Types of Custody
In the state of Georgia, there are four different types of child custody arrangements. These include joint legal custody, sole legal custody, joint physical custody, and sole physical custody. Legal custody is broken down further into two categories: sole custody and joint custody. Legal custody refers to a parent’s responsibility for decisions made concerning a child such as medical treatment and education. The courts will issue sole legal custody when it is deemed that an arrangement may not be in the child’s best interests. On the other hand, joint legal custody is awarded when parents have an amicable relationship and can agree on the child’s care . This arrangement also occurs when a court finds that equal parental input benefits the child. Physical custody can also be determined as sole custody or joint custody. Physical custody refers to the living arrangement of the child. It may be awarded to one parent, or the court may find that it is in the child’s best interests to award joint physical custody. In this case, the child would split his/her time between both parents’ homes. This is separate from child support, which is a determination of the amount of money parents are ordered to pay each other for the care of the child.
When to Consider a Custody Case
When a parent has attempted to reasonably co-parent with the other parent, yet continues to face difficulty in doing so, an issue has arisen that will require contacting a lawyer to assist in filing a Petition to Modify Custody. If the parents have not yet established a court order for time with the child, but an informal arrangement has not worked, one parent should also consider coming to court to establish a new order for the benefit of the child.
If a child is being abused or neglected by a parent or has a need for special medical or educational services that the other parent will not (or cannot) provide, a court should be asked to step in to establish new limits for each parent and new allowances for the child. The court will set a schedule for the child that best serves the interests of the child and perhaps arrange for any special needs that the child has.
Preparation for a Custody Battle
Preparing for a custody battle requires the careful collection and organization of several different types of evidence, including proof of communication with your former partner, and any necessary medical records for your children. In an ideal world, a parent could present simple evidence to say that he or she deserves custody based on basic factors like financial stability, emotional capability, trustworthiness and the ability to provide appropriate living arrangements. Unfortunately, though, there are often conflicts over seemingly minor issues that can be resolved through the collection and presentation of certain evidence.
Gather All Relevant Evidence
It is best to have as much documentation as possible of any issues that apply to either parent’s potential guardianship of a child. This can include proof of financial stability in the form of bank statements or pay stubs, records of communication with the other parent, evidence of positive contributions to the child’s life such as volunteer records or letters of thanks from teachers, doctors and others who work closely with the child, information about residence and how it is suited to the child’s needs, and any other relevant material.
Documentation of Communication
When communicating with the other parent, whether in person, over the phone or through e-mail, keep careful records of any important conversations that might be relevant to the custody case. The objective is not to create an impression of dishonesty or deceitfulness to make the other person appear guilty – only document what is actually said, and be accurate and honest. Examples of important communication-worthy conversations include changes to school schedules, important medical visits, promises to pick up or drop off the child at a certain time, and any other requests from one parent to the other.
Character and Parent Quality
This is one of the more difficult aspects of a custody case, as both parents will likely present evidence that shows him or her as the better option for the child. Without resorting to name-calling or attempting to undermine the other parent’s case, present any reasonable evidence that supports the idea that you would be the best parent for the child. Again, emphasize both the kid’s and adult’s positive qualities, rather than weaknesses in the other person.
How to File for Custody
Filing for custody in court involves initiating the legal process to determine who will be responsible for the care and upbringing of a child. Below are the steps involved in effectively filing for custody:
Preparing the Necessary Documents: To file for custody, you must complete and file a petition for custody with your local family law court. This document generally requires information such as identifying the parties involved, stating the child’s name(s) and birthdate(s), and outlining the basis for the requested custody. In some jurisdictions, you may also need to file a summons and other documents, such as a declaration or affidavit of service.
Filing the Petition with the Court: The next step is to file the petition for custody along with any other required documents with the family court clerk. Usually, you can file your paperwork in person, by mail, or in some cases-online. Upon filing, the court clerk will provide you with case information and paperwork to serve the other party.
Serving the Other Parent: If you filed for temporary or permanent custody, you must legally notify the other party of the custody action and give him/her an opportunity to respond by filing an answer. Generally, service of process must be completed within 30 days of filing. Proper legal service can sometimes be tricky, so it is wise to consult legal counsel for guidance. In most cases, the simplest method is to hire the sheriff’s department or a licensed process server to personally serve the other party with the summons or subpoena.
Subsequent Court Hearings: After the parties have been served, there will typically be a court hearing scheduled where you will have the chance to present your side of the matter before the judge. At this hearing, if the judge believes a more thorough review is needed, the judge will often appoint a custody evaluator for a detailed assessment concerning the possible custody and visitation arrangements. Once the evaluator submits a written report, the court will hold a follow-up hearing at which time the judge will make a decision and issue a child custody order.
Adhering to Legal Procedures and Deadlines: Throughout the custody filing process, remember that it is of the utmost importance to adhere to the court’s legal procedures, orders, and pertinent deadlines, as failing to do so can significantly affect the outcome of your case.
The Role of Mediation
One way that you can work towards dissolving custody or child support issues without actually having to go to a trial is through mediation. In fact, the courts often mandate mediation before giving the parents a chance to settle their custody issues under the court’s supervision and avoid the costs and uncertainty of trial. The court will even go as far as to pay for mediation sessions, even for those people who have no money for lawyers. This is done so that parents can try to work out a custody agreement on their own, instead of undergoing litigation. In fact, many courts have private mediators on staff.
The way that mediation usually works is that after the parents have filled out their initial deficit statement in the action for divorce, the court will usually schedule an early mediation conference. This is an opportunity for each parent to make their position known to the mediator as to what they consider an appropriate access schedule. The parents will be provided with a copy of a calendar for the mediator to mark down the timeframes for each parent to assert their positions . Depending on the time constraints imposed by the court and/or the mediator, the parties may be asked to set up their own private mediation sessions immediately thereafter. Often when persons are not able to resolve their disputes immediately, they will be encouraged to return to the court, to a court-based mediation session at a later period of time.
What is important in the mediation process is that it is a settlement conference as opposed to a trial before a judge.
Mediators can also help parents come up with solutions to issues outside of custody or visitation between the parents. For example, parties are directed to engage in mediation to resolve child support issues, or most importantly, the other parent may agree to pay for health insurance or provide college tuition on a voluntary basis. The mediated agreement may be between the parties, but is usually ultimately drafted or typed up by an attorney, and then presented to the court as a consent order. Most judges give a lot of credence to the fact that parents actually have worked out their issues together, and I have never seen a judge strike down a consent order that came about from parents cooperating with one another, and willing to work with the children’s best interests in mind.
What to Anticipate at the Hearing
The hearing is your opportunity to present the judge with information about your case and explain why you should be awarded child custody. During this process, the court will examine two primary areas: the current situation of the child, and the potential impact of custody arrangements on the child.
The most important factor in a custody hearing is the best interest of the child. The law lays out five constraints that the presiding judge must take into consideration when evaluating the information presented to the court.
While the hearing is in process, the court will evaluate how your proposed custody arrangement impacts each of the five considerations. The court may present witnesses, such as counselors, teachers, and the child, as necessary. It will then use the information presented as evidence to determine whether or not your proposed plan works in the best interest of the child.
It’s important to remember that what the parents feel about the situation is often different than how judges see things. For this reason, a lawyer is very important to have. In many cases, parents who deviate from normally expected behavior can play in the court’s favor even if they have poor influences on their children.
Post-Custody Arrangements
The Court may award you the child, joint custody, or visitation rights with the child. The other party may be ordered to pay child support as well as share the costs of health insurance. The General Order of that Court may grant you physical custody, joint custody, or sole custody.
All orders are subject to future modification if there is a change in circumstances regarding the minor child or parties. The paperwork for a modification of a custody, visitation, or child support order is usually titled , "Petition to Modify Judgment." The courts are reluctant to change their prior orders unless there has been a complete change in circumstances that would affect the subject matter. For example; if you have joint legal custody and the other parent is interfering with your visitation because he/she has relocated to a different state. You may be able to file to modify the judgment to award you sole legal and physical custody. If your ex has obtained a higher paying job, maybe the child support amount needs to be modified. Not all changes in circumstances are grounds for modification so be careful what you ask for.