Child Custody Lawyer in Savannah, GA

Navigating child custody is often the most emotionally challenging aspect of a divorce or separation. At The Schachter Law Firm, LLC, our child custody experts have a proven track record of success in winning child custody battles for our clients. Our ultimate goal is to ensure that your child’s best interests are promoted and protected.

In Georgia, the standard for determining custody is the “best interest of the child.” This standard gives the Court broad discretion in determining the parent who receives physical custody of the children, the appropriate parenting time and visitation for each parent, and what role each parent will have in making important decisions about their child’s welfare, health, education, and religious training.

The Schachter Law Firm, LLC will work to get you the best custody result through a hearing, trial, or mediation on custody issues. We handle all aspects of child custody, from initial determinations during a divorce to post-judgment modifications.

Understanding Child Custody in Georgia

Georgia law recognizes two distinct types of child custody: physical custody and legal custody. Understanding the difference between the two is crucial when establishing a parenting plan.

Physical Custody

Physical custody refers to where the child lives on a day-to-day basis.

  • Primary Physical Custody: One parent is designated as the primary physical custodian, meaning the child resides with them the majority of the time. The other parent typically receives secondary physical custody, often referred to as visitation or parenting time.
  • Joint Physical Custody: In some cases, parents may share joint physical custody, where the child spends roughly equal amounts of time living with each parent. This arrangement requires a high degree of cooperation and communication between the parents.

Legal Custody

Legal custody involves the right and responsibility to make major decisions regarding the child’s upbringing, including their education, healthcare, extracurricular activities, and religious training.

  • Joint Legal Custody: It is very common in Georgia for parents to share joint legal custody. This means both parents have an equal voice in major decisions. However, one parent must be designated as the “final decision-maker” in the event of a disagreement, usually the parent with primary physical custody.
  • Sole Legal Custody: In rare circumstances, such as cases involving severe abuse or neglect, the court may award sole legal custody to one parent, giving them the exclusive right to make all major decisions for the child.

How Georgia Courts Determine Custody

When parents cannot agree on a custody arrangement, a judge will make the determination based solely on the “best interests of the child.” Georgia law provides a list of factors the judge may consider, including but not limited to:

  • The love, affection, bonding, and emotional ties existing between each parent and the child.
  • The capacity and disposition of each parent to give the child love, affection, and guidance.
  • Each parent’s knowledge and familiarity with the child and the child’s needs.
  • The capacity and disposition of each parent to provide the child with food, clothing, medical care, and other basic necessities.
  • The home environment of each parent considering the promotion of nurturance and safety.
  • The importance of continuity in the child’s life and the length of time the child has lived in a stable, satisfactory environment.
  • The stability of the family unit of each of the parents.
  • The mental and physical health of each parent.
  • Each parent’s involvement in the child’s educational, social, and extracurricular activities.
  • Any evidence of family violence, child abuse, or substance abuse by either parent.

The Role of the Child’s Preference

In Georgia, a child’s preference regarding which parent they want to live with can influence the court’s decision, depending on the child’s age:

  • Ages 11 to 13: The judge may consider the desires of a child who is 11, 12, or 13 years old, but the child’s preference is not binding. The judge retains full discretion to decide what is in the child’s best interest.
  • Ages 14 and Older: A child who is 14 years or older has the right to select the parent with whom they wish to live. The judge will honor this selection unless it is determined that living with the chosen parent is not in the child’s best interest.

Comprehensive Child Custody Representation

At The Schachter Law Firm, LLC, we assist clients with a wide range of child custody matters, including:

  • Establishing Initial Custody Orders: Helping parents negotiate and finalize parenting plans during divorce or legitimation proceedings.
  • Child Custody Modification: Assisting parents in seeking changes to existing custody orders when there has been a material change in circumstances.
  • Relocation Cases: Representing parents who wish to move out of state with their child, as well as those opposing a proposed relocation.
  • Grandparent Visitation: Advocating for the rights of grandparents to maintain a relationship with their grandchildren under specific legal circumstances.
  • Enforcement of Custody Orders: Taking legal action when a parent fails to comply with a court-ordered parenting plan.

Frequently Asked Questions

1. How do Georgia courts decide child custody?

Georgia courts focus on what is in the best interests of the child. Judges look at factors like each parent’s involvement, the child’s needs, and which home environment offers the most stability and support.

2. What is the difference between legal custody and physical custody?

Physical custody determines where the child lives, while legal custody involves the authority to make major life decisions for the child, such as those regarding education, healthcare, and religion.

3. At what age can a child choose which parent to live with in Georgia?

A child who is 14 years or older has the right to select which parent they want to live with, and the court will generally honor this choice unless it is deemed contrary to the child’s best interests. Children aged 11 to 13 may express a preference, but the judge is not required to follow it.

Contact a Savannah Child Custody Attorney Today

If you are facing a child custody dispute, you need an experienced and compassionate advocate on your side. Contact The Schachter Law Firm, LLC today at (912) 233-8883 to schedule a consultation with a knowledgeable Savannah child custody lawyer. We will fight to protect your relationship with your child.