Mulberry Child Custody Attorneys
Vigorously Advocating for Your Child’s Best Interests and Your Legal Rights
Child custody is one of the most contested parts of a divorce or separation agreement. It’s normal for adult relationships to come to an end; the best thing parents can do is spare their kids from the conflict that arises during some divorce proceedings. Doing so sets them up for a peaceful and stable life post-separation. At Daniels & Taylor, P.C., our Mulberry child custody lawyers prioritize your children’s best interests while affirming your parental rights, recognizing your well-being is intertwined with theirs.
Georgia recognizes two types of child custody:
- Physical custody determines which parent a child lives with. This can be shared by both parents, known as “joint custody.”
- Legal custody grants the right to shape a child’s upbringing, including medical, legal, educational, and religious decisions. Joint legal custody allows both parents to participate in these decisions.
Discuss your custody options with an attorney in a free consultation. Call (770) 285-1673 or contact us online.
Why Hire a Child Custody Attorney in Mulberry?
Child custody arrangements impact your family’s life for years, perhaps decades. Unlike other parts of your divorce, custody is about your child’s needs—not yours. Of course, how each parent views their child’s needs doesn’t necessarily align. Even the most reasonable, well-meaning parents can get wrapped up in escalating conflict because each has a different understanding of their child.
While child custody attorneys can’t guarantee against a custody battle, we can certainly streamline the process and make it less likely. Our experience with child custody arrangements equips us to draft agreements that meet a child’s needs while giving each parent the role they want for themselves. Knowledge of the law means our custody arrangements can innovate while remaining legally enforceable.
The Value of a Favorable Child Custody Agreement
Time passes quickly, and you don’t want to miss out on significant moments in your child’s life. Being there for your child’s first steps, teaching them to ride a bike, attending their soccer or karate practice, and comforting them during tough times are invaluable experiences. You want to help with homework, regulate their internet usage, and sleep peacefully knowing they are safe. Having primary custody can bring more joy and reduce stress.
If you and your spouse are capable of cooperating, there’s nothing preventing you from sharing physical custody. Co-parenting with open lines of communication is the ideal way to raise a child; the state generally favors frequent visitation with both parents at minimum. However, if you’re seeking a divorce because your spouse is a threat to you and your child, our firm stands ready to use every legal tool at our disposal for your safety and security.
Who Can Pursue Custody in Georgia?
In Georgia, multiple family members can seek custody under the law. Ultimately, the court prioritizes the child’s best interests when determining custody, so anyone seeking custody must be ready to prove their ability to provide a stable and safe home.
The following relatives can seen custody and visitation rights:
- Parents: Both biological parents have equal rights to seek custody unless the court deems one unfit.
- Grandparents: Grandparents can pursue custody if they can prove the child’s welfare is at risk or if the court finds both parents unfit.
- Stepparents: Stepparents may seek custody if they are already the primary caregiver and the biological parent is no longer involved in the child’s life.
- Other relatives or individuals: Any relatives or individuals with a legitimate interest in the child’s welfare can seek custody if they can demonstrate the child’s welfare is at risk.
How Is Child Custody Decided in Georgia?
If you and your partner cannot agree on a custody arrangement, the matter will go to court. Judges have broad discretion in these decisions. It is crucial to hire a child custody attorney in Mulberry who understands how judges weigh these factors.
Per Georgia law, judges may consider factors like:
- Your child’s emotional ties with you and their siblings
- Your love, affection, and ability to guide and educate your child
- Your ability to meet your child’s needs, considering child support
- Your involvement in your child’s educational, social, and extracurricular activities
- Your work schedule
- The stability of your child’s living environment
- Community support systems
- Each parent’s mental and physical health
- Any special needs of the child
- Recommendations by a custody evaluator or guardian ad litem
- Any history of substance abuse, child abuse, or criminal activity
At Daniels & Taylor, our team can help you secure both legal and physical custody of your children if that is what best serves their interests.
What Makes a Parent Unfit in Georgia?
In a custody case, a parent may be deemed unfit if their behavior endangers the child’s safety, health, or well-being. Factors that might lead to a parent being considered unfit include:
- Abuse or Neglect: A parent with a history of physical, emotional, or sexual abuse or neglect is likely to be deemed unfit.
- Substance abuse: A parent with a substance abuse problem that impairs their ability to care for the child may be deemed unfit.
- Mental health issues: Untreated mental health issues affecting a parent’s ability to care for the child may result in them being deemed unfit.
- Criminal behavior: A parent with a criminal record, particularly for violence or child abuse, may be considered unfit.
- Abandonment: A parent who has abandoned the child or shown little interest in their welfare may be deemed unfit.
These factors alone do not automatically render a parent unfit. The court will consider all circumstances and prioritize the child’s best interests.
Understanding Visitation Rights in Georgia
Visitation rights are a crucial aspect of child custody arrangements. Whether you are a custodial or non-custodial parent, understanding your rights and responsibilities regarding visitation is essential for maintaining a healthy relationship with your child.
Our experienced Mulberry child custody attorneys at Daniels & Taylor, P.C. can guide you through visitation rights in Georgia. We can help create a visitation schedule that works for you and your child and represent you in court if needed.
Can I Relocate with My Child Under a Custody Arrangement?
In Georgia, neither parent needs legal permission to take the child somewhere local. Married parents have equal rights as custodians of their children. However, if one parent takes the child out of state or out of the country without consulting the other parent, it could lead to a kidnapping case.
A parent can be prosecuted for parental kidnapping if they take their child from the other parent without legal custody or a court order. According to Georgia code § 16–5–45, kidnapping is considered “interference with custody.”
Call Our Mulberry Custody Lawyers Today: Daniels & Taylor, P.C.
Your children should not be caught in a custody battle between you and your spouse. Separation or divorce is difficult enough without exposing them to parental conflicts. We encourage entering the divorce proceedings determined to establish a middle ground through negotiation or mediation. But if your spouse refuses to agree to a reasonable child custody arrangement, we are prepared to litigate on your family’s behalf.
Mediation or negotiation gives parents complete control over the outcome, unlike litigation—which leaves the final decision up to the judge. In either route, having an experienced Mulberry child custody lawyer to advise and present your case maximizes the likelihood of a good outcome.
Contact Daniels & Taylor, P.C. to schedule a consultation with one of our child custody attorneys in Mulberry!
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WHy Choose Daniels & Taylor, P.c?
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Professional & Trustworthy Clients are always our number one priority. We treat every client with the utmost respect and professionalism throughout every aspect of their case.
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For over 25 years we have been recognized by our community and have been voted Best of Gwinnett from 2015-2021.
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Established in 1994 Our firm has been serving clients in Gwinnett County for over 25 years. Lawrenceville is our town!