Your Options For Seeking Custody
If you are going through the process of a divorce, are a single father seeking custody or are a noncustodial parent seeking custody, you must petition the court. At first glance, the petition process may seem simple, but it can quickly become complicated. Consult with an attorney to assist you with this delicate process.
Attorney Barbara Evans, our managing lawyer at BRE Law, LLC, is an experienced mediator and litigator who can represent your case inside the courtroom or negotiate an agreement with the other parent and their attorney outside of the courtroom.
Distinctions Between Types Of Custody
There are several types of child custody:
- Legal custody
- Primary physical custody
- Sole custody
- Joint custody
- Grandparent visitation and custody
Deciding which type of custody you should file for will depend on your case. The two most important things to distinguish are:
- Primary physical custody — The child will mostly live with the parent who is awarded this type of custody. The other parent will receive parenting time.
- Sole custody – The child will live with the parent who is awarded this type of custody. The other parent may or may not receive parenting time.
- Legal custody — Decisions made about the child’s schooling, health care and upbringing are determined by the parent awarded this type of custody.
- Joint custody – Both parents will have equal custody of the child.
How Is Custody Determined?
In court, a judge will determine who gets custody based on best interest factors such as:
- The strength of the emotional bond with the child
- Who spends the most time with the child
- Who makes the child’s health care decisions
- Who is more physically and mentally fit to care of the child
- Who will provide a better living environment
In cases where the child is 14 years old or older, they may elect where she or he wishes to live and the court will consider their input about which parent they primarily want to live with.
For custody matters involving children out of wedlock, Georgia law states that only the mother has custodial rights. If you are a single father filing for custody, you will also have to file for legitimation before going to court.
Talk About Your Custody Case With A Lawyer
From Duluth, we serve the areas surrounding Gwinnett County and the Atlanta metro.