Custody & Visitation

In Georgia, custody and visitation are determined by assessing the best interest of the child. Georgia law breaks custody into two groupings: physical custody, which refers to where the children spend their physical time and with what parent; and legal custody, which refers to communication between the parents and which parent has the authority to make major decisions as they relate to the children.

Legal Custody

In most cases, when parents divorce in Georgia, they are awarded joint legal custody of their children. This means that they must discuss major decisions involving the children with the other parent and that they must at least attempt to make major decisions about the children together. Where parents cannot agree regarding major decisions involving the children, one parent is usually designated as having final decision-making authority or serves as the "tie-breaker". The sub-categories of legal custody in Georgia are education, medical care, religion, and extracurricular activities. Sometimes one parent is designated as the final decision-maker with respect to some categories (for example, education and religion), while the other parent is designated as the final decision-maker for other categories (for example, medical care and extracurricular activities). In other cases, particularly when one parent has not been significantly involved in a child's life, one parent may have sole legal custody and may make all major decisions involving the child.

Legal custody also pertains to the rights parents have to be involved with their children's doctors, teachers, and other professionals in their lives. When parents have joint legal custody, they have equal access to documents and service providers who serve the children, such as doctors and teachers. Joint legal custodians also have equal access to documents such as medical tests and diagnoses, report cards, and school schedules.

Physical Custody

Physical custody refers to the actual living situation of the children. Parents are usually either designated as primary and secondary custodian, as joint physical custodians, or one parent may have primary or sole physical custody and the other parent may have visitation or supervised visitation. Devising a custody schedule is done through use of a parenting plan in Georgia. Each day of the year is accounted for, including holidays and breaks from school so that the children know which parent they will be with on any given day of the year.

In cases where parents disagree over the physical custody situation that would be best for the children, Judges look at a number of factors to make a determination about what is best. The factors considered by the Court are listed in O.C.G.A. §19-9-3. Parents by agreement, or Judges through and Order, may also employ experts to help investigate and determine what physical custody arrangement would be in the best interest of the children. Experts or investigators typically employed to make custody recommendations include Guardian ad Litems and Custody Evaluators. Sometimes co-parenting counselors also make suggestions about parenting plans that would serve the children's best interest.

Because the factors considered in making child custody determinations are so extensive and fact sensitive, it is important to consult with a knowledgeable child custody attorney if you have a custody question or issue.

Visitation

Visitation is a term for parenting time for the non-custodial or non-primary parent. Visitation can be frequent and extensive, or very limited depending on the circumstances of the case. At times, visitation may have to be supervised by a third party for a minor child's protection or the protection of the parent exercising visitation.

At Hackett & Wine we are knowledgeable about various parenting time arrangements and how they impact children of various ages. We know and use a number of different visitation supervisors and can recommend supervised visitation services if they are necessary in your case.

Parenting Plan

In Georgia, a Parenting Plan must be filed with the Court in every divorce case involving minor children. The Parenting Plan details when the children will be in each parent's physical custody. It also addresses transportation of the child or children and how the parents will communicate with the child or children when they are spending time with the other parent. Parenting Plans are designed to reduce conflict in divorcing parent situations.

Affidavit of Election

An Affidavit of Election is a statement made by a child electing which parent they prefer to live with. These statements are usually signed under oath, in front of a Notary Public. An Affidavit of Election can be a persuasive tool in determining which parent will receive primary physical custody of a child or children in a divorce or modification case.

In Georgia in all custody cases in which a child has reached the age of 14 years, the child shall have the right to select the parent with whom he or she desires to live. The child's selection for purposes of custody shall be presumptive unless the parent so selected is determined not to be in the best interests of the child. With younger children, specifically children between the ages of 11 and 14 years, the judge shall consider the desires and educational needs of the child in determining which parent shall have custody. The judge shall have complete discretion in making this determination, and the child's desires shall not be controlling.

It is our experience that certain courts and judges are more inclined than others to place greater weight on the desires of a minor child. It is therefore important to contact a family law attorney who is knowledgeable about the judges and jurisdiction where your case will proceed before filing an Affidavit of Election on behalf of your child or children.

Grandparent Visitation/Custody

Grandparents in Georgia have traditionally had very few rights or likelihood of obtaining visitation or custody of their grandchildren. In recent years, the law has begun to change, giving grandparents more of an opportunity to gain visitation or custody of their grandchildren under certain circumstances. Grandparents can not file visitation actions on their own or as intervenors (additional parties) in a currently pending custody action concerning their grandchild or grandchildren.

The Georgia Code provides that a "court may grant any grandparent of the child reasonable visitation rights if the court finds the health or welfare of the child would be harmed unless such visitation is granted and if the best interests of the child would be served by such visitation. In considering whether the health or welfare of the child would be harmed without such visitation, the court shall consider and may find that harm to the child is reasonably likely to result where, prior to the original action or intervention: (A) The minor child resided with the grandparent for six months or more; (B) The grandparent provided financial support for the basic needs of the child for at least one year; (C) There was an established pattern of regular visitation or child care by the grandparent with the child; or (D) Any other circumstance exists indicating that emotional or physical harm would be reasonably likely to result if such visitation is not granted."

Contact a knowledgeable domestic attorney at Hackett & Wine today to see if you have a case for grandparent custody or visitation.

Adoption

Adoption requires a knowledgeable attorney to assist the prospective adoptive parents in understanding Georgia law and providing advice on how to move through the adoption process because of the complicated nature of adoption proceedings. At Hackett & Wine, LLC, we recognize the importance of non-biological methods for creating your family. Every adoption is unique as the family that seeks the adoption and the process of obtaining an adoption can proceed down a variety of paths since there are many types of adoptions that are available in Georgia. The grounds under which an adoption can be obtained include agency, independent, step-parent, relative, international, and adult adoptions. We are happy to help any prospective adoptive parents, including older parents, non-traditional families, and single parents in realizing their dream of adopting a child.