Of all the emotional decisions that must be made in a divorce, determining child custody is the hardest. Although Georgia law gives equal consideration to both the mother and father, having experienced counsel on your side will help to assure that your best interests and that of your children are given the proper consideration by the court. Cerbone helps you obtain favorable custody and visitation awards.
Joint Legal Custody
Custody can be broken down into two categories, legal and physical. Joint Legal Custody gives both parents the right to make decisions regarding the child’s education, religious training, discipline, and non-emergency medical care. In joint legal custody awards, the child typically resides with one of
the parents, with the other parent having visitation rights only. The parent the child resides with has physical custody of the child.
Joint Physical Custody
In Joint Physical Custody the child has two residences. In such cases, the child must spend at least 35% of his or her time with the other parent.
When both parties retain legal and physical (or shared) custody of the child, it is considered simply Joint Custody. While this arrangement gives both parties maximum involvement in the care and upbringing of the child, courts carefully scrutinize the family dynamics before allowing for this arrangement. A partial list of factors the court will consider include:
- The sincerity and willingness of the parties to share
- The individual’s fitness as a parent and the child’s relationships with parents
- If the child is old enough, his or her expressed preference
- Logistics related to school, social activities, and financial resources etc.
Arranging for visitation is often a hotly debated issue in divorce cases, and when not thoughtfully considered, it often results in inadequate arrangements.
We’ve tried thousands of custody cases involving joint custody, joint legal custody, and sole custody. We’ve written many custody agreements looking
out for the best interest of the children. The key is preparation. We investigate.