If you are involved in a divorce in the state of Georgia, and you have a child or children, you will need to file a parenting plan with the superior court. A parenting plan will outline how you and your ex-spouse will co-parent your children once the divorce is final. If you and your spouse cannot agree on a parenting plan, this plan can be resolved through mediation or in superior court through litigation. Our attorneys can help guide you through the divorce process while protecting your rights as a parent and the welfare of your children. In your parenting plan, you and your spouse will need to decide:

• Legal custody: The right to make important decisions for your child, including religious upbringing, education and medical care. Legal custody can often be joint and parents will have to determine how disagreements should be resolved.
• Primary physical custodian: This determines where the child will live. Primary physical custody can be with the father, mother or joint.
• How parenting time will be shared: When one parent has primary physical custody of children, the other parent will usually have parenting time that is according to a written schedule. This schedule can vary depending on the circumstances and the needs of the parents and children.

Child custody arrangements come in many forms, depending on parents’ schedules and other factors — most importantly the best interest of the child. There are two types of legal custody in Georgia – sole custody and joint custody.

• Sole custody means one parent is responsible for all of the major decisions in a child’s life and the child lives with that parent.
• In joint custody, parents share legal custody of a child or children. Also, the parent the child lives with will make day-to-day decisions.
  When people think of child custody, they often think of physical custody. This is just one aspect of custody that addresses who spends time with the child and how much time will be spent.
• Joint physical custody normally means that there would be a 50/50 custodial split. Perhaps the child would spend one week with one parent and the next week with the other. Some courts feel these arrangements are unstable and will not award them; others will. Of course, these arrangements can always be agreed to by the parents without court intervention.
• Joint legal custody: Legal custody is the aspect of custody that addresses decision-making related to religion, medical care, education and extracurricular activities. In joint legal custody situations, both parents have a say in making decisions but one will have tie-breaking authority. This authority may be split among the different areas of decision-making. For example, one parent may have the authority in religion and education, while the other has the authority in medical care and extracurricular activities.

Parents sometimes worry more about the terminology used rather than the impact a custody decision can have on the children’s lives. Our experienced team will help you understand the real impact of custody determinations on you and your child’s life. With clear information, you will be able to make informed decisions about your future and sculpt an enforceable parenting plan that best meets the needs of your family.

A child custody agreement will have an effect on child support determinations. While both parents are responsible for the support of their child or children, where the child lives can impact the amount of support each parent is required to provide.

Once your child custody order is in place, both parents are required to comply with its terms. If either one fails to do so, it could create grounds for contempt. Child custody matters can become very challenging legal matters, and it is important to have an attorney who knows the law and will work to ensure that the court’s orders are obeyed. Learn more about enforcement of court orders and contempt actions here.

As children grow older and as family circumstances change, you may have a reason to ask the court to modify the child custody order in the divorce decree. No change should be made without the approval of the court. Common reasons for a child custody modification include:

• The custodial parent requesting to relocate out-of-state
• The noncustodial parent requesting to relocate out-of-state
• Change in job, termination, layoff
• Illness, accident or injury (either the child or the parent)
• The child (at least 14 years of age) elects to change primary custody
• Substance abuse issues such as drugs or alcohol
• Domestic violence (requires immediate attention)

Learn more about Child Custody and Child Support Modifications here.