The Final Decision Must Be In The Best Interest Of The Child

The laws have been designed in such a way that makes sure that the final decision (whether it is a mutual agreement or a court order) is in the best interest of the child. Protection of the child’s interest is the most important factor to consider. Other factors that are taken into consideration include physical and psychological status of the parents and the child, history of the relationship of the parents with the child (such as which of them used to be the primary caretaker of the child during the marriage), and other such things. When you hire an experienced child custody lawyer, you can get detailed information on how to prepare to maximize your chances of getting a favorable judgment while making sure that your interests and rights are also well protected.

Temporary Custody

There are usually three types of custody that are offered in Atlanta, Georgia – sole legal custody, joint legal custody, and temporary custody. Temporary custody is often granted to a parent in a situation where the judgment in the divorce case is yet to come. The court may order one of the parents to take custody of the child for a temporary period until the divorce proceedings are complete. The other parent gets temporary visitation rights on certain terms.

Sole Legal Custody

Sole legal custody is granted in rare cases. Atlanta laws usually do not prefer it, but in extreme cases, there can be exceptions. In this type of custody, only one parent becomes the sole authority to stay with the child and make decisions for him/her. The other parent does not even get the visitation rights. For example, this type of court order is very much likely in cases where the other parent is not available. Sometimes, things might turn out to be quite unfair for one parent. That is the reason why you must have a good child custody lawyer on your side to represent you.

Joint Legal Custody

This is the most common type, and Georgia laws usually prefer this option. As the term suggests, this type of custody gives both the parents certain rights, such as they both can take part when it comes to making decisions for a minor child. But, despite that, the primary residential custody of the child is given to just one parent only. The other parent gets certain rights to visit the child regularly.

If the court orders are violated in future, things can become very complex. The guidance and representation from an expert Atlanta family attorney can be crucial in such cases.

Hiring an accomplished family lawyer or child custody lawyer from a law firm similar to the ones at https://www.thetxattorneys.com/child-custody will definitely improve your chances of getting a favorable result.

Whether your case is in a court or you are trying to get a mutually agreeable decision with your ex-spouse through talks (outside the court), there are several factors that your family law attorney must take into account. The most important thing is to make sure that the child’s interested is well protected. The final decision must be based on what is best for the child, not what is best for you. Following are some of the different factors that you must work on in this regard.

Who Can Spend More Time With The Child?

In order to determine who should be awarded with child custody, the first thing to consider is which spouse can manage to spend more time with the child. It is true that baby sitters are widely available out there, but your child will obviously benefit the most when a parent spends time with him/her.

The Background Record

According to an experienced child custody lawyer, the background records of the parents also play a crucial role in this regard. For example, the parent who has a bad lifestyle (not good for the child), or has criminal records, has used drugs, or had been found guilty of abusing children is never awarded with child custody. There might still be certain exceptions, especially if both the partners have bad background record but one of them has shown better improvement.

The Extended Family Of The Parent

A parent who moves frequently often does not have an extended family and he/she is not even able to develop good friends and neighbors. On the other hand, if you have an extended family and are able to provide your children the advantage of having good neighbors, friends, cousins, and grandparents, the children will obviously benefit most by living with you.

Religion

Though it has been a matter of debate, as long as the laws are concerned, the parent who is religious (practices a specific religion) is more likely to get child custody as compared to the one who does not believe in God or any religion. It has been found in various surveys that religious people live a more disciplined and healthy lifestyle.

The Opinions Of The Children May Also Matter

If your children are at least 12, they have the legal right to have a say in the matter and tell the court which of the parents they want to stay with. Here, it is important for you to keep in mind that children do not get the right to take the final decision; it is just that their opinions are seriously considered when the court takes a final decision in the case.

Intellectual, Emotional, And Financial Support

The parent who is capable to provide his/her children better financial, emotional, and intellectual support is very much likely to get child custody. But, it does not mean that you have to be a rich genius in order to win the custody. What the court looks into is which of the parents is in a better position to provide love, encouragement, and learning opportunities to the children along with the basic things like food, clothing, and home.

If you have been the primary caretaker of the children, you are likely to be awarded with the custody, as the court does not finds it appropriate to disturb that relationship that has already grown well. The idea is to make a final decision in a child custody case in a way that results in as little changes as possible in the life of the children. If you are requesting for full custody of your kids, make sure that you have an experienced child custody lawyer on your side.