Experienced At Helping Families With Atlanta Child Custody
No issue in a divorce case is as emotional as those of child custody and visitation. Answering the question, “Who will raise the children?” can be complex.
Located in Atlanta, Georgia, I am Jody A. Miller, and I represent parent in divorces involving child custody and visitation. I understand that there is nothing in life more precious than a child. Parties in a divorce can resolve their custody issues by agreeing to a parenting plan, or they can have a judge issue an order concerning child custody and visitation in the event of a lack of agreement as to a custody and visitation plan. To learn how to protect your custody and visitation rights, contact me to schedule an appointment with an experienced Atlanta family law attorney.
How Custody Is Determined
A judge bases decisions concerning child custody and visitation on what is in a child’s best interest. This is a fact-specific process. No one factor is more important than another. Factors a family law court may consider when awarding custody and visitation include:
- Which parent provides day-to-day care
- Parental fitness
- An existing agreement
- Ability to encourage a continued relationship with all parties
In Georgia, the court must award two forms of custody: physical and legal. Physical custody refers to where a child lives. Legal custody refers to a parent’s right to make decisions about a child’s welfare. The court will award physical or legal custody, and the award may be joint or sole custody.
Children over the age of 14 have the right to select which parent they want to live with, but that selection is still up to the discretion of the judge and must be based on the best interest of the child. In addition, in all divorces that concern child custody, parents must create a parenting plan for the judge’s consideration. Some cases involve complex factors such as guardianship and grandparental custody.
Can One Parent Move Out Of State With The Children?
Moving out of state with your children can be complex. You will need the counsel of an Atlanta child custody lawyer for help. If you want to move out of state with your child, Georgia law requires that you notify the other parent of your intent. You must put the notification in writing and provide it well in advance. If the child’s other parent grants permission, the court will grant the relocation order. If he or she does not agree, you must file a request with the court. The court will consider the best interests of the child when deciding on relocation matters. Factors may include:
- The child’s relationship with both parents
- The reasons for the move
- The impact on the child’s well-being
As your Atlanta attorney, I will work with you to develop a strategy that prioritizes your child’s well-being and protects your rights as a parent. I can help you present a strong case to the court, whether you are seeking to move or contesting the move.
Child Support Payments In Relation To Child Custody
Child support is a crucial aspect of child custody arrangements. Financial support is not automatically the father’s responsibility. Both parents have a duty to support their children financially. The court determines child support based on several factors, but one of the most important is how much time the child spends with each parent.
Support payments do not always go to the parent with sole custody. In joint custody arrangements, the parent with the higher income may still need to provide support. My role as your Atlanta lawyer is to help you understand your rights and obligations, then secure a fair child support arrangement.
Discuss Your Needs With An Atlanta Child Custody Attorney
These are just a few of the issues that parents must deal with during a divorce. Contact me by email at Jody A. Miller, Esq. Attorney At Law, or call me at 678-805-9576. I represent people throughout Georgia, including locations such as Carrollton, Decatur, Lawrenceville and Marietta.