Child Custody

Vidalia Child Custody Lawyer

In a divorce, child custody is often times the most complex and contested issue between the parents. Vidalia child custody lawyer Jack M. Downie understands this and primarily focuses his practice on family law which includes:

• Divorce
• Child Custody
• Visitation Rights
• Legitimation
• Child Custody Modifications
• Fathers Custody Rights

He stands ready to fight for you in your child custody disputes. Jack M. Downie and his staff at the Downie Law, LLC remain committed to you and can help you with every aspect of child custody, parenting time and visitation rights.

Jack was an incredible support throughout my custody battle. His guidance and expertise helped me achieve a better outcome than I ever imagined. I couldn’t have navigated this process without him. I highly recommend Jack for any family or divorce case.”

Susan, a Child Custody client

Child Custody Law in Georgia

The state of Georgia has recognized the important role that both parents play in the lives of children. Therefore, it is Georgia’s public policy to ensure children continue to have frequent and continuing contact with parents who have shown the ability to act in the children’s best interests. Additionally, Georgia encourages both parents to share in the rights and responsibilities of rearing their own children.

Physical Custody and Legal Custody

There are two major categories of child custody:

• Physical custody, and
• Legal custody

Physical custody involves which parent the child will primarily reside with. Legal custody involves decision making – which parent decides on matters related to the child’s upbringing such as education, religion, medical needs and extracurricular activities.

How is Physical Custody Determined in Georgia

There are two ways to determine physical custody:

• Through the agreement of the parties (subject to court approval), or
• By the judge presiding over the case

The duty of a judge in a case concerning child custody is to determine what is in the best interests of the child. Judges must consider the the best interests of the child before any physical custody arrangement is approved or ordered by the court.

The judge may consider ANY of the relevant factors listed below when determining the best interests of the child:

1. The love, affection, bonding, and emotional ties existing between each parent and the child;
2. The love, affection, bonding, and emotional ties existing between the child and his or her siblings, half siblings, and step-siblings and the residence of such other children;
3. The capacity and disposition of each parent to give the child love, affection, and guidance and to continue the education and rearing of the child.
4. Each parent’s knowledge and familiarity of the child and the child’s needs;
5. The capacity and disposition of each parent to provide the child with food, clothing, medical care, day to day needs, and other necessary basic care, with consideration made of the potential payment of child support by the other parent;
6. The home environment of each parent considering the promotion of the nurturance and safety of the child rather than superficial or material factors;
7. The importance of continuity in the child’s life and the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;
8. The stability of the family unit of each of the parents and the presence or absence of each parent’s support systems within the community to benefit the child;
9. The mental and physical health of each parent;
10. Each parent’s involvement, or lack thereof, in the child’s education, social, and extracurricular activities;
11. Each parent’s employment schedule and the related flexibility or limitations, if any, of a parent to care for the child;
12. The home, school, and community record and history of the child, as well as any health or educational special needs of the child;
13. Each parent’s past performance and relative abilities for future performance of parenting responsibilities;
14. The willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent, consistent with the best interest of the child;
15. Any recommendation by a court appointed custody evaluator or guardian ad litem;
16. Any evidence of family violence or sexual, ,mental or physical child abuse or criminal history of either parent; and
17. Any evidence of substance abuse by either parent.

Visitation Rights in Georgia

When a divorcing couple has minor children, generally one parent is deemed to be the primary physical custodial parent, and the other parent is the deemed to be the non-custodial or secondary custodial parent. The court grants the non-custodial parent visitation rights to ensure the children have access to both parents.

Parenting Plans

If a divorcing or divorced couple has minor children, the court may require that a Parenting Plan be submitted. A Parenting Plan is required for permanent custody and modification actions, and at the judge’s discretion in temporary hearings. A Parenting Plan must be filed with a final decree in any action involving the custody of a child.

Child Custody Modifications

To modify child custody you first must show a material change in circumstances has occurred. Once a showing is made that a material change in circumstances has occurred, the judge will then consider whether the change is in the best interests of the child. Simply filing for child custody modification is not a guarantee the modification will be granted by a judge.

Still Have Questions About Child Custody?

• Child Custody – Questions and Answers
• Basics of Child Custody in Georgia