There is nothing I do as a lawyer that is more difficult or heart wrenching than a custody fight. Custody battles are by far the most contentious aspect of divorce litigation and drain your emotions, your finances, and, often, what little respect your might have had left for your spouse. Your life becomes an open book as your parenting skills are judged by what seems like the whole world. There are very few of us that can maintain grace under that kind of pressure and scrutiny. My hope in this article is to educate you on the basics of custody in Georgia as information goes a long way to approaching a custody dispute. The term “custody” actually has two implications. In Georgia, there are two forms of custody: legal and physical. “Legal Custody” is the term used to identify decision making powers parents have over their children. Absent unusual circumstances, parents are usually awarded “joint legal custody,” as both parents have a right to be involved in the decisions that affect their children. What this means in practice is that parents have a duty to communicate and consult with one another on major issues affecting their children. The areas most notably focused on are decisions involving children’s non-emergency health care, their education, their religion, and their extracurricular activities. Although parents need to communicate and consult with one another before decisions are made, it is wise to have one parent as a “final decision maker” in the event that parents cannot agree. It used to be that the children’s primary physical custodian (which we will talk about in a minute) was the chosen final decision maker. This has changed somewhat in that courts often divide these decision-making powers so as to balance the parents’ influence and control. “Physical Custody” is the term given to the determination of where the children live. The “primary physical custodian” is a term often used to describe the parent who has the children for the majority of the time and the “secondary physical custodian” is the name used to identify the parent who visits with the children on a certain schedule. We now call such time “parenting time.” All divorcing couples with children are also required to present a “Parenting Plan” with their settlement agreement outlining down to the number of days the time each parent has “parenting time” with their children. The Parenting Plan also mandates certain idealistic, but very important, concepts. For example, neither party is permitted to disparage the other to or in front of the children. Neither party is permitted to utilize the children as a “go between” for adult communications (regarding child support for example), and each party is entitled to full information regarding a child’s school and medical records. While somewhat tedious, a parenting plan, if done correctly, will aid both parents and children post-divorce. The law has taken a lead role in trying to mandate grown-up behavior in divorcing parents so that the children’s best interests are always at the forefront. In fact, custody battles are really an inquiry into what is in the best interest of the child. It used to be thought that placing children with their mothers was almost a given. This mindset has changed, and both father and mother are on equal footing under the law when it comes to determinations of custody. Some frequently asked questions: Q. My husband left me for his secretary who is only ten years older than my daughter. Surely, I will receive physical custody? A. If only it were that simple. Courts are much more likely to focus on how this relationship would negatively impact your daughter rather than the relationship itself. What consenting adults do behind closed doors is not necessarily relevant to the type of parent they are. Every custody case is different, and the facts of each dissolving marriage differ. The one constant is the court’s focus on how these various facts impact the best interests of the child. REPEAT. The best interests of the child. The reason why this phrase is bolded and repeated throughout this article is that its importance cannot be emphasized enough. The way you discipline, your involvement in your children’s school and activities, your encouragement of your children’s relationship with their other parent, your willingness to co-parent, your ability to provide, and numerous other factors go into an analysis of what parenting arrangements are in the best interest of the children. In determining the best interests of the child, the law provides the judge with seventeen factors he or she may consider including, but not limited to: The love, affection, bonding, and emotional ties existing between each parent and the child; The capacity and disposition of each parent to give the child love, affection, and guidance; Each parent's knowledge and familiarity of the child and the child's needs; The capacity and disposition of each parent to provide the child with food, clothing, medical care, day-to-day needs, and other necessary basic care, with consideration made for the potential payment of child support by the other parent; The mental and physical health of each parent; and Any recommendation by a court appointed custody evaluator or guardian ad litem. See §O.C.G.A. 19-9-3 . Q. What is a Guardian Ad Litem? A. A Guardian Ad Litem, or “GAL”, is an attorney specially trained who is appointed by the Court (but that you have to pay for) to assist in the investigation of what custodial and parenting situation is in the best interest of the child. The GAL will offer a written or oral report to the Court and recommend custody provisions. The GAL will most likely come to your home, observe you and your children, your spouse with the children, speak to witnesses, review all medical and psychological records of the parties and/or the children, visit the children’s school and talk with just about anyone who may have information pertinent to the best interests of the children. The GAL is a neutral in the sense that they do not advocate for either parent—rather it is their job to advocate for the child. In simplistic terms, the GAL is your child’s lawyer but operates at the will of the Court. Q. My son is fourteen and says he wants to go live with his Father. I know this is only because I have rules in my house and his Father just lets him do whatever he wants and buys him everything he wants. What will the Judge do? A. As with all things in the law, it depends on the judge! Up until recently, a child fourteen or older could elect which parent he or she wanted to live with, and that decision was considered a fait accompli unless the chosen parent was unfit. However, the Georgia Legislature recently changed this law so that a fourteen-year old’s election would be honored so long as such election was deemed to be in the best interest of the child. This change is supposed to make it somewhat easier to challenge a child’s election, as showing a parent is unfit for custody is much more difficult than showing the best interests of the child are better served with you. This change in the law is relatively new and, in practice, most judges are apt to place great emphasis on the child’s election. Q. I was divorced two years ago. I want to move to New York, but my ex-husband is threatening to take me back to court to try and get custody if I leave. Can he? A. Once the divorce is final, most people breathe a heavy sigh of relief to be DONE! However, more often than not, some form of request to modify the court order will be in your future and, more often than not, it comes in the form of a request to modify custody and/or child support. In Georgia, you can modify custody if there has been a “change of circumstances” significant enough to warrant such a modification. Here, one parent moving out of state often qualifies as a change of circumstance thereby providing legal grounds to modify custody. As with all comments in this article, much depends on the individual circumstances of your case. You would probably retain primary custody BUT the parenting time granted to your ex would probably be enlarged and child support potentially decreased to provide financial means to enable long distance visitation. On the other hand, if your ex lives in the same school district, has remarried and there are half or step siblings, the children are involved in extensive team sports (i.e., they are very entrenched in their lives here and Dad can provide a very stable and happy home), you may be in for a fight. For the sake of your children, I sincerely hope you never find yourself in a custody dispute. But, if you do, remember that taking the “high road” is often the best for your children. Do not share with them the details of the case, do not bad mouth their other parent to them or around them, and do your very best to encourage their relationship with them. Loving your children more than you hate your ex-spouse will go along way towards the best interests of your children.

Co-parenting, the shared responsibility of raising children after separation or divorce, can be a complex journey filled with both rewards and challenges. It's a dynamic process that requires cooperation, communication, and compromise from both parents.

Life goes on after a divorce, even if it doesn’t always feel like it. While you might be making decisions about how to change your lifestyle now that you and your ex are supporting two households instead of one, you need to be conscious of your financial future and protecting your assets.

Caring for a child in a divided household can be challenging. Both parents have an obligation to care for their shared children. If you are the parent with primary custody, you may expect child support from the non-custodial parent.

When considering a divorce in Georgia, you might imagine a future with less anxiety or stress. Before you can get there, your attorney will need to work out the terms of your divorce and manage any debt accumulated during your marriage.

Finances in a divorce can be contentious, even if it seems like the divorce is amicable. Money can strain even the smoothest proceedings, especially when high-value assets are involved in a divorce. There are methods and people to rely on to protect your assets and ensure your divorce is as equitable as possible.

If you’ve decided your marriage needs to end, you’re probably looking for a simple yet effective method. Divorce is a common approach, but you may have heard of annulments and want to know if one will work for you.

As a parent, there’s nothing more important than spending time with your children. It’s understandably one of the highest priorities for a parent going through a divorce or separation. You also want to make sure your children are safe whenever they’re with their other parent. Under Georgia’s visitation laws, there is a chance that parents’ visits may be supervised. Learn more about this type of visitation and how it works.

Divorce can be daunting, especially when high-value assets are involved. Even if it feels amicable, a divorce can quickly turn ugly when elements like property division create friction. If you’re in the middle of dividing high-value financial assets, you don’t need the added struggle of keeping prying eyes out of your affairs.

An all too unfortunate reality now is that about half of all marriages end in divorce. Whether the writing has been on the wall for a while or you felt blindsided when your spouse asked for a divorce, you should take the proper steps to protect yourself, your family, and your future as soon as divorce proceedings begin.

Divorce is a tumultuous topic. For some people, it means the end of a profound relationship. For others, it might mean the freedom to move forward with their lives.

As you contemplate divorce, you may be looking to the future. You might be anxious to leave your marriage, even if it’s an unloving or abusive union, and worried about what kind of financial security you’ll have after your separation is finalized. A Georgia high-asset divorce lawyer can help you answer these questions.

When filing for divorce, you’ll need to identify a reason, or “grounds,” for divorce. As a no-fault state, it isn’t necessary to have grounds to file for divorce, but understanding the process before diving into it can limit disputes and help streamline your divorce.

According to the latest US Census Bureau data, Georgia was among the top 25 states with the most divorced couples in 2018. As a no-fault state, it isn’t necessary to have grounds, or a legal reason, to file for divorce, but understanding the process before diving into it can limit disputes and help streamline your divorce.

The summer is racing by, and the start of the school year is right around the corner! Like it or not, now is the time to start prepping for the new school year. New routines are always stressful, but this is especially true if you have recently gone through a divorce. Adjusting to new schedules – and potentially new schools and new friends – can be tough on kids. Fortunately, there are a few tips you should know and things you can do to make the transition easier for your children – and for yourself.

As family dynamics have changed over the past few decades, we see more and more cases in which people who AREN’T a child’s biological parents are seeking custody. In the state of Georgia, grandparents do have the right to seek visitation or even primary physical custody of their minor grandchildren – under a specific set of circumstances.

Going through a divorce is hard (with or without a Marietta divorce attorney) – not just for you but for the entire family. Dealing with heightened stress, emotions, and potential financial struggles as your family shifts from one household to two can quickly feel overwhelming. As a parent, it’s natural to worry about your children and how they’re coping.

For many of us, social media is the go-to forum for sharing news and information about our lives. When we get a new job, have a new baby, or even enjoy an especially stellar experience at a new restaurant, all the details go on Facebook or Twitter first. It’s a common practice, but is it always appropriate? To be more precise, should you be announcing divorce on social media?

A relationship with a narcissist is often not sustainable in the long term. If your spouse is a narcissist, it may be in your interest to end the marriage and hire a Georgia divorce lawyer. However, how do you know whether your spouse is a narcissist?

Beginning the New Year can be more hectic than pleasurable, especially when preparing records for tax season. Many divorce filings also occur at the start of the year. As reported by Insider, the first Monday of January has been unofficially named “Divorce Day” because of the large number of people considering separating at the beginning of the year.

Getting a divorce after several years or decades of marriage in Georgia can often leave a woman in a financially precarious position. This is especially true if the individual was not the primary income earner in the marital home.

Stay-at-home moms play an invaluable role in society. While you may have relied on your husband to provide financial support, you also worked hard during your marriage to raise good kids and take care of the house. Unfortunately, though, you may have discovered that you have virtually no credit after your divorce settlement.

The term narcissist is being heard more often in Georgia and across the nation. One of the general characteristics of narcissism is having an unusually self-centered focus, which may cause harm to others. As reported by Psychology Today, a narcissist must always be in control, including when a relationship ends. The individual’s actions may not be without proclaiming that the other person is lying.

Your spouse filing for divorce may have been unexpected or a long time coming, but the reality of it is certainly upsetting. When the shock and confusion began to abate, you may have begun to feel fearful. What will your future be like? What will happen to your stock options? How will you get along financially?

Georgia divorce proceedings can be very difficult and very stressful, even with a Marietta divorce attorney on your side, but this may be especially true if children are involved. If a child custody dispute arises, then the court will consider the fitness of each parent when deciding on an appropriate arrangement that protects the child’s best interest.

Although many Georgians (and even some Georgia divorce attorneys) may not think it, a majority of divorces are not due to the high-conflict reasons that keep showing up in celebrity marriage scandals. Cheating, addiction, or abuse may have their place in some divorces, but nearly 60 percent of marriages end because of a “slow erosion toward cohabitating strangerdom.”

After a divorce, if one spouse has primary custody of the children he or she may receive child support from the other spouse. It is also extremely common for the spouse that owes child support to not pay or not completely pay the amount ordered by the court.