Child Custody Lawyer in Atlanta
Helping Clients Through Custody Disputes in Fulton County
Are you worried about the custody of your children? Is your spouse trying to leverage your children after divorce? Our goal at KF Law, LLC is to protect your parental legal rights. Your children are the most important thing in your life. It is essential to have an attorney represent you, primarily if an attorney represents your spouse or if you are dealing with a potentially hostile custody case.
In Georgia, as with all other states, the court will always look out for the children's best interests. What you or your spouse wants is irrelevant until the court says it is.
Call KF Law, LLC today at (678) 326-4611 or contact us online to schedule a meeting with our child custody attorney in Atlanta!
Child Custody in Georgia
Georgia law recognizes two types of child custody: legal and physical.
Legal custody is the right and responsibility to make decisions regarding the welfare and upbringing of the child and involves matters such as education, healthcare, and religious instruction. Depending on the court's decision, legal custody can be granted to one or both parents. If both parents have joint legal custody, they must agree on major decisions made on behalf of the child.
Physical custody governs where a child will live and who will provide day-to-day care. A parent with physical custody is often called the custodial parent, while a parent with visitation rights is referred to as a non-custodial parent. Generally speaking, Georgia courts prefer when both parents share joint physical custody unless circumstances prevent this from being in the child's best interest.
The courts in Georgia take their obligation to act in the children's best interests seriously when deciding child custody cases. The court will consider all factors when determining which type of custody arrangement is best for each situation.
How Likely is 50/50 Custody in Georgia?
Judges generally oppose giving 50/50 custody and parenting time in Georgia if they find a child usually benefits from having a single home. Nevertheless, equal parenting time is likely if that is the intention of both parents.
Setting Your Case Up for Success
Many parents make the mistake of going to a custody hearing and pleading with the court that they deserve the children without realizing that they must portray themselves as the best custodial parent, not the most deserving.
Some of the factors a court will consider include, for example, the relationship between the child and any siblings who are in either parent’s home, as well as each parent’s:
- Home environment and ability to care for and nurture the child
- Physical and mental health
- Emotional ties to the child
- Ability to provide the child with clothing, food, and medical care
- Familiarity with the child’s health, educational, and social needs
- Involvement in the child’s schooling and extra-curricular activities
- Willingness to foster a relationship between the child and the non-custodial parent
- Relative stability
- History of substance abuse
- History of physical abuse, sexual abuse, or neglect of children
- Criminal history
When there is a history of domestic abuse, the Georgia courts presume joint custody should not be awarded to the abusive parent.
What Makes a Parent Unfit for Custody?
A parent can be deemed unfit if they fail to prioritize their child's interests or demonstrate an inability to adequately provide for and care for them. A parent can also be considered unfit if there is evidence that they are prone to abuse or neglect, have untreated substance abuse issues, have mental health issues that prevent them from providing proper care, or are unable to create a healthy home environment.
The court also considers any history of criminal activity when making determinations about custody and may find a parent unfit if they have been incarcerated, charged with violent crimes, or been convicted of domestic abuse. Additionally, any behavior by either parent that would harm their child's moral welfare or physical safety could lead to the court deeming them unfit.
Contact Our Child Custody Attorney in Atlanta Today
Child custody matters are incredibly important and should not be taken lightly. In Georgia, the court always makes decisions that are in the child's best interest, taking into account any circumstances that may affect their ability to provide proper care. If you need assistance with a child custody case, it's essential to contact an experienced child custody lawyer in Atlanta attorney who has the knowledge and experience to guide you through the process. Don't hesitate to contact our team today and secure your family's future.
Contact KF Law, LLC today to schedule a consultation with our Atlanta child custody lawyer!