When couples no longer live in the same home, deciding who makes decisions for a child’s physical, mental, and emotional well-being can be a sensitive issue. Sometimes, parents can work out their differences. When they can’t, they can turn to the courts to settle the issue.
If you are in a child custody disagreement, a Milton family law lawyer at Speights Law can work on your behalf to express what you want for your child to the court and protect your rights.
Our Milton contested child custody lawyer will walk you through your options and provide clear guidance. Call us today for a private consultation.
How does Georgia Handle Contested Child Custody Cases?
Georgia law requires parties to go to court to handle disagreements over child custody. The court will prioritize your child’s best interests as it decides who can provide the most stable and supportive environment for the child.
In Georgia, a court can order different types of child custody arrangements, including physical and legal custody:
- Physical custody determines where the child will live, either part-time or full-time. It can be awarded solely to one parent or shared between both parents as joint physical custody.
- Legal custody refers to the right to make key decisions about the child’s life, such as education, medical care, and religious upbringing.
Like physical custody, legal custody can be sole, where one parent has the authority, or joint, where both parents share decision-making responsibilities. The specific arrangement depends on what the court believes best benefits the child.
Common Reasons for Child Custody Disagreements in Milton, GA
Child custody disagreements can arise for various reasons, often stemming from differing opinions on what is best for the child. Common reasons why parents may find themselves in a custody dispute include:
- Different parenting styles: Conflicting views on how to discipline the child and differing opinions on bedtime, homework, and activities can lead to disagreements.
- Relocation: One parent relocating for work or moving closer to or away from extended family can complicate existing custody arrangements.
- New relationships: Introducing new romantic partners and changes in family dynamics with new family members can cause disputes.
- Parental involvement: Disagreements can arise if one parent feels the other isn’t equally involved or if conflicting work schedules affect their ability to care for the child.
- Child’s preferences: Older children may express living preferences, leading to differing views on the best living situation for the child.
- Educational Decisions: Parents may disagree on which school the child should attend or have a conflict over participation in extracurricular activities.
Your case could involve any of the above, or you may be in a disagreement for other reasons. Our Milton contested child custody attorney can review your situation and advise you on how to proceed.
What Happens When Contested Custody Disputes Go to Court?
If you must pursue legal action in a custody challenge, here is a general overview of the legal process you must follow in Georgia:
- Filing a petition: You or the other parent must file a petition for custody in the appropriate family court. This initiates the legal process and informs the court of the dispute.
- Court hearing: If your case proceeds to court, both parents must present their cases, including evidence and witness testimony, to support their desired custody arrangement.
- Final custody order: The judge will issue a final custody order after reviewing the evidence and testimonies in your case. This order outlines the physical and legal custody arrangements, visitation schedules, and other relevant details.
What does the Judge Consider Before Finalizing a Child Custody Order?
The judge will review several factors before issuing a decision, which include:
- Your child’s age and needs
- Each parent’s ability to provide for the child
- Your child’s relationship with each parent
- Your child’s adjustment to home, school, and community
Per state law, if your child is 14 or older, the judge can consider their custody preferences. The judge can consider the preferences of a child who is age 11 but younger than 14, but the court will still prioritize their best interests.
Our Milton Child Custody Change Lawyers Can Lead Your Case
Our Milton child custody lawyers will handle your case at all stages and collect evidence that supports your position. When we represent you, we will:
- Review the laws that affect your case: We will explain how child custody laws in Georgia work and how they protect your and your child’s rights.
- Organize important documents: Our team will manage all necessary paperwork, track critical deadlines, and file your case on time.
- Represent you throughout your case: We will ensure the court understands your position and protect your interests. We also can represent you in all proceedings.
- Manage case appeals: If the court’s decision is not the result you are looking for, we can consider submitting a request to appeal it.
Can I Change an Existing Child Custody Order?
Yes, you can change a custody order in Georgia if significant changes in your family’s circumstances affect the best interests of your child. Examples include relocation, changes in employment, health issues, or changes in your child’s needs.
Our Milton child custody modification lawyer can lead your case. We can assess the need for a custody order change and file a petition to modify it with the family court. We are ready to help you and your family settle your custody dispute. Call us today for a private consultation.
Tips for Handling a Contested Child Custody Disagreement
Handling a disagreement over child custody can be challenging, even emotionally, but these tips can help you manage it:
- Stay calm and focused: Keep your emotions in check. Stay calm and focus on what is best for your child.
- Communicate respectfully: Talk to the other parent politely. Good communication can help solve problems without going to court.
- Collect case evidence: Collect important documents like school records, medical reports, and any other evidence that shows you are a good parent.
- Follow court orders: Always follow any temporary court orders. This shows that you respect the legal process and care about your child’s well-being.
Talk to Us Today About Your Milton Child Custody Dispute
If you and your child’s other parent cannot move forward until you resolve a custody disagreement, Speights Law can work on your behalf to find an arrangement that meets everyone’s needs.
Our Milton contested child custody lawyer is up to date on Georgia’s family laws and will handle your entire case from start to finish. Call or contact us online for a private consultation. We can meet you on a weekday evening or a weekend appointment if it is convenient for your schedule.