Georgia Child Custody Attorneys | Dedicated Family Law Firm (original) (raw)

You and your spouse are not the only parties significantly affected by the impending divorce. As both legal guardians, you and your spouse are legally responsible for providing for your child or children. Child support is a complicated process which involves long negotiation and mediation.

child support family lawyers Let the family law experts at Vayman & Teitelbaum, P.C. support you during the entire divorce process. Our experience in mediating and settlements ensure that you and your spouse have the right resources and knowledge that you can use in the future. Child custody and child support is an integral part of your divorce case where you will need our legal backing.

Our Georgia Family Law experts are dedicated to protecting your rights during family law matters. We ensure that your child has the best care and support from both parents.

Call the Vayman & Teitelbaum, P.C. at Alpharetta, GA at (678) 504-8411 for a Case Evaluation.

Types of Custody

Mother with Baby Even during separation, the welfare of the child is still a major responsibility for both parents. Cooperation is the key to achieving a happy environment even after the divorce. While challenging, prioritizing the best interest of the child during the divorce process makes their transition to a new life a bit easier.

In general, child custody can be divided into two major categories: physical custody and legal custody.

Physical Custody

Father with young baby Discussion of physical custody involves the parenting time allocated between the parents. In Georgia, the law does not mandate any specific amount of time to any parent. While it is possible to have zero to 100% physical custody, the majority of cases fall somewhere in the middle.

Here are the four major types of custody arrangements:

Primary custody – one parent has the majority of the time between 51% to 99%.
Joint custody – parenting is split roughly equally
Sole custody – one parent nearly has all the parenting time.
Split custody – one child spends a majority of the time with one parent, while the other child spends a majority of the time with the other parent.

The decision on what type of custody is appropriate for the child falls on the hands of the parents and how they settle such agreement. Stipulations are often outlined describing the conditions for each parent.

Legal Custody

two parents discussing divorce In most Georgia custody cases, both parents are awarded joint legal custody where they are required to discuss and try to agree to all major decisions regarding the upbringing and welfare of the child.

Final Decision Making Authority involves four categories:

Medical – decisions involving non-emergency medical and health care of the child.
Education – decisions involving schools, types of schooling, course of study, and types of classes.
Activities – decisions involving extracurricular activities such as type of activities, limitations of involvement, how much time a child spends on an activity, and scheduling
Religion – decisions involving religious upbringing and training.

Georgia law requires that there should be a primary decision maker for each of the four categories, typically split between the parents. For example, one parent may have a final decision on education and religion while the other decides on medical and extracurricular activities.

Vayman & Teitelbaum, P.C. understands that you have your child’s best interest at heart. We will be your legal support during all negotiations and settlements during the divorce process, or support unmarried dads with obtaining their father’s rights. You have resources at hand to help you understand the steps that you will go through.

What If Parents Cannot Decide?

family going through tough times There are cases when you and your partner cannot decide on a fair agreement in terms of child custody. Certain factors, like moving, education, and financial capacity can be contentious during a divorce case.

When the parents cannot reach a final agreement, the decision of child custody falls on the court. The state will prioritize the happiness and well-being of the child subject to the following conditions:

Capacity – the ability of each parent to give love and guidance to the child. Also includes the education and rearing of the child.
Emotional Ties – the existing emotional relationship of each parent and other family members to the child.
Involvement – past and present level of involvement in the child’s education and extra-curricular activities.
Safety – the court will take into account any history of alcohol and substance abuse, child abuse, or neglect.
Environment-the ability of each parent to provide a stable and loving home environment.
Familiarity – familiarity and knowledge of the child and his/her needs.
Advice – The court will also take into consideration any recommendations from friends, family, and various custody evaluators.

Let the best family lawyers at Vayman & Teitelbaum, P.C. be at your side when dealing with a complicated child custody case. Our years of experience ensures that you are in the right hands. We know that you will need to prepare for the next chapter of your life and we are here to make the child custody process as easy as possible for you.

Frequently Asked Questions

What is the process for determining child custody arrangements in Georgia, Georgia?

In Georgia, cases involving grandparents' rights to visitation or custody are assessed with the child's best interests as the primary focus. Georgia law permits grandparents to seek visitation rights if it serves the child's best interests and certain conditions are met, such as proving a substantial bond with the grandchild. However, the rights of biological parents generally take precedence unless there are exceptional circumstances, such as parental unfitness or the death of a parent. Courts review these cases individually, striving to balance the grandparents' rights with the parental rights and preferences, while prioritizing the child's well-being and stability.

How can you help me establish or modify a child custody agreement?

I can assist you in establishing or modifying a child custody agreement by guiding you through the legal process, helping you understand your rights, and advising on the best approach. This includes preparing and filing necessary legal documents, gathering evidence to support your case, and representing your interests in negotiations or court proceedings. By collaborating closely, we can work towards creating a custody arrangement that prioritizes your child's best interests and addresses your specific concerns and needs.

What factors do Georgia courts consider when determining child custody?

When determining child custody in Georgia, courts assess various factors to ensure the child's best interests are met. These include each parent's ability to care for the child, the emotional bonds between the child and each parent, the stability and quality of each parent's home environment, and the level of involvement each parent has in the child's life. The child's needs and preferences (particularly if they are over 14), as well as any history of family violence or substance abuse, are also considered. Additionally, the court evaluates each parent's willingness to support a relationship with the other parent and considers any other relevant factors to establish a stable and supportive custody arrangement.

How do you approach cases involving parental relocation or parental alienation?

In cases involving parental relocation or parental alienation, my approach prioritizes the child's best interests while ensuring fair consideration of both parents' rights. For relocation cases, I evaluate the reasons for the move, its impact on the child's well-being, and the feasibility of maintaining a relationship with the non-relocating parent. In parental alienation cases, I gather evidence to assess the extent of the issue and work towards solutions that support a healthy parent-child relationship, which may include counseling or court interventions. My goal is to achieve a resolution that addresses the child's emotional and developmental needs while taking into account the concerns of both parents.

What are the potential outcomes and challenges I should be aware of in my specific child custody case?

In your child custody case, potential outcomes may include joint custody, sole custody, or a tailored arrangement that best serves your child's interests. Challenges you might encounter include disputes over parenting time, disagreements on child-rearing decisions, and possible allegations of unfitness or misconduct. The court will evaluate factors such as each parent's ability to provide care, the child's needs and preferences, and any history of conflict or alienation. It's crucial to be prepared for a comprehensive review of your parenting situation and to focus on demonstrating your dedication to your child's well-being and stability.

What is your fee structure, and what are the expected costs associated with my case?

My fee structure generally involves an hourly rate ranging from 150to150 to 150to500, depending on the complexity of your case and my level of experience. In addition to the hourly fees, you should anticipate costs for court filings, process servers, and any required expert witnesses or forensic evaluations. The total cost will vary based on whether your case is contested or uncontested, the need for mediation or trial, and the duration of the legal process. During our initial consultation, we can discuss your specific needs and provide a more precise estimate of the expected costs associated with your case.

How do you communicate with clients and keep them informed about their case's progress in Georgia?

I ensure clear and consistent communication with clients by providing regular updates on their case’s progress through phone calls, emails, and scheduled meetings. I keep clients informed about important developments, upcoming deadlines, and any actions they need to take. I am readily available to answer questions and address concerns promptly, aiming to keep clients engaged and well-informed throughout the legal process. This approach fosters trust and ensures that clients feel supported and involved in their case.

How long do child custody cases typically take in Georgia, and what can I expect in terms of timelines?

Child custody cases in Georgia generally take several months to over a year, depending on the complexity and whether the case is contested or uncontested. If both parties agree on custody terms, the process can be quicker, often concluding within a few months. However, contested cases that require court intervention may take longer due to evaluations, mediation, and multiple court hearings. The process typically involves an initial filing, temporary hearings, a discovery phase, mediation attempts, and potentially a trial before a final custody order is issued.

I highly recommend alternative dispute resolution methods like mediation, as they often result in more amicable, cost-effective, and timely resolutions in family law cases. Mediation is especially useful when both parties are open to cooperating and communicating to reach a mutually agreeable solution, particularly in matters involving child custody, visitation, and property division. It can help preserve relationships, reduce conflict, and offer more control over the outcome compared to litigation. Mediation is particularly advantageous for those looking to maintain a positive co-parenting relationship and avoid the adversarial nature of court proceedings.

Can you explain the difference between legal custody and physical custody, and how they apply in Georgia?

In Georgia, legal custody involves the authority to make major decisions about a child's life, such as those concerning education, healthcare, and religious upbringing. Physical custody refers to the child's living arrangement and daily care. Legal custody can be either joint, where both parents share decision-making responsibilities, or sole, where one parent makes all significant decisions. Similarly, physical custody can be joint, with the child spending substantial time with both parents, or sole, where the child primarily lives with one parent while the other has visitation rights.

How do you handle cases involving grandparents' rights to visitation or custody?

In cases involving grandparents' rights to visitation or custody, I prioritize the child's best interests while respecting the legal rights of both parents. Georgia law allows grandparents to seek visitation rights under specific conditions, such as when it benefits the child's well-being and a significant bond exists between the grandparent and the child. For custody cases, we gather evidence to show that awarding custody to the grandparent serves the child's best interests, especially if there are concerns about parental unfitness or other negative factors. Each case is unique, and my goal is to achieve outcomes that promote stability and positive relationships for the child while addressing the legal complexities involved.

What should I do if I believe the other parent is not acting in our child's best interests or is violating a custody order in Georgia?

If you suspect that the other parent is not acting in your child's best interests or is violating a custody order in Georgia, it's crucial to act promptly to safeguard your child's well-being. Begin by documenting any incidents or behaviors that raise concerns, noting specific dates, times, and details of the alleged violations. Consult with your attorney to explore your options, which may involve filing a motion to enforce the custody order or seeking a modification if the current arrangement no longer benefits the child. Your attorney can guide you through the legal process, assist in gathering evidence, and advocate for the necessary actions to ensure your child's safety and stability.

Effective co-parenting after divorce or separation in Georgia requires clear communication, mutual respect, and a focus on the child's well-being. I recommend creating a comprehensive parenting plan that details schedules, responsibilities, and decision-making processes to reduce conflicts. Ensure that discussions remain child-centered and respectful, avoiding negative comments about the other parent in front of the child. Be flexible and open to compromise when needed, and maintain consistency in routines and rules between households. Utilize co-parenting apps or shared calendars to coordinate schedules and share information efficiently. Regularly review and adjust the parenting plan as your child's needs change to support a stable and cooperative co-parenting relationship.

Can you provide information on the process for modifying an existing child custody order if circumstances change in Georgia?

To modify an existing child custody order in Georgia due to changed circumstances, you must first file a petition with the court that details the reasons for the modification and provides supporting evidence. Changed circumstances might include a parent moving, shifts in the child's needs, or significant changes in either parent's ability to care for the child. The court will then schedule a hearing where both parties can present their arguments. The judge will evaluate whether the proposed modification serves the child's best interests. It's crucial to adhere to the legal process and consult with an attorney to effectively navigate the complexities of modifying a custody order.

What are the potential challenges or issues that can arise during the child custody process in Georgia, and how do you address them?

Challenges during the child custody process in Georgia can involve disputes over parenting time, disagreements on decision-making authority, allegations of parental misconduct, and managing complex emotional dynamics. To tackle these issues, I focus on thorough preparation and gather compelling evidence to support my client's case. My approach emphasizes advocating for the child's best interests while fostering cooperation and encouraging mediation or negotiation to resolve conflicts amicably. If litigation becomes necessary, I provide strong representation in court to protect my client's rights and ensure the child's well-being throughout the legal process.

How do you stay updated on changes in Georgia family law and how they may affect child custody cases?

To stay informed about changes in Georgia family law that impact child custody cases, I regularly participate in legal seminars, workshops, and conferences focused on family law. I also engage in continuous legal education and keep up with updates from legal publications and resources. By networking with peers and colleagues in the legal community, I exchange insights and discuss recent court decisions or legislative changes relevant to child custody matters. This proactive approach ensures that I provide clients with accurate and up-to-date legal advice tailored to their specific situations.

What documentation or evidence should I gather to support my child custody case, and how can I assist in building a strong case in Georgia?

To build a strong child custody case in Georgia, gather comprehensive documentation, including communication records with the other parent, school and medical records for the child, and any relevant court orders or agreements. Maintain a detailed journal documenting interactions with both the child and the other parent, noting significant events or concerns. Obtain witness statements from individuals who can attest to your relationship with the child and your parenting abilities. If relevant, gather evidence of any history of abuse, neglect, or substance abuse that could affect the child's welfare. This thorough documentation will help demonstrate your commitment to the child's well-being and strengthen your case in court.

Let’s Talk Now- Case Evaluation

Vayman & Teitelbaum, P.C. is your legal support whether you are already filing for divorce or you are still deciding. We have the experience and the resources that you need during the entire legal process. Legal information is your key to painless and smooth divorce process between you and your spouse. Our Family Law Attorneys provide a Case Evaluation so you can make sure we are the right fit for you.

Call Vayman & Teitelbaum, P.C. now at (678) 504-8411 for your Case Evaluation.