Roswell Child Custody Lawyer
Divorce is always a complicated process to go through, and even more so when children are involved. The changes in the home and difficulties resulting from the marriage dissolving affect them in profound emotional and psychological ways.
The most critical issues in a divorce that involve children are child support, custody, and visitation. These decisions can be complicated and stressful, and the best interests and welfare of the children must always come first. Keeping the children happy, healthy, and ensuring they have positive relationships with both parents is essential.
The experienced Roswell child custody lawyers of Hobson & Hobson understand the unique needs of children involved in a divorce and the stresses that occur as both parties seek to agree on matters related to the children both during a divorce or a modification matter. We take pride in our ability to advocate for your children, resolve family law issues amicably, and make the entire process as smooth as possible.
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Contact the Roswell family law attorneys at Hobson & Hobson, P.C. today at (770) 467-3275. We have a satellite location at 295 W Crossville Rd Building 200, Suite A, Roswell, GA 30075 (open Google Maps) just two miles north of Alpharetta St. Upon calling, one of our experienced professionals will help you begin your journey toward an amicable resolution.
The Types of Custody and Visitation
In Roswell and throughout Georgia, there are two ways to decide custody arrangements when a couple divorces or separates. In many cases, the parents will agree regarding custody and visitation on their own, and this agreement is then put into writing and officially signed by both parties.
If parents cannot agree on custody and visitation particulars, then the judge will step in and decide the best arrangements for the child’s interests.
Georgia law recognizes two types of custody:
- Physical custody
- Legal custody
The Types of Custody and Visitation
In Roswell and throughout Georgia, there are two ways to decide custody arrangements when a couple divorces or separates. In many cases, the parents will agree regarding custody and visitation on their own, and this agreement is then put into writing and officially signed by both parties.
If parents cannot agree on custody and visitation particulars, then the judge will step in and decide the best arrangements for the child’s interests.
Georgia law recognizes two types of custody:
- Physical custody
- Legal custody
Physical Custody
As the name implies, physical custody means that the child resides with a parent. Physical custody may be “joint,” with both parents sharing physical custody during specific times, or it may be “sole,” with the child residing full-time with one parent. In sole physical custody, the parents decide on a visitation schedule so the other parent can spend time with the child.
In Roswell, GA, and throughout the state, if parents share joint custody of a child, the time is roughly divided in half so that each parent gets about the same amount of time with the child.
Legal Custody
Legal custody involves the legal right to make significant decisions for the child. This includes educational, legal, medical, and religious decisions and any other specific child-rearing decisions. In most cases, regardless of physical custody, the court will award legal custody to both parents, who will then share in the major decision-making for the child.
Custodial and Noncustodial
When parents share both legal and physical custody, there is usually one parent designated as the “primary custodial parent.” This means that if the parents disagree over a decision involving the child, the primary custodial parent has the final say.
Generally, the custodial parent is the parent with whom the child spends the most time, with the other parent designated as noncustodial.
Elements That Impact a Custody Arrangement
The interest of the child is always the focus when deciding on a child custody arrangement. In Georgia, the judge considers several different factors when settling a child’s custody and visitation arrangements.
The Roswell child custody lawyers of Hobson & Hobson know the parameters of the child custody laws in Georgia and are ready to help navigate the entire custody arrangement process. Some of the factors that the judge will consider include:
- The home environments of each parent and their ability to care for the child, including food and clothing
- The physical and mental health of each parent
- The emotional connection each parent has to the child
- Each parent’s familiarity and involvement with the child’s educational and social life
- Each parent’s familiarity with the health and medical needs of the child
- The stability of the parent
- Any history of abuse by either parent against each other or the child
- The criminal history of each parent
In some circumstances, the judge may appoint an individual to represent the child in court. This person, called the guardian ad litem, will advocate directly for the child’s best interest in custody arrangements. In other cases, a custody evaluator may meet with the family and make a custody recommendation based on their observations.
The law requires parents in Roswell to provide a parenting plan when custody is at issue. The parenting plan includes the child’s needs, how the child will share time between the parents, who makes decisions for the child, and the physical and legal custody arrangements.
Can a Child Choose Their Custodial Parent in Georgia?
Under Georgia law, a child over the age of 14 may express their preference of parent to live with, but ultimately the decision lies with the court if the parents cannot come to an agreement. The judge will consider the child’s wishes, along with all the other factors presented, before deciding.
How Is Custody Granted in Georgia?
The two parties are given the opportunity to come to an agreement with each other through the negotiation of their respective custody attorneys. However, if an agreement is not met, a hearing date will be set. The judge takes all the information provided above and any testimony if a court hearing is held and determines the custody arrangements for the child that serve the best interests of their physical, mental, and emotional well-being.
Once the custody arrangements are issued, the order remains in effect until the child turns 18, unless the order is modified. If either parent violates the custody order, they may face legal sanctions.
Changes in circumstances may require modifying the custody arrangements. Before that can happen, the parent petitioning for changes must prove that they are necessary because they impact the child’s well-being. If the court decides that the changes are in the child’s best interest, the court will modify the custody agreement.
Contact Hobson & Hobson Today to Talk to
Experienced Child Custody Lawyers in Roswell, Georgia
At Hobson & Hobson, we know that working through a divorce and handling family law issues can be challenging. We bring our extensive experience dealing with custody and visitation issues to every case involving children.
For more information or to reach knowledgeable Roswell child custody lawyers today, visit our law firm website and fill out our contact form. Or you can call our Roswell office at (770) 467-3275.