When divorce involves a child or children, the issue of child custody and visitation will surface. Custody and visitation will also be an issue in paternity and legitimation cases involving children born to unmarried couples. The determination of custody will have an important impact on the lives of parents and their children and how decisions will be made regarding the well-being of those children.
If there are disputes regarding child custody in your divorce or other situation, it is critical that you have an experienced advocate on your side to help you protect the people who are most important to you. At the law firm of Bivek Brubaker & Prescott LLC in Marietta, our Marietta child custody attorneys have the skill and understanding to put children first, and to pursue the fair custody and visitation options that our clients deserve.
Contact us to learn more information about your Cobb County child custody needs or child custody in Georgia. Call our office to schedule a 30-minute consultation at 404-793-6530 or at 866-527-2630.
In Georgia, many of the issues regarding child custody are dealt with in parenting plans, which detail specifics of physical and legal custody, including:
CLICK HERE for a blank parenting plan form for Cobb County custody cases
CLICK HERE for a blank parenting plan for Fulton County custody cases.
In some cases involving child custody, a guardian ad litem is often appointed — someone who acts as a neutral party looking out for the best interests of the children. While we often represent parents in custody cases, our attorneys are also trained as guardian ad litem. Our attorneys will help you understand the role of the guardian ad litem in custody cases.
When lifestyle changes happen after a divorce decree or parenting plan has been created, a modification of custody might be necessary. We can help you seek a modification — or dispute a modification if your ex-spouse is attempting to change the decree or plan without proper justification — and will defend your rights throughout the process.
In Georgia, for child custody agreements, the Courts require a detailed parenting plan if you are getting a divorce and you and your spouse have minor children (children under the age of 18).
A parenting plan will have to specify both physical custody and legal custody, which are both terms of art.
Physical Custody is a calendar of where the children will be physically residing during the weekdays, weekends, and holidays. The parenting plan can be as detailed as the parents want it, but the Court will want, at the very least, a basic understanding of what the anticipated schedule is going to be for the children. The parties are welcome to deviate from the schedule if they both agree, but once filed with the Court and agreed upon by the parties, the schedule must be upheld, unless the parents both agree.
Legal Custody has to do with which parent will have the final-decision making authority on issues related to the children’s education, health care, extra-curricular activities and religion. Most divorced couples share joint legal custody, which requires the parties’ to cooperate and make decisions jointly. However, in the event the parents are unable to agree on a major decision, then effective parenting plans designate a final decision maker so as to avoid problems in the future. The parents can choose to split final decision making authority and each pick two categories, or one parent can take all of the categories, or the parents can split the categories with 3 going to one parent and 1 going to the other. Each parenting plan is different, and should be well thought out prior to drafting and executing. The Georgia child custody expert attorneys at Bivek Brubaker & Prescott, LLC can help advise you on the drafting or modification of a parenting plan. We have creative ideas for parenting plans that work for all types of families from the extremely contentious to the extremely amicable. We can help craft parenting plans for parents that live close together, and also for parents that reside far apart.
We have crafted parenting plans in Georgia for military service members, and parenting plans for parents residing internationally. We bring decades of experience in helping you craft a parenting plan that will promote effective co-parenting, minimize conflict, and prevent future litigation. Let us be your sounding board and advisors to help you craft the best possible parenting plant to govern your child custody dispute in Georgia.
Pursuant to O.C.G.A. 19-9-3 a judge may consider certain factors in determining what’s in the best interests of the child and what will best promote the child’s welfare and happiness in determining what the custodial arrangement in a Georgia divorce should be. The factors include:
Your children are the most important thing in your life. Let us help you protect their future and your rights through the legal process. Our Atlanta and Cobb County child custody lawyers are experts. Contact us to schedule a 30-minute consultation at our office in Marietta. Call toll free at 866-527-2630 to make an appointment with our Georgia child custody lawyers.