Legal Custody
The right to make major decisions about your child's life, including:
- Education and schooling
- Medical and healthcare decisions
- Religious upbringing
- Extracurricular activities
- Where the child will live
Child Custody & Parenting Time
Protecting your children's best interests and your parental rights throughout Georgia
Child-Centered Custody Representation
All too often, children become the casualties of divorce or other parenting litigation cases. Stewart Family Law does not believe children should be used as a bargaining chip. When parents separate, decisions regarding the care and custody of the children must be made.
Generally, the children and parents will be better served by putting the welfare of the children first and having the parents try to decide what is best for their changing family rather than litigation. Stewart Family Law will work hard to address the needs of your children effectively and efficiently through aggressive negotiations to create a custody schedule that is in your and your child's best interest.
However, we also recognize that sometimes a mutual resolution of your custody issues is not possible or beneficial for you and we are prepared to argue your case before the judge. Each custody case is unique just like you and your children. The court must determine what parenting arrangement is in your child's best interests and we make sure that the court understands the important issues of your case.
Types of Child Custody in Georgia
Understanding your custody options and what they mean for your family
Physical Custody
The right to have your child live with you and the responsibility for day-to-day care:
- Primary physical custody
- Joint physical custody
- Visitation rights
- Overnight stays
- Holiday and vacation time
Joint Custody
Shared responsibility between both parents for major decisions and/or physical care:
- Joint legal custody
- Joint physical custody
- Shared decision-making
- Communication requirements
- Conflict resolution procedures
Sole Custody
One parent has primary responsibility for the child's care and major decisions:
- Sole legal custody
- Sole physical custody
- Limited visitation for other parent
- Protection from harmful situations
- Emergency decision-making authority
Best Interests of the Child Standard
Georgia courts determine custody based on what is in the child's best interests. The court considers many factors when making this determination:
Parent-Child Relationship
- Emotional bonds between parent and child
- Each parent's ability to care for the child
- History of involvement in child's life
- Ability to provide love and affection
- Understanding of child's needs
Stability Factors
- Home environment stability
- Financial ability to provide for child
- Work schedule and availability
- Geographic stability
- Support system availability
Child's Needs
- Physical and emotional needs
- Educational requirements
- Medical and healthcare needs
- Special needs considerations
- Child's preferences (if age appropriate)
Co-Parenting Ability
- Willingness to encourage relationship with other parent
- Communication skills
- Conflict resolution abilities
- History of cooperation
- Respect for court orders
Creating Effective Parenting Plans
Key Elements of a Parenting Plan
Parenting Time Schedule
- Regular weekly schedule
- Holiday and vacation time
- Summer break arrangements
- School break schedules
- Special occasions and birthdays
Decision-Making Authority
- Education decisions
- Medical care decisions
- Religious instruction
- Extracurricular activities
- Emergency situations
Communication Guidelines
- Parent-to-parent communication
- Parent-child communication during other parent's time
- Methods of communication
- Information sharing requirements
- Conflict resolution procedures
Special Considerations
- Transportation arrangements
- Childcare decisions
- Introduction of new partners
- Relocation procedures
- Modification processes