Decatur Child Custody Lawyer

Decatur Child Custody Attorney

Trying to navigate child custody in the midst of divorce can be draining. The Decatur, GA, child custody lawyers of The Fleming Firm are committed to helping protect your parental rights while prioritizing your child’s best interests. Whether you’re dealing with divorce, separation, or custody modification, we can help you understand child custody laws and your legal options.

Child Custody in Georgia

Child custody laws prioritize the well-being and stability of the child. As such, the court considers several factors when determining custody. These can include the following:

• The emotional bond between the child and each parent
• Each parent’s ability to care for the child and their needs
• The child’s preference, if the child is older
• Each parent’s home environment
• The mental and physical health of each parent
• Any history of abuse, neglect, or substance use
• The willingness of each parent to support the child’s relationship with the other parent

Our Decatur child custody attorneys understand the process judges use to determine child custody cases, where the child will live, and how they will be cared for. We have a strong relationship with the DeKalb County Courthouse at 556 N McDonough Street and collaborate with judges to determine how to care for your child.

Legal Custody Vs. Physical Custody

Georgia law recognizes two primary types of custody: legal custody and physical custody. Both types may be awarded to one parent, or they may be shared or divided between the two.

Legal custody refers to the parent’s authority to make major decisions on behalf of the child. This includes choices about education, healthcare, religion, and extracurricular activities. In some child custody cases, the parents may be awarded joint custody, which means that both parents share the responsibility for these decisions.

Physical custody pertains to where the child lives. This can also be joint or sole. Even with joint custody arrangements, one parent generally has primary custody, while the other is granted visitation rights.

Many U.S. states encourage shared parenting time. However, data shows that Georgia fathers only receive about 23.5% of the parenting time. This puts the state toward the bottom of the list for parenting time among dads.

Our Decatur, GA, child custody lawyers help clients develop fair and functional parenting schedules that guard the child’s best interests while considering the parents’ needs and preferences.

Establishing a Parenting Plan

When two parents share custody or visitation, they need to submit a parenting plan to the court for approval. Georgia law requires that this plan outline how both parents plan to share time and responsibilities for the child.

The parenting plan should include the following:

• Weekly visitation schedules
• Holiday plans and visitation
• Transportation arrangements for visitations
• How decisions regarding education and medical care will be made
• Communication guidelines between parents and with the child
• How disputes will be resolved, such as through mediation or other means

Different Types of Child Custody Cases

The Fleming Firm represents clients in a myriad of child custody cases. Some examples of child custody cases we can handle include the elements below:

• Divorce-related custody. Helping divorcing parents reach custody arrangements or litigating in court
• Custody for unmarried parents. Establishing legal custody and visitation for parents who were never married
• Custody modifications. Assisting with changes to existing custody orders when circumstances have significantly changed
• Enforcement actions. Enforcing existing custody orders when one parent is not complying
• Parental relocation. Representing parents who wish to move or challenge the other parent’s move
• Paternity and custody. Helping establish paternity to secure custody or visitation rights for biological fathers

Every case is unique. The Fleming Firm can help recommend a course of action that supports you and your child’s needs.

Why Choose The Fleming Firm

The Fleming Firm offers extensive experience in helping families navigate child custody cases in Georgia. We pride ourselves on clear communication styles and offering legal counsel through every step of the process to lead our clients toward the most favorable outcome possible. Our team tirelessly advocates for you through negotiations and courtroom litigation.

Our firm holds a deep understanding of child custody laws in Georgia and can help you prepare a detailed parenting plan, custody petition, or court filings.

FAQs

How Much Does a Child Custody Lawyer Cost in Georgia?

Child custody lawyers generally charge by the hour and may request a retainer fee, which is an upfront cost for the attorney to draw from while providing services. However, the overall costs will depend on the attorney’s experience, location, and the complexity of your case. Some attorneys offer payment plans. You can discuss specific payment details when you meet for your consultation.

What Do Judges Look for in Child Custody Cases in Georgia?

Judges in Georgia prioritize the best interests of the child when determining custody. They consider factors such as each parent’s ability to provide a stable and nurturing environment, emotional ties between the child and each of their parents, and the parents’ mental and physical health. Judges also factor in any history of domestic violence, substance abuse, or neglect.

How Is Child Custody Determined in Georgia?

Child custody in Georgia is determined by the child’s best interests. Courts evaluate several factors, such as how each parent can meet the child’s needs, the home environment provided, and the child’s relationship with each parent. Georgia recognizes both legal custody and physical custody. Parents may share joint custody, or one may have sole custody. The courts intervene if the parents can’t agree on a parenting plan.

Can You Get a Court-Appointed Attorney for Child Custody in Georgia?

In general, Georgia does not provide court-appointed attorneys for parents in child custody cases. If the cases involve allegations of abuse or neglect, the state intervenes. In some cases, children may be appointed a Guardian ad Litem or an attorney to represent their interests. If possible, you’ll want to hire a child custody lawyer of your choosing to be sure your voice is heard and your rights are upheld.

Hire a Child Custody Lawyer Today

The Fleming Firm is here to support you through the child custody process. Our experienced Decatur, GA, child custody lawyers fight to protect your rights and ensure your child’s needs remain the top priority.

Hire a child custody lawyer who understands Georgia law and cares deeply about helping families find solutions that work for them. Contact us today to schedule your initial consultation to discuss your case.