This is a basic run down of some child custody basics by our Atlanta Child Custody Lawyer. It is not intended to be legal advice but to educate viewers of some of the definitions child custody lawyers throw at them.
What is Child Custody law?
In the state of Georgia, each judge would like to see both parents play a significant role in their child’s development, as would our child custody attorney in Atlanta GA, but sometimes that just is not the case. Often times the child’s parents cannot see eye to eye on the best parenting techniques or approaches, which cause discontent in the life of the young one who simply wants to feel loved by both sides. When this matter has to be decided in a court of law, there are two areas of child custody law that are up for discussion: Legal custody and physical custody.
Physical custody is the actual decision regarding where the child or children will reside. One parent typically has custody of the children, while the other participates in visitation rights. In some cases, joint physical custody is possible, where the children split their time equally between the homes of both parents. The deciding factors in physical custody disputes can come down to work schedules, living arrangements and varying individualized facts that account for the child’s best interests.
Legal Custody is the shared responsibility of the parents to engage in discussion with one another to make decisions regarding the health, education and general welfare. This type of custody grants a legal “say” to both parties so the child can be raised with balance and integrity. When it is simply not in the best interest of the child to live under joint legal custody, one parent can enlist the court’s help in assigning sole legal custody to him or her to avoid the opinions or feelings of the other parent in the child’s upbringing.
Georgia Child Support
In an effort to avoid arbitrary child support awards, the Georgia legislature has adopted a formula for calculating child support that is largely based on the supporting parent’s income and the number of children being supported. However, under certain circumstances deviations from the formula are appropriate and acceptable.