Child Custody Attorney in Columbus, GA

Columbus, GA Family Lawyer | The Law Offices of Scot Sikes

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Child Custody in GA

If you are involved in a child custody case in the Columbus GA or Fort Moore (Fort Benning) GA area, then call the law offices of Scot Sikes. Mr. Sikes is an experienced child custody lawyer that fights hard for his client’s rights.

Child Custody in Georgia: What You Need to Know

When parents separate, emotions can run high. One of the most difficult interactions that parents face is determining who will have custody of their children. It’s an important decision that will affect an entire family for years to come. That’s why it’s important to understand the laws and procedures regarding child custody in Georgia.
 
As the laws vary from state to state, it’s essential to consult with a qualified lawyer to ensure you are taking all of the appropriate steps necessary to secure a favorable outcome both for your child’s welfare, and for your legal rights. A skilled lawyer can guide you through the process of determining child custody in Georgia and help answer any questions you may have.
 
Here is a comprehensive guide to the laws pertaining to child custody in Georgia.
 
Questions? Call an experienced Columbus Georgia family lawyer to discuss your case.
 
The Role of the Courts in Columbus Georgia
 
When it comes to matters of family law, the judicial system plays a key role in determining child custody in Georgia. If parents are unable to reach an agreement out of court, a judge will hear both parties’ arguments and render a ruling. Judges aren’t bound to particular rules as long as they render a decision based on the best interests of the child.
 
The courts typically take a variety of different factors into consideration when assessing child custody in Georgia. These include the child’s age, health, bond with each parent, and the ability of each parent to provide a stable home environment. Other considerations may include the wishes of the child, if they are of sufficient age, and also any relevant history of drug or alcohol abuse, criminal record or mental illness.
 
Types of Child Custody in Columbus Georgia
 
When it comes to child custody in Georgia, there are two main types of custody that can be awarded: legal custody and physical custody.
 
Legal custody refers to the amount of control one has over decisions regarding the child’s welfare and upbringing. For instance, legal custody allows a parent to make decisions about a child’s religion, education, medical care, and general welfare.
 
In most cases, the courts will grant joint legal custody, meaning both parents are equally authorized to make decisions concerning the child. In instances where joint legal custody is not awarded, the parent granted legal custody will have the exclusive right to make decisions.
 
Physical custody refers to the parent who has the primary right to live with the child. When a judge awards joint physical custody in Georgia, both parents can share in the child’s physical care. That said, in more traditional arrangements, the court generally awards physical custody to the primary residential parent.
 
Visitation Rights in Columbus Georgia
 
In cases where one parent is granted primary physical custody, the court will usually designate visitation rights for the other parent. Usually, the noncustodial parent has visitation rights based on a specific schedule, typically on alternating weekends.
 
Georgia law also allows for visitation by grandparents and other family members. However, such visitation rights must be approved by the court. Generally speaking, grandparents and other relatives may petition for visitation rights if they can show that such visitation is in the best interests of the child.
 
Custody Modifications in Columbus Georgia
 
Georgia courts recognize that circumstances change over time. If either parent wishes to modify their child custody arrangement, they may petition the court for a modification.
 
A child custody modification may be requested due to a significant change in circumstances such as a change in the parents’ living arrangements, a change in income, or a change in the child’s personal or medical needs. The court will consider the best interests of the child when deciding whether or not to approve the modification.
 
Custody Evaluations in Columbus Georgia
 
When faced with questions of child custody in Georgia, the court may order a custody evaluation to determine what arrangement is in the best interests of the child. These evaluations often involve interviews with the children, parents, and other relatives. They may also include psychological evaluations or home visits. Ultimately, their decision is based on the best interests of the child.
 
Child Support in Columbus Georgia
 
In cases of child custody in Georgia, the court will make a separate determination on the ability of the non-custodial parent to provide financial support for the child. This includes setting a child support amount to be allocated and paid as deemed appropriate by both parties.
 
We understand that the legal process of obtaining child custody can be overwhelming. The best thing is to consult with a qualified attorney who can provide guidance and answers to your questions. A skilled attorney can help you navigate the complex issues of child custody in Georgia and ensure the legal process runs as smoothly as p

Who will get custody of our minor children?

Generally, the Georgia courts don’t favor one parent over another, and either the father or the mother could be awarded custody of your children.

If you and your spouse can’t agree on who should have custody of the children, your attorneys, and the judge will make the decision for you. The goal of the judge and the court is to have a custody plan in place that is in the best interest of the minor children. Until the court makes this decision you and your spouse will probably share custody.

If a child is 14 years or older, they may be able to choose which parent they want to live with. Children under the age of 14 may be asked which parent they want to reside with, but the judge will consider many other things before making a final decision.

The ability of each of the parents to properly care and provide for the children is one the main factors the judge considers before rendering their decision on custody of any minor children.

Do I need a Georgia attorney for my child custody case?

If you and your spouse can’t agree on the issue of who should have custody of the minor children, you should both have your own attorneys. Sometimes the court will appoint a guardian ad litem to represent your child in the custody case.

If you are in a child custody case in the Columbus GA area, then call an experienced custody attorney at 1-866-494-6908 to protect your rights.

What is the difference between physical and legal custody?

If your house is the child’s primary residence, in other words, where the child spends the majority of their time, then you have physical custody. This means that you have the rights and obligation to make everyday decisions for the child.

If the court granted you the right to make long-term decisions for any minor children, then you have legal custody. This means that you can determine what school your child attends, what church your child goes to, and what activities your child participates in. The legal custodian has the right and obligation to make any decisions that affect significant aspects of the minor child’s life.

What is sole custody?

This means that you have both physical and legal custody of your minor child or children.

My ex-spouse and I were just awarded split custody of our children. What does that mean?

This is when two or more children are separated and each parent gets custody of one or more of the minor children. The judge will consider age, gender, the children’s preferences, etc. when they make a decision for split custody.

What exactly is joint custody?

When the judge awards joint custody, it means that you and your spouse share custody of the minor children. There are two forms of joint custody; joint legal custody and joint physical custody.

If you and your spouse have joint legal custody, this means that you both have the same rights and responsibilities for all the major decisions in your children’s lives. Joint physical custody is when both parents have the same amount of time with the children, or at least 35 percent of the time with each parent.

As parents you will have to come to an agreement on how disputes will be handled if you can’t agree, or if one of you is not available and a decision has to be made. Any joint custody agreement will be reviewed in detail by the judge to make sure that the children’s best interests are being met. The judge will want to make sure that neither of you are attempting to use your children as pawns to gain other concessions in the divorce.

The judge can also toss out any joint custody agreement you and your spouse have agreed upon if they feel the best interests of the children are not being satisfied and the judge could come up with a child custody plan in place of the one you and your spouse agreed to.

If you are receiving any type of government assistance such as AFDC or Medical Assistance, you should talk to your social worker before any child custody agreement is made final by the court.

What court will hear my child custody case?

The Uniform Child Custody Jurisdiction Act applies to every state in the U.S. This Act requires that any matter of child custody must be heard in the court that has proper jurisdiction over the child. This means that the court in the county the child lives in has jurisdiction over your child custody case, but if the child has moved in the past six months, a court could decide that the country the child previously lived in has proper jurisdiction.

The formulas the courts use to determine jurisdiction in a child custody case are very complicated. The court will look at where each parent resides, where they work, pay taxes, vote, and where the child attends school. The court could also take into account where the child’s school and medical records are located.
If a child is in Georgia and has been abandoned or in need of emergency protection because the court feels the child may be being abused or neglected, the court in Georgia will handle the case.

Do I still have rights if I am not married to the child’s mother?

If the mother of your child and you are not married, the child belongs to the mother unless you want to sue for parental rights and can prove paternity. This is called a “filiation” suit. If the mother of the child does not contest that you’re the father, you can establish paternity orally or in writing without having to take a paternity test. You can establish paternity by marrying the mother and taking the child as your own. A filiation lawsuit is not required in order to seek custody of the child, but it may be necessary in cases where the mother of the child is contesting that you’re the father. An attorney can help you in this matter.

What are the factors the court looks at when determining who will get custody of my children?

When formulating a joint physical and legal custody plan that will be in the best interests of your minor children, the judge will look at a number of different factors. Some of the most common factors are:

1. Which parent is the primary caregiver? The primary caregiver to the children is the parent that dresses them, feeds them, bathes them, and cares for them the majority of the time.

2. Fitness. The court will look at which parent has the physical and psychological ability to be the best parent for the children. If your spouse or you have abused your children or any other children in the past, the judge may deem that parent to be unfit to have custody of the children.

3. Employment. If one of the parents works long hours or travels a lot for their job, the judge will take that into consideration.

4. Family relationships. The judge will look at each parent’s willingness to have the children maintain relationships with other family members such as aunts, uncles, grandparents, etc. If one parent is constantly being disruptive when the other parent has minor children, the judge will look at that very closely.

5. The home of the parents. The judge will take into consideration the living arrangements and living conditions of each parent’s place of residence, and the neighborhood each parent resides in. This will help the judge make a decision as to which home and neighborhood are in the best interest of the children.

6. The children’s ages, gender, and preferences. The judge may rule that because of a child’s age, gender, and health, living with one parent over the other parent is in the best interest of the child. The judge could also consider the personal preference of the child when making their decision. An older child’s preferences may be given more weight than a younger child’s preferences. In the eyes of the court, a younger child may be considered too immature to make that type of important decision.

7. Previous child abandonment. If you or your spouse abandoned a child in the past, this will probably have a direct effect on the judge’s decision regarding joint legal and physical custody of the minor children.

Can my child custody order be changed?

Child custody lawyer Columbus GAThe court hears cases every day from parents wishing to modify their child custody agreements. To have your child custody agreement changed, you must be able to show the judge that there is a valid reason to do so. The judge’s main objective is to ensure that the best interests of the children are being maintained.

The judge wants to know that the safety and welfare of the child is paramount, and may be hesitant to change a child’s living environment without a very good reason.

Saying that the other parent’s house isn’t good enough will carry no weight with the judge. You must prove that something in the other parent’s home is having a negative impact on your child, and this situation has taken place since the original child custody order was issued.

If your child is 16 years old or older, they can petition the court to change the custody order but they have to show that this change of custody is in their own best interest.

The court that issued the original child custody agreement has jurisdiction over any changes to the original custody agreement. If the children have moved to another court’s jurisdiction, the changes to the original custody order could be made by the new court. However, if that move wasn’t approved by the court, and if the children were moved in direct violation of a court order, the court that originally issued the child custody agreement will have jurisdiction and could issue an order that the children be returned to the court’s jurisdiction.

Are my taxes affected by child custody?

If you have custody of your children, you may claim them as a dependent on your income tax. Sometimes the parents will decide to share claiming the children as dependents in alternating years. If you and your spouse want to do that, you need to complete Form 8322 called a Release of Claim to Exemption, and file it with the IRS. You cannot deduct child support from your income taxes.

Click here to read the Georgia Law on Child Custody

Call, Scot Sikes, an experienced Columbus GA Custody and Parenting Plans custody lawyer if you need representation in a Georgia custody case, or fill out the form at the right.