Woodstock Contested Child Custody Lawyer

It can be challenging to deal with a child custody battle during a separation or a divorce. Emotions can run high, and both sides may find themselves at odds and feeling like there’s no resolution in sight. If you and your partner can’t agree on child custody, a Woodstock family lawyer with Speights Law can protect your rights as you aim to do what is best for your child. 

For more than 20 years, our seasoned lawyers have settled clients’ family law matters. We offer support, aggressive representation, and comprehensive legal services that resolve their cases and help them move forward. Our Woodstock contested child custody lawyers can work toward an agreement that everyone can abide by for your child’s benefit. 

Call or contact us online today for a private consultation.

Overview of Contested Child Custody Laws in Georgia

Contested child custody disputes can result when parents in a divorce or separation disagree on who their child should live with. This disagreement could require a court hearing to decide the custody arrangement both parents will follow. 

Various situations can lead to contested child custody, such as a disagreement over living arrangements, differences in parenting styles, or relocation issues. In such cases, each parent can present their case in court to explain why they should be granted custody.  

The Process Starts With Filing a Petition

When one parent files a petition in family court, the legal process is officially underway. The parent who initiates the action must give the other parent time to respond, including allowing them to tell their side of the story. 

If they head to court, both sides must make their case with compelling evidence that proves their claims. The court may decide that the couple must go through mediation before going to court. If they end up in court, a judge will make a decision based on what is in the best interest of the child.

How the Courts Decide What Is in the Best Interest of the Child

O.C.G.A. § 15-11-26 outlines the factors the court will evaluate when reviewing what benefits the child. Age and development will factor heavily into the decision. According to the statute, the court will also review:

• The depth of the child and parent’s love and emotional connections.
• The affection and bonds between the child and their siblings, half-siblings, or step-siblings.
• The parent’s capability to love, guide, and show affection to the child.
• The parent’s capacity to support and nurture the child’s educational development.
• The parent’s understanding of the child’s personal needs.
• The parent’s ability to feed the child and provide healthcare, clothing, and other essentials.
• The safety level of the parent’s home environment.
• The parent’s physical and mental health.
• The parent’s ability to foster a positive relationship between the child and their other parent, including cooperative parenting.
• Other relevant evidence affecting the child’s best interests.

This is not a comprehensive list, but it is a good starting point for understanding what to expect from the court. Our contested child custody agreement attorneys serving Woodstock can advise you on the specifics of your case. 

Call us today for a confidential consultation.

What Proof Can a Lawyer Use to Support a Custody Change?

Before a parent can modify a custody agreement in Georgia, they must prove why they want to change it. We will gather the evidence you need to build a strong case for a custody change.

Many times of evidence can satisfy this requirement, including:

• Communications: This includes handwritten letters, text, and email messages that show how each parent interacts with the child and each other.
• Proof of parenting time: Records showing when and how often each parent spends time with the child. This can include visitation schedules and activities they participated in together.
• School and medical records: Schools and healthcare providers can provide documents that show the child’s well-being under each parent’s care.
• Financial records: Evidence showing that a parent can financially support the child, including income statements, expenses related to child care, and proof of stable employment.
• Home environment reports: These documents can give insight into the living conditions and safety of the child’s environment with each parent.
• Character references: Statements from teachers, coaches, neighbors, and family members can give insight into each parent’s character and parenting abilities.
• Expert evaluations: Psychological testing or counseling summaries that may reveal how the current custody arrangement affects the child mentally and emotionally.

If you are a parent who wants to change the custody agreement, our Woodstock custody modifications lawyer will offer specific legal counsel about the evidence that applies to your situation.

Our Woodstock Child Custody Representation Lawyer Can Help

Contested custody cases are usually more complex, time-consuming, and expensive because they require more legal involvement, including evidence gathering, witness testimonies, and multiple court appearances. This is why some people turn to our law office for help.

Our Woodstock contested child custody lawyers will take care of your entire case. This means we will:

• Review all laws that apply to your case: We will explain the child custody laws in Georgia to ensure you understand which ones affect your case.
• Prepare essential documents: Our team will handle your case’s paperwork and filing deadlines.
• Gather key evidence: We will gather information and evidence to support your custody modification request.
• Represent you in family court: We will speak on your behalf in court, defending your case.
• Fight for your rights: We will work hard to get a custody agreement that meets your needs as well as your child’s.
• Handle case appeals: Our team can file an appeal if the court does not rule in your favor.

Our team can approach your dispute in various ways. We will support you and offer alternatives that can settle the matter. These may include exploring mediation and negotiation or working with a parenting coordinator.

What If the Child Wants Has a Custody Preference?

Per O.C.G.A. § 19-9-3, age and maturity have some weight when considering a child’s preference in a custody case. The law specifically addresses this:

• Children aged 14 and older can choose which parent they want to live with. The court can decide whether to honor this choice unless it is shown that the chosen parent would adversely affect the child’s well-being.
• Children aged 11 but not yet 14 can also tell the court which parent they want to live with. However, the child’s preference at this age does not carry the same weight as that of an older child. While the court will acknowledge the child’s wishes, it will decide on what is most beneficial to the child.

Regardless of age, the court’s primary concern is always what benefits the child. Even if a child expresses a strong preference, the court will evaluate other factors, such as the parents’ abilities to provide a stable and nurturing environment.

Get Help Today for a Woodstock Contested Child Custody Case

Contested child custody disagreements can complicate matters between a divorced or separated couple. You could be the parent who wants to alter the arrangement or the parent who wants it to remain in place. 

Whichever side you’re on, our Woodstock contested child custody lawyers will present your case to the court and always aim to attain an outcome that benefits you and your family. Call or contact us online to schedule a confidential consultation. We offer evening and weekend appointments to accommodate your needs.