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Child Custody Archives

Can Georgia kids decide where they will live after divorce?

Once they hit about the age of two, children develop their own strong personalities. With those personalities begin to emerge preferences and opinions about what they like, do not like and want to experience. Though parents must still act in ways that protect their children from harm, they can foster their kids' independence by recognizing and acknowledging their partialities.

Legal and physical custody are important parental rights

A divorce has a big impact on all members of an Atlanta family. While the adults in the group may be focused on meeting the procedural requirements of ending their marriage, the children in the family may have concerns over how their lives will be impacted by their parents' separation. At the cross-section of divorce and kids is the important topic of child custody, and this post will briefly review the two main forms of custody that parents may fight for when their marriages end.

Factors to consider when creating a parenting plan

Child custody negotiations can be contentious when Georgia parents cannot agree regarding what arrangements will serve their children's best interests. When parents can't find common ground and execute their own parenting plans, the courts may step in and mandate how two parents will share in the legal and physical custodial responsibilities of their kids. However, many sets of parents can work together to create parenting plans that acknowledge their children's needs and include both parents in the upbringing of their offspring.

Equal time-sharing custody order can be stressful for children

Joint custody with equal time sharing between two parents is an initial presumption for a child custody order in many states and in the minds of many family law judges. In reality, these kinds of custody plans may end up taking a toll on the children involved. The system is generally handled better in Georgia and some other states where the courts are not saddled with an initial presumption that joint custody and equal sharing is the first preference.

Child custody law now favors a shared custody effort

There are good reasons why shared custody is the favored arrangement of family law courts nationwide, including in Georgia. Experts assert that children do better with both parents in the picture. That cannot always be the case with the traditional practice of granting the sole right of child custody to one parent, and having no provision for shared parenting responsibilities.

Georgia parents may need help with child custody decisions

Many Georgia residents know that divorce can be difficult for children of the couple. As a result, parents may want to make the transition as easy as possible for their children. This desire may mean coming to terms amicably about child custody to ensure that a battle does not ensue. Individuals who wish to follow such a path may have many options available to them.

Joint or shared child custody shows best results for children

According to the founder of the National Parents Organization, several recent studies by separate, independent experts conclude across the board that children reared by only one parent after a divorce or separation do much more poorly than children who are brought up in a shared or joint custody arrangement. The superiority of a shared child custody setup applies in Georgia as well as elsewhere. It is clear that most children benefit greatly from having the love, guidance, and companionship of each parent on an equal basis. Nonetheless, family courts nationwide overwhelmingly award sole custody in one parent. 

Stepparents usually have no rights in child custody cases

In Georgia and all other states, the role of stepparents in a child custody matter can be important. It may be that a child’s stepparent is a nurturing person who develops a strong parental role in caring for a stepchild. The relationship may be greater than what the child has with a natural parent. In one recent child custody case, however, a biological mother prevailed in a battle for custody with the child’s stepmother.

International child custody case may be complex and unending

Television sitcom actress Kelly Rutherford has been embroiled in an international custody dispute for the past several years. It started in 2008 when Rutherford, while pregnant with the couple’s daughter and second child, filed for divorce. Despite a child custody agreement hammered out between the parties in April 2010, she obtained a restraining order against the father just a month later. Whether in Georgia or another jurisdiction, a custody dispute spanning the borders of foreign countries can be a most difficult and frustrating challenge for both parents.

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