Child Custody / Child Support Issues in Atlanta
Thank you for visiting My Atlanta Family Law Attorney. We are advocates for children when divorce enters their lives; we focus on Child Custody and Child Support issues. Additionally, you can visit our “Why hire us” page to see what separates us from the other Family Law attorneys in and around Atlanta.
The attorneys at the Family Law Offices of “insert attorney name” in Atlanta do not take chances with yours or your family’s future. We are committed to your well-being. Call us for an appointment.
Child Custody and Child Supprt Overview
- In Georgia, your children’s welfare is the #1 priority in the court.
- Effective January 1, 2008 – all child custody cases require each parent to prepare a parenting plan to submit to the court.
- A parenting plan is required for permanent custody and any modifications to the agreement that may take place.
- The final decree in this legal matter will involve a permanent parenting plan.
- Neither you nor your spouse is automatically entitled to custody of your children.
Determining Custody
- Georgia courts consider the best interests of your children when determining which parent will have custody.
- The court takes into consideration:
- A stable home
- The sex and age of the child
- The relationship between parent and child and siblings
- The ability of the parent to take good care of the child
- The health of each parent – physical and mental
- If the child is over 14 years old, they can choose which parent to live with
Custody
- Joint Legal Custody
- Uncommon – both parents must get along for this to work
- Each parent shares the responsibilities and decision making equally:
- Medical
- Religion
- Education
- Extra-curricular activities
- Joint Physical Custody
- The children live with each parent, giving them equal time.
- Happens when both parents live near each other.
- Sole Custody
- Sometimes awarded if one parent is unfit or abusive.
- Other parent will be given visitation rights or parenting time.
- Unmarried Parents
- The children live with each parent, giving them equal time.
- Parents are not Married
- The mother usually will get sole physical custody.
- A paternity test is done to determine who the father is.
- The court will issue a child support order once paternity is determined.
Custody Battles
- If there is a custody battle, the court will usually favor the mother if the children are very young.
- A child can choose who they want to live with if they are 14 or older.
- Custody battles hurt the children!
Relocation
- If relocation is involved, the court will make modifications to the custody agreement only if the best interests of the children are intact.
- The court considers certain factors which could impact the children:
- The children’s relationship with the non-custodial parent
- The children’s bond with friends, school, the community
- Is there any stress involved for the children?
- Reason for relocation
- Etc.
Visitation Rights
- A visitation schedule is part of the divorce process.
- One parent will have primary physical custody, the other will have visitation, which includes:
- Every other weekend with the children
- Every other holiday
- Shared time during the summer
- Interfering with a visitation schedule is not allowed by the court.
- Denial of visitation can result in custody change.
Child Support
- Guidelines for child support are stated in Georgia statutes.
- Georgia law requires each parent to support their children until the age of 20. Exceptions are:
- When they graduate from high school
- Joins the military
- Emancipation
- Gets married
- Death
- Georgia Child Support law is based on “income shares”.
- Considers the gross income of both parents.
- A Child Support Obligation table is used to determine the basic amount of support.
- Also taken into consideration is the cost of medical insurance and daycare.
- You are not obligated to pay for college.
- Support can be modified as long as the best interests of the child are still in effect.
- It can only be modified once every 2 years.
- Examples that could cause modifications are:
- If the non-custodial parent has an increase or decrease in salary
- A new birth in the non-custodial parent’s family
- The remarriage of the custodial parent
Conclusion
Fighting with your former spouse solves nothing and could do a lot of harm to your family. We know how to make this process easier on you and your children. Call us at the Family Law Offices of “insert attorney name” in Atlanta because we care about you.
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