Canton Child Custody Attorney

Our family law attorneys in Canton, GA possess a thorough knowledge of the relevant case law surrounding the divorce process and challenges faced by the parties involved in the conflict. Learn how our law firm has helped countless individuals win their child back and mitigate ongoing legal issues.

When it comes to custody battles, you can’t leave things up to chance. One wrong move could lead to a loss of custody of your child with limited time spent with them until they’ve grown up. Our child custody lawyers can help you attain peace of mind by guiding you every step of the way with knowledgeable legal representation.

Give Hobson & Hobson a call at (770) 284-6153 for child custody attorney services in Canton, GA.

What Are the 4 Methods of Child Custody in Divorce Cases?

Did you know that nearly forty percent of all married couples will get divorced? While divorce is never easy, it can be especially difficult for children.

By understanding how custody works and keeping your children at the front of your mind, you should be able to have a smooth and well-executed divorce.

In this article, we’ll take you through the different types of child custody and how a divorce lawyer can help you pick the best option. So keep on reading to learn more!

Hobson & Hobson, P.C is composed of highly trained child support attorneys in Canton that rely on our special litigation training and over 30 years of combined experience in child custody cases to provide each client with an effective outcome while supporting yourself and your family. Contact us at  770-284-6153 or submit a contact form for us to contact you ASAP.

Physical and Legal Custody – Before we go over how the sharing of custody works, we first need to go over the two main kinds of custody. This is physical and legal custody.

The rules surrounding physical and legal custody are going to vary based on individual situations and by state. Having a divorce attorney will help you navigate the custody system and get the best outcome for your children.

Physical Custody – Physical custody is when you have the right to live with your child. This means that you have daily care of the child and determine where they’re going to live.

When a child mainly lives with one parent, that parent is the child’s custodian. They will be considered to have full or sole physical custody.

The other parent would be considered non-custodial and could be given visitation rights.

Legal Custody – When a parent has legal custody over their child, they have the obligation and the right to make choices when it comes to how the child is raised. These decisions can include what religion the child will be raised under, the health care that they get, and the school they go to.

This parent is also in charge of the general welfare of the child.

The Four Types of Child Custody

Child custody cases are rarely simple matters. And if you aren’t able to navigate the divorce court system well, your spouse might be able to achieve full custody of your child even if they’re unfit to do so. This is what makes having an experienced divorce lawyer on your side so valuable.

1. Sole Custody – Also known as full custody, sole custody is when one parent has the legal right to act on the child’s behalf. This can include both legal and physical custody.

This usually means that the child will spend most or all of their time with one parent. In some instances, a judge might grant sole custody to one parent if the other parent is deemed to be unfit to care for the child.

These are instances where there might be a history of violence, child abuse, alcohol or drug abuse, or neglect.

2. Joint Custody – Joint custody is when both parents can share legal and/or physical custody. The responsibility of caring for the child is split between the parents so each parent isn’t overwhelmed.

When a child is in the actual physical custody of one parent, that parent is in charge of caring for that child. They’ll be in charge of any health emergencies for the child during their time together too.

This arrangement can be ordered by a judge or established via a parenting agreement. Written joint custody agreements can be useful in setting up a successful co-parenting relationship.

The agreement should be flexible so that adjustments can be made as the child gets older.

Joint custody is a very common outcome during divorce cases. This way, each parent has the chance to develop a bond with their child.

3. Split Custody – A split custody arrangement is when the parents share custody equally. Sometimes, it just means that the visiting parent has significantly more time with the child than in standard visitation agreements.

This kind of custody can be divided on a weekly or monthly basis. Sometimes, one parent might have the child during the school year and the other parent will have the child during the summer.

Sometimes, in a split custody case, a child will stay in the home they grew up in. Each parent will have their own respective home but will move back into the original residence when they are watching after the child.

This is known as “birdnesting” and is becoming more common among Millennials and younger parents.

If you have multiple children, split custody might mean that each parent has custody over a different child. However, judges are often reluctant to split up siblings so this arrangement is uncommon.

4. Third-Person Custody – Lastly, there’s third-person custody. This is when a third party is awarded custody of the child by the court. This is usually a grandparent or other relative.

If the parents pass away or are deemed unfit to take care of the child, this outcome is likely.

No custody agreement, including third-person custody, is permanent. The court can adjust or rescind third-party custody at a later time.

Only the state has the ability to end parental rights. Biological parents can usually regain custody of their children if they can prove to the courts that they’re now fit to care for their kids.

The Importance of Knowing About Child Custody in Divorce Cases

One of the most difficult parts of divorce cases is the battle over child custody. By working with a reputable and experienced child custody lawyer, you’ll be able to protect your rights and fight for your children.

Are you considering getting a divorce? If so, our child custody attorneys are here to help you.  You can contact our Canton office today and see how our top lawyers can help you!