Child Custody

Atlanta, Georgia Child Custody Lawyer

If a divorcing couple has children, deciding child custody is central to their divorce. They, or the court, must decide who gets custody, with the other parent paying child support and having visitation rights. If you face a divorce, a child custody battle, or the need for modification of a decree, I can assist you. Call me, Stephen Land, to find out more.

Child Custody Laws

There are two types of custody. Legal custody determines who makes decisions about the child’s upbringing—where he goes to school, his religious instruction and so on. Physical custody determines where the child lives.

Usually, parents make an arrangement where one parent has primary physical custody and both parents share legal custody. Courts award sole custody if one parent is found unfit—if there is abuse, for example. Complete joint custody is uncommon. In order for it to work, both parents have to get along very well and live close to one another.

If there are modifications to custody that involve child relocation, the court decides the matter based on the best interest of the child. National and international custody disputes are even more stressful and costly than the ordinary kind. I can handle them, but I prefer to do so as a last resort.

Child Custody Battles

In child custody battles, the courts have traditionally favored the mother. Today, this is less true. There is still a bias toward the mother for very young children. As the children get older, that bias tends to disappear. At fourteen, a child can choose which parent he or she wants to live with. That is an excruciating choice for a child to make.

If you are facing divorce, and you have children, please remember that, although you may live separately, a child does best with two parents, which means you still have to work together. A fully contested child custody battle is often very damaging to a child and the scars sometimes never heal. Although I have tried plenty of them, I do all that I can to resolve the case without litigation for that very reason.