If you are going through a divorce or separation with a person you have children with, you are likely undergoing legal proceedings to determine how you will share visitation and custody of your children. During these proceedings, you and your ex-spouse may disagree on proposed custody arrangements, leading to a contested child custody case.
Emotions can run high during such a dispute, leading to clouded judgment and poor legal decisions. Don’t let your emotions get the best of you. Instead, hire a Canton family lawyer from Speights Law. A Canton contested child custody lawyer from our team can offer persistent advocacy, fighting for the custody agreement that’s best for you and your children.
Understanding Contested Child Custody Cases
Whether you or your ex-spouse are seeking to change a current custody agreement, it can be helpful to understand the requirements that must be met to contest a custody agreement and how such a dispute is resolved. At Speights Law, our diverse team of trial lawyers and former prosecutors have worked on cases like yours since 2001.
Our Canton contested child custody lawyers understand the ins and outs of divorce law, custody modifications, and contested child custody cases. We can provide the information, guidance, and representation required to get a favorable outcome. Let’s take a closer look at what goes into a contested custody case.
How a Contested Child Custody Case Is Determined
If you or the other parent of your children has an issue with the custody arrangement, the dispute won’t be settled by a jury. Instead, a judge will determine the outcome of your case, basing their decision on what they believe will be best for your children.
Although there won’t be a jury, you’ll still be able to present evidence to the judge that shows why the current custody agreement should change or remain the same. Our contested child custody lawyers in Canton are closely familiar with the criteria and evidence that judges base their decisions on when overseeing custody disputes.
We can make sure you have the evidence necessary to obtain an outcome that benefits you and your children.
Deciding What Is in the Best Interest of the Children
There are several different types of evidence a parent can use when attempting to change a custody agreement. Under Ga. Code § 19-9-3, the evidence presented must show that a change in custody will be in the best interests of the children. A judge may consider the following factors when deciding what is best for your children:
- The love and emotional bonds that exist between the child and the parent
- The love and emotional bonds that exist between the child and their siblings, step-siblings, etc.
- The ability of the parent to give guidance, love, and affection to the child
- The ability of the parent to raise and support the education of the child
- The parent’s knowledge of the child’s needs
- The parent’s ability to provide food, medical necessities, clothing, and other basic needs to the child
- The safety of the parent’s home
- The parent’s physical and mental health
- Evidence of mental, physical, or sexual abuse
- Evidence of substance abuse by the parent
- A parent’s willingness to encourage a relationship between the child and the other parent or to co-parent
- And other evidence related to what is in the minor child’s best interests
These are just a few of the factors a judge may consider when determining the outcome of a contested custody case. Convincing a judge that a custody arrangement should change or remain the same can be difficult.
Fortunately, our attorneys have handled countless cases like these. We can gather solid evidence and use it to make a compelling argument as to why the judge should rule in your favor.
“We take pride in our ability to help our clients get to a better place.”
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770-479-1500Considering the Child’s Custody Preference
If you and your child both want the same outcome from the contested custody case, you might be wondering if their preference will carry weight in court. According to Ga. Code § 19-9-3, if your child is between the ages of 11 and 14, a judge will consider their custody preference, but the child’s preference won’t control the final decision.
If your child is 14 or older, they will be able to select who they want to live with. Even for a child 14 or over, the court will still closely examine whether the child’s selection is in the minor child’s best interests.
How a Contested Child Custody Lawyer From Canton Can Help You
Navigating a contested child custody case can be extremely difficult and confusing. The good news is that our team can handle every aspect of your case, ensuring all required steps are taken. Here’s what our firm can do to get the best outcome possible for you and your children:
- Explain the nuances of Georgia family law and provide clear guidance
- Prepare and file important documents
- Gather evidence and build a strong case
- Provide aggressive representation in and out of the courtroom
- Persistently fight for a custody agreement that works for you and your children
- File an appeal, if necessary
Schedule a Free Consultation With a Contested Child Custody Lawyer From Canton
Going through a divorce can be complicated, especially if children are involved. When figuring out a custody plan, you’ll want to do everything you can to get the best outcome for your kids. Whether you are fighting to change a custody agreement or keep it the same, an experienced attorney can advocate for an arrangement that meets your child’s needs.
Contact Speights Law today to schedule a free consultation with a seasoned child custody lawyer. An attorney from our team can meet with you to discuss your situation and your legal options. If we agree to work with you, we’ll fight relentlessly to get an outcome that prioritizes your child’s safety, emotional well-being, and future.
