how the child interacts with the parents and any siblings, if the child will be removed from their school and community, and if there is any risk for abuse in either of the parent’s home. Ultimately, the court will evaluate each parent’s desire and ability to care for the child and foster the child’s relationship with the other parent.
Georgia courts presume that it is in the child’s best interest to see both parents as much as possible. No matter if sole or joint custody is awarded, the court will try to develop a visitation schedule that allows the child to foster a good relationship with both parents. Visitation will only be limited with a parent if that parent poses a serious danger to the child’s overall welfare.
Emergency Order of Protection
An Emergency Order of Protection protects a child from a parent’s violent or abusive behavior that may threaten the well-being of the child. This emergency order prevents the dangerous parent from seeing the child, until a more permanent order may be put in place by the court. Some parents believe that an Emergency Order of Protection may sully the other parent’s reputation, thus forcing the court to award sole custody to the filing parent. This will not work, and the court will sanction appropriate punishments. If you need an Emergency Order of Protection or if you feel an Emergency Order of Protection has been wrongly filed against you, contact an experienced Georgia attorney for more information today.
Trustworthy Family Law Attorneys
The Atlanta family law lawyers at Bushnell & Drye, LLC have years of experience in family law and want to help you keep your family protected. Our attorneys will help through any child custody issues you may have. Contact us today for an initial consultation about your legal circumstances and let us put our skill to work for you.