As soon as a divorce application is filed and both parties have announced the filing under Georgian law, neither parent can withdraw the child from the state while the divorce is pending without the consent of the other parent. In the case of custody, the court cannot order that the parent remain in Georgia or otherwise limit the possibility for that parent to relocate. In Georgia, there are two types of detention: legal custody and physical custody. Custody rights give the parent decision-making rights and physical custody determines which parent the child will live with. You can drop off for both. Custody is also divided into sole custody (i.e. only one parent has custody) and shared custody (both parents share custody). If there is no general agreement, you can participate in third-party mediation, the process that attempts to resolve decisions about the plan. In most cases, physical custody is also shared.
As a general rule, however, there is one parent designated as a primary physical custodian and the other parent has secondary physical custody. The courts determine physical custody on the basis of several factors, including who was the principal caretaker of the child during the marriage period. If you are fighting for your child, it is best not to leave it to chance. Call Boudreaux and let us help you fight for your child. We find evidence of your ability to care for your child and help you get custody by speaking to the judge on your behalf. Call today (706) 869-1334 and keep your child safe tomorrow at home. There are many factors that a judge takes into account before giving custody of a child to one of his or her parents, but ultimately the judge must decide which custody regime is in the best interests of the child. The child`s preferences, age and school plan play a role in the decision.
A parent`s ability to care for and provide for the child, distance between parents, parental work plan and privacy, and the mental and physical health of each parent also play a role in the judge`s decision. From a really fundamental point of view, the way to increase your chances of having more on-call time is to be more engaged with your child. Be there for extracurricular activities, participate in bedtime and swimming, take the children to school, etc. The easiest way to get extra time is to show the court that the child`s needs dictate your available presence. In the event that the parties fail to agree on interim custody, the judge will decide on custody of the children. Even with a recommendation from a Guardian Ad Litem, the judge still has the discretion to establish evidence of detention on the basis of all the evidence that will be presented to the court. There are two different concepts of adhesion that you need to understand before trying to resolve a child custody case: legal detention and physical custody.