When parents begin the divorce process, one of the most important factors is what will happen to the children who may be involved. In most cases, the parents are able to reach an agreement as to how custody will be awarded and what the parenting time schedule will be.  In the event that the parents cannot agree, the judge will make those decisions at the final trial. Not all custody cases are the same but in all cases, child custody is based on the best interests of the child. Keep reading for more information on the different types of child custody in Georgia.

Physical Custody

Physical custody is the right of a parent to have their child live with them at their home. Parents can either share joint physical custody, where they equally divide parenting time and decision making authority, or one parent will be deemed the primary physical custodian and the other with secondary physical custody. Joint physical custody can be a difficult arrangement for some couples to maintain following a divorce, so you should contemplate all options before electing joint physical custody. Joint custody works best in cases when the parents maintain an amicable, respectful post-divorce relationship and live close enough to allow for convenient and simple child custody exchanges. After all, it’s critical to help children establish a normal, daily routine following a divorce.

Legal Custody

Legal custody describes each parent’s right and obligation to make decisions on behalf of their child. In virtually all cases, the parties share joint legal custody. That simply means that the parents have equal access to records and both are deemed, legal parents. Legal custody also consists of four major decision making categories.  In every case, the parties (or Court if the parties cannot agree) must determine which parent has final decision making authority in each of the four categories (1) education, (2) non-emergency medical, (3) extracurricular, (4) religion.  However, the final decision making authority does not give either parent the right to act unilaterally. The parties must first engage in good faith discussions to attempt to reach an agreement. Only after those are exhausted will the parent with final decision making authority be the tie-breaker.

Georgia state law requires divorcing parents to submit a parenting plan to the court in any case where custody will need to be determined. This parenting plan is put in place to outline the child’s needs as well as how physical and legal custody should be divided following the divorce. In most cases, the parties, through counsel, are able to agree on most if not all aspects of the parenting plan. In cases where the parties cannot reach an agreement, or have a few outstanding unresolved issues, the judge will make the decision.

Regardless of the specific context, navigating child custody and divorce can be frustrating and challenging. That’s why the family law professionals at Oxendine Law are here to do everything possible to make things as smooth and painless as possible for our clients. For more information, contact Oxendine Law at (770) 497-8688 today to schedule a meeting in person, over the phone, or by video conference. And don’t forget to follow us on YouTube, Facebook and Instagram for additional family law tips, news, and more helpful information.