Atlanta Child Custody Lawyer
Handling a divorce or separation can be a challenging time, and the stress is only enhanced when there are children involved. A child custody case involves complex issues that must be addressed with care and attention to detail, and it is crucial that you have the right Atlanta child custody attorneys on your side.
GET A CASE EVALUATION:
What Is Child Custody?
Child custody is an area of family law that refers to how decisions about parenting will be made in a divorce or separation. The court decides who gets what rights and responsibilities regarding the children, and this will be set out in a child custody agreement.
Legal Custody
In most states, parents share joint legal custody of their children. This means they both have equal responsibility for making important decisions about the children’s upbringing, and they each have authority over certain aspects of the children’s lives.
Physical Custody
Physical custody refers to the actual place in which the child lives, and can be joint custody – shared by both parents – or sole custody – restricted to one parent, with the non-resident parent having visitation rights. When deciding which parent should get custody of the children, courts consider many factors, including:
- Whether the parent has established a strong bond with the children
- Whether the parent is more likely to provide stability for the children
- How well-adjusted the children are
- What type of home environment the children would experience if they lived with the parent
- How much conflict exists between the parents
- Which parent is better able to meet the needs of the children; and
- Any other relevant factor
If the court grants primary physical custody to one party, visitation rights may be granted to allow the noncustodial parent to spend time with his or her children. These are not present in all child custody cases, depending on the circumstances, and do not necessarily mean that the non custodial parent will get to see the children every day – the details will depend on the circumstances of the case.
When awarding visitation rights, the court will consider similar factors as those used to decide child custody arrangements. These include:
- Whether the parent wishes to exercise visitation
- Whether the noncustodial parent has a good relationship with the children
- How well-balanced the custodial and noncustodial homes are
- What effect the proposed visitation schedule would have on the children
- Any other relevant factor.
Do I Have To Pay Child Support?
The law requires all divorced or separated parents to pay support for their children. In some cases, this may require the parties to split up assets such as real estate or bank accounts – a good family lawyer will be able to help you sort through these issues.
Parents must follow specific rules when calculating child support payments. If the parents cannot agree on the amount of money needed to raise their children, then the court will set the amount.
Child support can be ordered either automatically or voluntarily. Automatic orders occur when the court finds that there is no agreement between the parents about how much support to pay. Voluntary orders come from agreements reached by the parents before the court makes its decision.
Other Costs
In addition to setting an amount of child support, the court will also determine who will pay what percentage of the costs associated with raising the children. For example, the court might order the father to pay 50% of the cost of private school tuition, while the mother pays 50% of the cost.
In most states, the court will order both parents to share in the cost of health insurance for the children. This includes medical, dental, vision, prescription drug coverage, and any other services covered under the plan.
Your Next Steps
Child custody battles can be painful and difficult: and we can help. If you are facing a child custody battle, it is crucial that you have a family lawyer working on your side. A good Atlanta divorce attorney will know exactly what steps to take next based on the unique facts of your situation – get in touch, and let us help you take those next steps.
