Georgia Child Custody Attorney

Child custody in Georgia involves legal and physical custody of the child or children. Legal custody is where the child resides, and legal custody gives a parent or parents the authority to make major decisions for the child.

Custody can be a contentious part of a divorce, which makes things hard for everyone, including the children. At Robert Christian Rutledge, PC, in Rome, I help divorcing parents and unmarried parents resolve their child custody concerns with the child’s best interests in mind. I am child custody attorney, Robert Christian Rutledge. I understand that this is an emotional issue, but I am here to help you get through it and to protect your time with your children.

Types Of Custody In Georgia

Parents may seek legal and/or physical custody in Georgia. Legal custody gives you the right to make major decisions for the child, including those regarding health care, religion and education. Physical custody is with whom the child lives. Legal and physical custody may be joint or sole.

In some cases, one parent has sole legal and physical custody. In others, the parents share joint legal and physical custody. One common scenario is that they have joint legal custody, but one parent has primary physical custody and the other has visitation rights (parenting time).

Custody Arrangements Are Determined By The Best Interests Of The Child

The court will consider what is in the best interests of the child when deciding on custody. The criteria involved include:

• The relationship between the child and their parents and siblings
• The ability of each parent to address the child’s needs
• The overall health of each parent
• The preference of children (14 and up) regarding which parent they prefer to live with; consideration may be given to children younger than 14
• The presence of drug or alcohol abuse
• Domestic violence or abuse

In some cases, a custody evaluation is done to help the judge determine the appropriate custody arrangements. You can request an evaluation or a judge can request it. Typically, these evaluations are requested when there are concerns about domestic abuse, substance abuse, neglect, children with special needs or the mental illness of a parent or child.

Custody evaluations are time-consuming and expensive. You may want to discuss whether an evaluation is necessary with your child custody attorney.

Is Joint Custody The Norm In Georgia, And Is It Appropriate For My Family?

Primary physical custody is the most common arrangement in Georgia. This means that the children live with one parent the majority of the time and the other parent gets visitation (parenting time) with the children. There are various ways this can be set up, whether it is primarily over weekends or includes a day or two during the week as well.

Whether this is the best situation for your family depends on many factors. Does one parent work long or unusual hours? Does one parent travel for work frequently? Does the child have a strong preference for one parent over the other? Is the child’s school much closer to one parent’s home? Does the child have special needs that are better attended to by one parent? You may have other considerations in your specific circumstances, which I will discuss.

When Can An Emergency Child Custody Order Be Issued In Georgia?

An emergency child custody order can be issued when there is a significant danger to the child, such as:

• Neglect
• Child abuse
• Domestic abuse
• A parent is arrested
• A known sex offender is living in the house
• A parent has a physical or mental health issue that is dangerous to the child
• There is a risk of the custodial parent abducting the child

While you can file the motion yourself, it may be better to have an experienced child custody attorney do it for you so that it is correct.

I Have 20 Years Of Experience In Northwest Georgia

To get started on your custody case, please call me at 706-510-0133 or contact me online today. I can set up an appointment to discuss your custody needs.