Deciding which parent a child will live with is not a simple matter for some couples. If you and your child’s other parent disagree on which home is suitable, a Cumming contested child custody lawyer from Speights Law can work to resolve the issue so everyone can move forward.
For more than 20 years, our family lawyers in Cumming have used our knowledge and legal experience to guide families toward a solution that works for everyone, especially the child. We can lead your case and help you prove your case for or against a custody agreement. Call us today for a private consultation.
What Are the Reasons for Contesting a Custody Arrangement?
Someone might contest a custody arrangement for several reasons. Common reasons include the following:
- Disagreement about parenting abilities: There could be doubts about the other parent’s ability to meet the child’s needs and provide proper care.
- The desire for more time: A parent might want to spend more time with the child and feel the current arrangement doesn’t allow enough visitation or shared custody.
- Changes in circumstances: Life changes, such as a new job, relocation, or changes in the child’s needs, might prompt a parent to seek a new custody arrangement.
- Child’s preferences: As children grow older, their preferences might change, and one parent might contest custody to better align with the child’s wishes.
- Violation of current arrangement: If one parent is not following the agreed-upon custody terms, the other parent might contest to enforce or modify the arrangement.
These reasons can lead to legal disputes, with each parent presenting their case to ensure the custody arrangement serves the best interest of the child.
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770-479-1500Understanding How Contested Child Custody Works in Georgia
Contested child custody occurs when parents can’t agree on who should have custody of their child. Below is an overview of how the process works:
- Filing for custody: One parent files a petition with the court to request custody of the child. This starts the legal process.
- Response from the other parent: The other parent has a chance to respond to the petition. They can agree, disagree, or propose a custody plan.
- Court hearings: The court will schedule hearings at which both parents can present their cases. Each parent can show evidence, call witnesses, and explain why their custody plan is best for the child.
- Investigation: Sometimes, the court might order an investigation to get more information. This can include home visits, background checks, and interviews with the child and parents.
- Judge’s decision: After considering all the evidence and hearing from everyone involved, the judge will make a decision about custody. The judge’s main concern is what is best for the child.
- Possible appeals: If one parent is unhappy with the decision, they can appeal to a higher court to review the case.
Throughout this process, having our Cumming contested child custody dispute lawyer can help you understand your rights, present your case effectively, and work toward a solution that is best for your child.
Why a Judge Determines Which Parent the Child Will Live With
Georgia law is clear about the criteria the judge should consider when determining what is in the best interests of the child. You can expect them to follow state law and legal standards to ensure the custody decision is fair and that your child lives in a stable and supportive environment.
Once the judge decides which parent will have legal and/or physical custody of the child, the other parent must abide by the decision. The non-custodial parent must also adhere to the visitation schedule. While this custody order is in effect, it is not set in stone.
If a parent wants to change it, they must initiate legal action to modify a custody agreement. If you are in this position, our Cumming child custody modification lawyer can review your legal options and guide your steps.
Does It Matter if the Child Has a Custody Preference?
The court recognizes that a child might prefer to live with one parent over the other. It can consider their preference as well as their age and maturity level, as outlined in O.C.G.A. § 19-9-3. According to the law:
- A child who is 14 and older can choose who they want to live with. The court can review their custody preference and make a decision.
- A child aged 11 but younger than age 14 can express their custody preference, but the judge will still decide. As explained earlier, the court must follow the law and make it a priority to consider what is best for the child.
How Our Cumming Child Custody Lawyers Can Help Your Case
After we meet with you and learn more about the custody dispute, we can tell you how our contested child custody disagreements attorney in Cumming can lead your case. We will devote our full attention to your case, ensuring we take care of every task.
Once you become our client, we will:
- Review state laws: We will explain how Georgia’s child custody laws work so you know how they affect your case and its court proceedings.
- Handle important documents: Our team will take care of your case’s necessary paperwork, keep track of deadlines, and file everything on time.
- Gather key evidence: Depending on your needs, we will collect the necessary data and proof to strengthen your request for a custody modification or to oppose one.
- Represent you in court: Our team will advocate for you and present your case effectively during trial proceedings.
- Protect your parental rights: We are dedicated to achieving a custody arrangement that works best for both you and your child.
- Assist with case appeals: If the court’s decision is not in your favor, we can help you pursue an appeal.
We will answer your questions, such as if you can get joint 50/50 custody of your child in Georgia, and update you on your case’s status regularly so you know where you stand. You will find support and understanding here. We encourage you to call us now and schedule a confidential consultation.
Call Us: Our Cumming Child Custody Dispute Lawyer Can Help
As difficult as child custody disputes can be, our Cumming contested child custody lawyer makes every effort to seek an agreement that is best for the family. If you are working through a custody disagreement, Speights Law will give you straightforward advice and a plan for your next steps.
Contact us by phone or online to schedule a confidential consultation. We can accommodate your schedule and offer evening or weekend appointments.