Sole custody is very unusual and means (whether in terms of legal or physical custody) that all custody rights are transferred to one parent and the other parent has no rights. However, having sole custody does not relieve the other parent of his or her obligations, such as . Β maintenance obligations. Until a child reaches the age of majority (18), they cannot decide who they want to live with without a court order. Consider the situation of a 17-year-old who wants to start living with his mother instead of his father, who has custody. The parenting plan is the part of the final divorce judgment that deals with all custody issues in the divorce. The parenting plan must be complete. It should recognize the importance of having a child who has a relationship with both parents and take care of the child`s legal custody and a plan for the child`s physical care. Be able to respond to any accusations that may be made. Show that you were an active and committed parent.
Be able to show all the inconveniences that may exist for the other party. Be prepared to stand up and say to the judge, « I can and will take care of my child and custody of that child should be given to me because that is in the best interests of my child. » Be able to support everything you say. Joint custody is not the norm in the state of Georgia. Joint custody is usually an agreement in which the parents share almost the same parental time. Judges in Georgia have a bias against the same parental time. Joint Physical is a parental agreement that can usually only be entered into by agreement. The judges award one of the parents primary custody and the other secondary custody. The court will consider a variety of factors in determining where a child should live in divorce proceedings or a custody dispute in Georgia. All of these factors focus on what is in the best interests of the child. If joint custody is not possible, the court will carefully consider which parent can provide the most in terms of emotional and physical stability, including the parent`s willingness and ability to facilitate and promote a close and lasting parent-child relationship between the child and the other parent. If you`re facing a custody issue in Georgia, it`s almost always best to make sure you have a guard in your corner to protect your rights. An attorney on duty at Cordell & Cordell Georgia will know the food laws of Atlanta, Fayetteville, Lawrenceville, Marietta and other jurisdictions across Georgia.
Visits are the commonly used term for the parenting time of the non-custodial parent. Visits can also be called secondary physical guard. Courts generally consider health complications, new jobs or moves to be significant changes. The courts may also consider the choice of a parent by a child after reaching the age of 14 as a material change in the circumstances under GA Code § 19-9-3 (5). Therefore, a custody arrangement may require a change based on one child`s desire to live with one parent above the other. A child`s name cannot be legally changed without the consent of both parents. However, if the parties decide to file for divorce, it is likely that the court will maintain the status quo unless one of the parties can prove a change in circumstances justifying a change or if the separate maintenance contract does not comply with the Georgian guidelines on assistance. A parent should never ask a child to choose which parent they want to live with after the divorce.
Courts and experts, who often assist the court in deciding what is in the best interests of the child, disapprove of the front when they force a child to make a decision. Parents with whom a child has applied for custody are generally concerned about forcing their child to make a decision about where they want to live in front of the other parent or in the courtroom. Speaking in a courtroom can be stressful and intimidating, even for adults. Of course, most judges in the chambers of judges will talk to the child, but even this is extremely intimidating for a child. The best practice is to ask the court to appoint a legal representative or custodial assessor appointed by the court to investigate what is in the best interests of the child and to inform the court of that opinion. The child may also sign an affidavit indicating where he or she wishes to live, but the child must be represented by his or her own lawyer, not by one of the parent`s lawyers, when creating and signing that affidavit. In many circumstances, children are overwhelmed by the changes that occur around them during a divorce or custody dispute. They may want to have a say in where they live or how often they see either parent.
The law addresses this issue by giving some children a voice in custody disputes in Georgia. It is the responsibility of the court to place the child with the parent who can best ensure the safety and well-being of the child. Although many lawyers question whether children in a divorced or divorced family are overly empowered, the law in Georgia states that a child over the age of 14 can choose his or her « physical sorcerer, » the parent with whom the child will live more than 50 percent of the time. (The child is not allowed to choose who will be the legal guardian or final decision-maker.) This choice can be made during the first divorce, or it can be the basis for an act of change. (In accordance with Article 19-9-3(a)(5) above. C.G.A., the election constitutes a material change in the circumstances triggered by the right to submit an amendment). Older children may have strong opinions about where they want to live in a custody dispute or after a divorce, but sometimes these feelings are evoked by the manipulation of a parent (for example, « I`ll buy you a car if you tell everyone you want to live with me »), and a court is invited to determine the sincerity of the wishes expressed by the child. The court only has to consider the wishes of a child between the ages of 11 and 14, but for a child 14 years of age or older, the chosen parent will most likely receive primary custody of the child making the choice. The parent who is not chosen by the child could still change this outcome if he or she can prove to the court that the chosen parent would not be able to care for the child or that it is not a choice that is in the best interests of the child. Therefore, it is difficult to overcome the choice of a 14-year-old child. « In all custody cases where the child has reached the age of 14, the child has the right to choose the parent with whom he or she wishes to live.
The choice of the child for custody is presumed, unless the parent so chosen is determined not to be in the best interests of the child. Ultimately, a parent is given final decision-making power for those times when the parents are unable to make an amicable decision. As a general rule, the final decision is the responsibility of the parent who has primary custody. Children between the ages of 11 and 14 may comment on custody arrangements under Article 19-9-3(6) of the GA Code. The court may take this advice into account when determining which parent will be the child`s primary guardian. However, the court is not required to approve the child`s decision. Children in this age group do not have the final say on where they are allowed to live. If there is a recent court order regarding custody of a child, the choice of a child 14 years of age or older may be considered a material change in circumstances sufficient to warrant a change in custody of the children. This means that the 14-year-old`s choice to change custody will be sufficient to take the case to court to change custody. However, this choice alone may not be enough to change custody. When children want to make a choice about who they will live with, it is not uncommon for the judge to question them privately.
In these cases, the judge will ensure that the children understand their decisions and have not been subjected to unlawful threats or pressure from a parent. According to GA code § 19-9-3(5), children aged 14 or over can choose the parent they want to live with in the first place. Once the child has made a decision, he or she must sign an affidavit of custody and submit it to the court. Before you try anything, you should know that the most important thing is preparation. In any custody dispute, there is a « winner » and a « loser ». Part of the preparation is knowing what the other party will say to try to put you in the « loser » category. This standard of « presumed best interests », which applies to any person from 1. January 2008 gives the Court of First Instance some leeway to refuse to respect a child`s choice of custody […].