The most difficult part of any divorce in which the couple has children is the issue of their future relationship with the children. In most circumstances, it is important for both parents to continue a healthy, loving relationship with the children. The obvious exceptions to this are when there are allegations of abuse, neglect, etc. Parents need to work together, when possible, to come up with a parenting plan that allows both parents to be actively involved in their children’s lives.
If the parents cannot reach a custody decision on their own, the court will make one for them. In such cases, the court will apply the “best interests of the child” test to make a determination. It is always best for parents to reach an agreement on their own. However, we know that there are times when it is simply not possible. Either way, there are important considerations that need to be factored into the decision-making process, and you should have an experienced child custody attorney representing your interests.
Different Types of Custody:
Legal Custody – allows a parent to make decisions regarding the minor children when they are in his/her custody
Physical Custody – the determination of who the child will live with the majority of the time. This parent is known as the primary physical custodian. This parent is the one who will receive child support from the other parent.
In rare instances, the court will allow joint physical custody. This is normally a 50/50 living situation where the parents share nearly equal financial responsibility. In such situations, neither party pays child support.
To learn more about child support in the state of Georgia, click here.
For more information about child custody disputes, contact us for a free consultation.