Georgia Child Custody
You’re headed for divorce and you’re worried about the custody battle. At the The Head, Thomas, Webb & Willis Law Office, we can make sure your parental legal rights are protected. It’s important to have an attorney represent you if your spouse is represented by an attorney and/or if you are dealing with a potentially hostile custody case. There are different types of custody and we’ll help define and explain the differences of each.
First, there is joint custody, which means both parents share in the upbringing of their child or children. However, in this type of custody the children have only one primary residence. Another type of joint custody is shared physical custody, which means the children can have two residences and spend similar amounts of time with each parent.
Sole custody means that one parent is deemed the official caretaker of the child or children. Unless it is not in the best interest of the children, the parent who is not awarded sole custody has visitation rights. Custody itself is actually broken down into legal custody and physical custody. Legal custody means that the parent can make legal decisions regarding the child’s future including standard medical procedures, religious upbringing and education. Physical custody is when a child is living with one parent and taking care of them on a daily basis. Under sole custody, one parent is awarded legal and physical custody and the children live at one residence only.
Split custody is only considered when there is more than one child. For example, if a couple going through a divorce has four children, two of the children may live with the father and two with the mother based on preferences. This would mean that each parent has full custody over the children they are responsible for.
In Georgia, the courts will first consider the best interest of the child or children involved in the case before making a ruling on child custody. This may include who the primary care giver is, what the children want, financial stability of each parent and the best interest of the child when health and fitness are concerned.