Child Custody Attorney in Alpharetta, GA

What Distinguishes Legal Custody From Physical Custody? 

Legal custody refers to the right access information about your child and to participate in the decisions regarding a child’s upbringing (education, religion, extra-curricular activities and healthcare). Legal custody can be joint, split, shared or sole. Physical custody, on the other hand, relates to the day-to-day placement of the child and can also be joint, shared, split or sole.

How Do Courts Determine Custody? 

The court considers and weights over 16 factors when determining the child’s best interests.  Such factors include, but are not limited maintaining a stable environment, being able to financially provide for the child, encouraging a loving relationship between the child and the non-custodial parent, and the total family unit, including half-siblings and grandparents. Each case is unique and there is not a one size fits all solution.

 What Separates Mediation From Arbitration? 

Mediation is mandatory and involves both parties and their attorneys presenting their thoughts and positions on a case with a third party neutral. The neutral’s role is to help the parties resolve their differences and reach an agreement. The entire process is completely confidential with a goal of reaching a very fine-tuned agreement on parenting time and custody. Arbitration is voluntary. The arbitrator is a privately hired judge and the rule of evidence are less strict than in a traditional court room. It is not confidential and a trial is presented. At the conclusion, the Arbitrator issues a decision that is later adopted by the Court. Parents often choose arbitration because the process is faster than waiting for your day in court.

When Should a Temporary Child Custody Order Be Sought? 

When the parents no longer reside in the same residence, there needs to be an order in place deciding where the child will be pending a final custody decision, which can take two to three years. Also, if you are concerned a parent is harming a child or a parent may flee with the child, it is advisable to file for an emergency hearing to obtain an order keeping the child safe and/or preventing a child from leaving the state.

When Will Courts Modify a Child Custody Order or Parenting Plan? 

Courts will consider modification of custody if there’s been a significant change in circumstances affecting the child’s welfare. Courts can modify the parenting plan without a material change every two years.

How Can a Parenting Plan Be Filed With the Courts? 

Georgia mandate electronic filing with the Superior Court of your county of residence. Georgia has a mandated form for a parenting plan, which will need to be completed fully and signed by both parents prior to filing it.

The dedicated child custody lawyer at North Metro Litigators is here to help in Alpharetta, GA. Contact our child custody attorneys today to get started.