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What Is Joint Legal Custody in Georgia

Joint custody is not the norm in the state of Georgia. Joint custody is usually an agreement in which the parents share almost the same parental time. Judges in Georgia have a bias against the same parental time. Joint Physical is a parental agreement that can usually only be entered into by agreement. The judges award one of the parents primary custody and the other secondary custody. Custody is the right of a parent to support a child with him. Some states recognize the concept of joint physical custody, in which the child spends about half of the time in each parent`s home. This last arrangement is tricky and should only be considered if you have a friendly and respectful relationship with your ex. Plus, it works best if you live close to the other parent. This reduces stress for children and allows them to maintain a reasonably normal routine. If a parent has custody, they have the right to participate in decisions about a child`s health care, education, extracurricular activities and religious education. A parent who does not have legal custody of his or her child is not able to perform routine parenting functions such as medical treatment of the child, access to the child`s medical records, enrollment of the child in school or access to the child`s school records.

For this reason, it is common for both parents to share joint custody of their child. However, in some cases, an order may provide that only one parent has custody of the child (sole custody), thus excluding the other parent from participation in many of the child`s activities. Custody is usually decided twice. First, it will be dealt with at the preliminary hearing. Temporary custody usually takes place very early in a case, one or two months after filing. Permanent custody will be determined at the trial of the case or at any time prior to the final hearing, when the parties can reach a final settlement. As a rule, there are four areas in which decisions must be taken together: the religious education of the child(ren); medical care for the child(ren); extracurricular activities; and education. Ultimately, a parent is granted final decision-making power for times when parents are unable to make an amicable decision.

As a general rule, the final decision is the responsibility of the parent who has primary custody. There are many factors that a judge considers before awarding custody of a child to a parent, but the bottom line is that the judge must determine which custody arrangement is in the best interests of the child. The child`s preference, age and school schedule play a role in the decision. A parent`s ability to care for the child, the distance between the parents, the parents` work schedule and privacy, and the mental and physical health of each parent also go into the judge`s decision on custody. Although a joint legal custody agreement requires the parents to share the decision, the courts designate a parent who has the final decision-making power in case the parties cannot agree. In Georgia, it is not so common to see joint physical custody, but joint custody. Joint custody means that the child has essentially the same time and contact with each parent. In some situations, joint custody is not practical because of a parent`s work schedule or a child`s extracurricular obligations. Parents should work together to create a care and visitation plan that best suits their particular situation while promoting the well-being of their children. Parents who opt for joint custody must work well together and have good communication, as this agreement necessarily requires them to see each other more often and continuously work together for the benefit of the children. Parents who do not live together have joint custody (also known as shared custody) if they agree or if a court orders them to share decision-making responsibility for their children and/or physical control and custody of their children.

Joint custody may exist if the parents are divorced, separated, no longer live together or even if they have never lived together. Joint custody can be joint custody, joint physical custody (in which children spend a significant portion of the time with each parent), or both. It is common for couples who share physical custody to share custody equally, but not necessarily the other way around. Sole custody – Sole custody is relatively rare, as courts in Georgia generally recognize the legal rights of each parent to be involved in their child`s upbringing. It is generally in the best interests of the child that both parents actively participate in their upbringing. However, in some cases, one of the parents may lose parental rights over the child and sole custody is granted to the remaining parent who is still exercising parental rights. Custody is also shared in most cases. However, as a rule, there is one parent appointed as the primary physical guardian and the other parent receives secondary custody.

Courts determine custody based on several factors, including, most notably, who was the primary caregiver of the child or children during the marriage. If you have any questions about divorce, custody or other family law matters, contact FLFattorneys at (770) 485-6633. Custody does not depend on physical custody. Instead, custody focuses on the ability to make decisions that are important to the child`s growth, health, and well-being. These decisions include: Clients came to us and said things like “I was told I had to be the custodial parent” without having a real idea of what that means. Custody issues are difficult because they are emotional and no parent likes the idea of not seeing their child every day. Keeping a cool head in disputes can be difficult. An experienced family law lawyer can help you deal with difficult custody issues and develop a plan that works best for your child. Legal custody of a child is the right and duty to make decisions regarding the upbringing of a child. For example, decisions about school education and medical and dental care are made by a custodial parent. In many states, courts now grant joint custody to parents, meaning decision-making is shared.

If you share joint custody with the other parent and exclude them from the decision-making process, your ex can take you back to court and ask the judge to enforce the original custody agreement. You won`t get a fine or go to jail, but it will likely be embarrassing and cause more friction between the two of you – and it can harm children. In addition, if you are represented by a lawyer, it is certainly expensive. In joint custody situations, the child lives with each parent for a defined period of time. Life forms can be adapted to the needs of the family. In some circumstances, joint custody may not be possible because the parents live too far apart or do not get along well enough to work together. Joint custody can be the same parental time or a parenting plan that works best for the child. Custody refers to rights and obligations for important decisions regarding a child`s well-being in all areas of his or her life, including education, health, extracurricular activities and religion. In Georgia, it is common for courts to grant joint custody, which means that decision-making is shared, with one parent being the final decision-maker for one or more categories.

For example, the court may grant joint custody, with the father having final decision-making power in the areas of extracurricular activities and religion, and the mother having final decision-making power in the areas of education and health. Even if one parent has the final decision-making authority over one facet of the child`s life, joint custody requires that the parent continue to consult with the other parent in making the decision. It is very common to see joint custody in divorce cases because it allows both parents to have equal rights and obligations for important decisions, giving both parents the opportunity to remain involved in their child`s upbringing. .

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