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Atlanta Child Custody Attorney

Skilled Child Custody Attorneys in Atlanta, Georgia

Atlanta Child Custody AttorneyChild custody and visitation rights are vital aspects of family law cases, and the decisions made during this process significantly impact your children and your role as a parent. Hiring one of our experienced Atlanta child custody attorneys at Naggiar & Sarif can make a substantial difference in navigating these complex issues.

In many family law or divorce cases, custody and parenting time emerge as the most intricate and contested matters. Sometimes, the Court appoints a Guardian ad Litem to investigate and advocate for the child’s best interests (though they do not represent the children directly) or a Custody Evaluator to assist the Court. Our attorneys frequently handle cases involving such experts, navigating the many complexities involved to ensure your interests and those of your children are effectively represented.

Understanding Georgia Custody Law

Under Georgia law, both parents present their cases to the court on equal footing, with no presumption favoring one parent over the other based solely on gender.

Custody arrangements come with various labels and terminology, some of which hold more significance than others. It’s crucial to ensure that your agreement or final order accurately reflects the true intentions of both parties or the Court, as certain terms can make a significant difference.

Broadly speaking, custody can be divided into two main categories: physical custody and legal custody. Physical custody pertains to the scheduling and time spent with the minor child or children, while legal custody involves decision-making authority. The Court requires you to address four key areas related to decision-making: educational, extracurricular, religious, and medical decisions. Generally, one parent may have the final say on all decisions, or the responsibilities can be shared between both parents.

Visitation is the traditional term used to describe the non-custodial parent’s time with their minor child or children. However, courts and parties now commonly refer to this time as parenting time.

According to O.C.G.A. §19-9-1, courts require the parties to submit a parenting plan, which our Atlanta child custody attorneys are well-versed in preparing and presenting.

Although there are several relevant statutes concerning custody, one of the most critical is O.C.G.A. § 19-9-3, along with its related case law. This statute contains important language that clearly outlines the factors the court must consider to determine the best interests of the child. It states:

O.C.G.A. § 19-9-3 (3) In determining the best interests of the child, the judge may consider any relevant factor including, but not limited to:

  • The love, affection, bonding, and emotional ties existing between each parent and the child;
  • The love, affection, bonding, and emotional ties existing between the child and his or her siblings, half siblings, and step-siblings and the residence of such other children;
  • The capacity and disposition of each parent to give the child love, affection, and guidance and to continue the education and rearing of the child;
  • Each parent’s knowledge and familiarity of the child and the child’s needs;
  • The capacity and disposition of each parent to provide the child with food, clothing, medical care, day-to-day needs, and other necessary basic care, with consideration made for the potential payment of child support by the other parent;
  • The home environment of each parent considering the promotion of nurturance and safety of the child rather than superficial or material factors;
  • The importance of continuity in the child’s life and the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;
  • The stability of the family unit of each of the parents and the presence or absence of each parent’s support systems within the community to benefit the child;
  • The mental and physical health of each parent;
  • Each parent’s involvement, or lack thereof, in the child’s educational, social, and extracurricular activities;
  • Each parent’s employment schedule and the related flexibility or limitations, if any, of a parent to care for the child;
  • The home, school, and community record and history of the child, as well as any health or educational special needs of the child;
  • Each parent’s past performance and relative abilities for future performance of parenting responsibilities;
  • The willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent, consistent with the best interest of the child;
  • Any recommendation by a court appointed custody evaluator or guardian ad litem;
  • Any evidence of family violence or sexual, mental, or physical child abuse or criminal history of either parent; and
  • Any evidence of substance abuse by either parent.

Additionally, this statute is significant because, unlike its predecessor, it permits the awarding of attorney’s fees in custody cases, which was not allowed before its enactment by the legislature. The statute even allows for attorney’s fees to be awarded during temporary hearings.

As stated in OCGA § 19-9-3(g), “Except as provided in Code Section 19-6-2, and in addition to the attorney’s fee provisions contained in Code Section 19-6-15, the judge may order reasonable attorney’s fees and expenses for litigation, experts, the child’s guardian ad litem, and other costs associated with the child custody action and pretrial proceedings to be paid by the parties in proportions and at times determined by the judge. Attorney’s fees may be awarded at both the temporary hearing and the final hearing. A final judgment shall specify the amount awarded, whether in full or partial payment, and may be enforced by contempt of court or by writ of fieri facias, regardless of whether the parties subsequently reconcile. An attorney may initiate an action in their own name to enforce the attorney’s fees granted under this subsection.”

Moreover, many cases may involve multi-state or multi-county jurisdictional issues, potentially implicating the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) or the Hague Convention. Our child custody attorneys in Atlanta are equipped to assist you with these complex situations.

Contact our Atlanta Child Custody Lawyers Today

If you need to discuss divorce, child support, visitation, or any other family law matter, reach out to an experienced Atlanta child custody lawyer today. You can contact us online or give us a call at (404) 816-2004. We understand that these issues can be complex and emotional, and we’re here to provide the legal support and guidance you need. Let us help you protect your family’s future.