How Does Child Custody Work In Georgia?

When it comes to child custody, you and your spouse know what is best for your child. However, when facing a divorce, it can be difficult to agree. It can be difficult to come to terms with the fact that your children will be away from you for periods of time. If you as parents cannot reach an agreement, a judge will step in and make decisions regarding custody that will ultimately serve what he or she determines to be the best interests of your child.

At Stahl Law Group, P.C., in Cartersville, Georgia, we have more than 27 years of experience. We are dedicated to helping our clients understand the complexities associated with family law and its many layers. We will help you decide which type of custody is best for you and your children in an effort to avoid court. However, if necessary, we will tenaciously defend your case in front of a judge.

Custody comes in two forms:

• Legal: This applies to decisions involving access to medical records, school records, participation in extracurricular activities and more.
• Physical: This pertains to with whom the child will live most of the time. This can be shared (joint) or primary custody.

This area of family law can be confusing, and it does not take much for matters to escalate when it comes to custody and visitation rights. While we understand how emotionally charged and sensitive this experience may be for you, we are determined to help you understand how the law works. Our attorneys want you to be able to make decisions that will help you prepare for a future that will support your children’s best interests, as well as yours.

Frequently Asked Questions On Child Custody

In Georgia, child custody decisions are made based on the child’s best interests, determined by the court after reviewing various factors. The court aims to give the child a stable environment and meet their emotional, physical and developmental needs. The following questions address some common concerns on child custody in Georgia.

How is child custody determined in Georgia?

In Georgia, child custody is determined by the court using a “best interest of the child” standard. The court evaluates several factors, including the child’s relationship with each parent, the parent’s ability to provide for the child’s needs, safety, and emotional and physical well-being.

The court can grant joint or sole custody depending on what it believes will serve the child’s best interests.

Who gets custody of a child when the parents are unmarried in Georgia?

When parents are unmarried in Georgia, the mother is typically awarded legal custody unless the father establishes paternity and petitions the court for custody or visitation rights.

Unmarried fathers can seek custody or visitation by filing a petition and proving that it is in the child’s best interests to have shared time with both parents.

Can grandparents be granted custody or visitation rights?

Yes, under certain circumstances, grandparents can be granted custody or visitation rights in Georgia. If a grandparent can demonstrate that the child’s parents are unfit or that it is in the child’s best interests, they may petition the court for custody or visitation.

However, the court will always prioritize the parent-child relationship unless there is a compelling reason to do otherwise.

Can a child’s preferences be taken into account in custody decisions?

Yes, a child’s preferences can be considered in custody decisions in Georgia, but this depends on the child’s age and maturity. While there is no set age, a child’s preference may be considered more strongly if they are older and can maturely express their desires.

The court will weigh the child’s preference alongside other factors to determine what is best for the child.

Contact Stahl Law Group, P.C. For More Information

To learn more about how our experienced lawyers can help you, send us an email or call 678-792-4190.