Holly Springs Contested Child Custody Lawyer

Deciding which parent a child will live with can be divisive and emotionally upsetting for families. Sometimes, parents can work out their differences without going to court. In other cases, working with a Holly Springs contested child custody lawyer can help both sides reach a resolution.

For more than 20 years, Speights Law’s seasoned lawyers have helped Georgia families overcome challenging custody cases. Our Holly Springs family lawyers will offer aggressive representation and comprehensive legal services while building your case. Call or contact us online today for a private consultation.

How Do Contested Child Custody Cases Work in Georgia?

Whether you are seeking to modify a child custody agreement or keep it the same, Georgia law governs these arrangements, and many parents go through the legal process, which leads them to family court.

We have handled many cases like these for clients, so working with our child custody lawyer in Holly Springs ensures you cover all the legal bases. We understand the complexities of the law and the legal process and will support you throughout your case.

You Must File a Petition First and Allow the Other Parent to Respond

The process starts when a parent files a petition for custody with the family court. The other parent can file a response to the petition and present their side of the story. Depending on the case, the court could issue a temporary order regarding the child’s living arrangements and parental duties until the final hearing.

Both sides must present evidence to support their claims. The court may also require mediation to see if you can work out your differences without a trial. If you must go to trial, each side must make their case to the judge and wait for a decision.

If You Go to Court, a Judge Will Determine Your Child’s Placement

After considering the evidence and testimonies, the judge will issue a decision based on what they believe is in the best interests of the child. This decision includes which parent will have legal and/or physical custody and the specifics of the visitation schedule for the non-custodial parent.

Both parties must abide by the custody order. However, that doesn’t mean it is permanent. Either parent can seek to change it. If that is your position, our Holly Springs child custody modification lawyer can manage this process for you.

How Does a Court Determine What Is In the Child’s Best Interest?

O.C.G.A. § 19-9-3 lists the factors a court will consider when evaluating what promotes the child’s well-being. The child’s age and growth needs are among the top concerns. Per the law, other factors include:

• The emotional depth and bonds the child and parent share.
• The connection and relationships the child has with siblings, including half-siblings and step-siblings.
• The parent’s ability to give the child love, guidance, and affection.
• The parent’s effectiveness in fostering the child’s educational growth.
• The parent’s comprehension of the child’s individual needs.
• The parent’s ability to provide the child with access to food, healthcare, clothing, and other necessities.
• The safety of the parent’s home environment.
• The parent’s physical and mental health and well-being.
• The parent’s commitment to nurturing a healthy relationship between the child and the other parent, which includes cooperative parenting practices.
• A parent’s willingness to encourage the child’s relationship with the other parent or co-parent with the other parent.
• Additional evidence pertinent to determining the child’s best interests.

The court could consider other factors unique to your situation. If so, we can advise you on those.

What Happens If Your Child Has a Custody Preference? 

The court can give some weight to who your child wants to live with, but it will consider your child’s age and maturity level, as outlined in O.C.G.A. § 19-9-3. According to the law:

• If your child is 14 or older, they can identify who they want to live with. The court will evaluate their choice and decide whether to honor it.
• If your child is 11 but younger than 14, they can express which parent they want to live with. However, the court will still base its decision on doing what is best for the child.

No matter what age a child is, the court’s main focus is doing what is in the youth’s best interest. We can explain this in more detail during a private consultation. Call or contact us online to make an appointment.

Evidence to Support a Holly Springs Contested Custody Case 

Our contested child custody agreement attorneys serving Holly Springs will collect and review the evidence that establishes your case before the court. Such evidence can include:

• Communication records: Text messages, emails, and other interactions that show how each parent communicates with the child and each other.
• Parenting schedules: Documentation indicating the frequency and nature of each parent’s time with the child, including joint activities and visitation details.
• Educational and health documents: School and medical records showing the child’s condition and care under each parent.
• Financial documentation: Evidence of financial stability and ability to support the child, such as salary slips, child-related expenses, and employment stability.
• Assessments of living conditions: Reports from home visits that evaluate the safety and suitability of the child’s living arrangements.
• Character testimonials: Opinions from educators, neighbors, and relatives that shed light on each parent’s character and parenting capabilities.
• Professional evaluations: Psychological assessments or therapy reports that assess how the custody situation affects the child’s mental and emotional health.

Our Holly Springs Child Custody Lawyers Can Lead Your Case

When parents are at odds over who their child should live with, they could work things out at a mediation session or go to family court, which will take more time. Whichever path you choose, we will be there for you and your family. 

When we manage your case, you can expect us to:

• Determine which laws affect your case: We will explain how child custody laws in Georgia work so you will understand what is happening with your case.
• Organize important documents: Our legal team will manage all necessary paperwork, track critical deadlines, and file your case on time.
• Collect important evidence: We will compile data and proof that boosts your request to modify a custody agreement. If you want to oppose a modification, we can help with that, too.
• Advocate for you in family court: Our team will defend your position and represent you during court proceedings.
• Defend your parental rights: We are committed to securing a custody arrangement that benefits you and your child.
• Manage case appeals: Should the court not decide in your favor, we can pursue an appeal.

Our team will answer your questions and keep you updated on your case. 

Call Us Today About Your Holly Springs Child Custody Dispute

Couples who disagree about who their child should live with can work with a Holly Springs contested child custody lawyer who can seek the best arrangement that all parties can agree on. Whether you are for or against changing the custody agreement, Speights Law can help you.

Our goal is to help your family find peace that helps them move forward. Call or contact us online to schedule a private consultation. To accommodate our clients, we offer evening and weekend appointments.