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Determining the custody of your children in the state of Georgia just became a little more cumbersome for divorcing parents. As of January 2008, children age 14 or older of divorcing parents can no longer determine which parent they want to live with. In further attempt by the court to foster a cooperative relationship between the parents after divorce, it is now mandated by Georgia state divorce law that parents of minor children in every divorce case must submit a detailed parenting plan to the Georgia family court for approval.
There are specific requirements to the content of the child custody parenting plan in Georgia which include which of the parents will retain physical custody of the child(ren), where the child(ren) will be every day during the year, how transportation will be handled including how the children will be exchanged between parents, where exchanges are to take place and which parent will pay for the cost of transportation. While many Georgia Family Law judges already required many of these stipulations be placed in a Settlement Agreement, this new procedures now make the process more uniform throughout the state. Additionally, by forcing a Settlement Agreement to contain so many specific requirements, proponents argue that there will be considerably less room for future dispute as to agreements being unclear or vague.
In line with these changes, also required in the parenting plan are how major decisions about the child's religion, health, extracurricular activities, education, and emergencies will be made along with how disagreements pertaining to these decisions should be resolved, as well as what limits each parent will have to information regarding the child's school and medical records. The parenting plan also mandates whether a parent's visitation with the child is to be unsupervised – if supervised, the details of supervision must be included in the plan to satisfy the Georgia child custody mediator during the divorce. The plan must also include specifics regarding limits of access to the children by phone or otherwise by one parent during the other parents time with the children.
Another notable change that went into effect as of January 1st that will affect parents filing for divorce in Georgia is that the judge is now allowed to award attorney's fees to one parent or the other. In most cases, this issue does not come up, but the legislation is designed to prevent a wealthy parent from using repeated stall tactics to lengthen the legal process. It is obviously in the best interest of both parties to retain attorneys in Georgia who are well versed in the application of the new Georgia state laws regarding child custody.
If unable to retain a divorce attorney through a personal referral from a friend or relative, an advocacy website is a fine place to begin your search. Finding a divorce attorney who is on your side is important and can be done with a little research or a referral.
Most often, the court that has jurisdiction over the divorce proceedings, also has say so in the custody of the children. Whenever a child is born to parents who are married, they both have equal legal rights to the custody of the child should they separate.
The most important consideration in a child custody case is what is in the best interest of the child. The child's well being takes precedence over the parents wants and desires. Some states believe it is in the best interest of the child to maintain frequent contact with both Mom and Dad. Often times, the parent who is able to be the most supportive of this notion is appointed as the custodial parent.
The custodial parent is the term used for the parent who spends the majority of time with the child. Therefore, a non-custodial parent is the term used for the parent who spends less time with the child.
Most states have an arrangement is place, should both parents disagree on custody of the child. Often times, the parents are required to attend mediation in order to work out a visitation plan that both Mom and Dad can agree upon. With mediation, the parents meet with a neutral third party, who then helps the parents to try and resolve their differences, as they relate to custody.
However, if mediation fails, the parents can then take matters into court. They can present both sides of their cases to the judge and let him or her make the final decision as to the custody of the child.
Child custody cases can be extremely difficult and expensive. A mutual agreement is preferred, since joint custody is more likely to be utilized, than if a judge were to make the decision for the parents.
There are many factors that come into play in the case of child custody. Since the laws vary from state to state, it is important that a local lawyer be consulted. Be sure to familiarize yourself with the laws of your state, before going forward with a child custody case.