Child Custody and Visitation

Traditionally, family courts are dedicated to promoting and encouraging familial relationships. Consequently, parties are given the chance to come to their own agreements regarding child visitation and custody issues. However, when the parties cannot agree upon what is reasonable, the Court system must be employed to determine the custody of your children.

Child custody exists in two types: physical and legal.

(1) Legal custody governs a parent's rights and obligations to make decisions about a child's upbringing. The following must be determined by you and your former spouse or partner to decide how parental responsibilities should be shared:

  • A visitation schedule
  • The child(ren)'s residence (primary and secondary)
  • Whether rotating custody is desired
  • How decisions will be made which affect your child, i.e., schooling, medical attention, religious guidance, etc.

Under most circumstances, Georgia courts award "joint" legal custody, which means that both parents engage in shared decision-making.

(2) Physical custody determines whom the children will reside with and for what percentage of time. Generally, "primary" physical custody is given to one parent, and the other parent is given "secondary" physical custody.

Overall, it is important to carefully consider your child(ren)'s immediate and future needs when determining custody and visitation matters. Each parent's caretaking ability and availability, economic situation and potential, as well as the child's bond with their other siblings need to be taken into account. Your children are our first priority! Our firm will work with you to protect them and to ensure that their needs remain at the forefront of your child custody proceedings.

A free telephone consultation is always available and we may be reached at 770.604.9292. You may also contact us online.