What to Expect When Working With Child Custody Lawyers in Atlanta

Dealing with child custody in Atlanta, Georgia, can set you off on a roller-coaster of emotions.

With each parent eager to win custody rights, things can quickly escalate.

The experience is only worse for parents still smarting from the aftershocks of an acrimonious divorce or separation.

Fortunately, you don’t need to do all the legwork.

Simply enlist legal help, and the process will unfold much more smoothly than you could have anticipated.

In this guide, I’ll walk you through the key expectations when working with a child custody lawyer in Atlanta.

Before Contacting the Attorney…

The decision to contact a child custody lawyer should never be made on a whim.

Rather, it must spring from a point of deep consideration.

Ideally, separating couples should amicably determine how to share their children’s custody rights.

But where such decisions cannot be reached without a fuss, the best recourse is to enlist legal assistance.

Contacting experienced child custody lawyers serving Atlanta, Georgia, can help you navigate the city’s child custody regulations.

It’s the surest way to uphold your rights as a litigant as well as the child’s welfare.

Choosing an Experienced Lawyer

Not every lawyer listed on the state bar is worth your time (or money).

First, establish that the attorney specializes in child custody.

Shun jacks of all trades.

Next, hire someone with verifiable experience.

It’s easy for a lawyer to claim “dozens of happy clients.”

However, ensure you validate their assertions by contacting some of these individuals.

It’s also best to hire an Atlanta-based lawyer rather than an out-of-state firm.

Local attorneys understand the nuances of child custody law within the State of Georgia, including the presumption of custody and relevant legal precedents.

Besides, these attorneys charge favorable fees due to the absence of transportation markups.

Not to mention hassle-free scheduling of legal consultations.

Establishing Custody Rights

In the State of Georgia, married parents share equal child custody rights.

There’s no presumption of custody on either parent.

However, unwed mothers enjoy full custody rights.

The same applies if the mother had their child out of wedlock.

The law requires fathers to formally establish paternity before seeking custody rights.

Your lawyer will help you interpret these provisions, enabling you to press forward from a point of better information.

Interpreting the Different Custody Types

Two child custody types exist in Georgia – Legal and Physical.

A legal custodian can make significant decisions on their child’s upbringing and overall welfare.

They choose where the minor can go to school, receive medical care, etc.

Meanwhile, physical custody determines which parent lives with the child.

Inform your attorney if you’d prefer to be both your child’s legal and physical custodian.

The lawyer will recommend the most appropriate custody type, based on factors like your income and lifestyle.

Interpreting the Different Custody Arrangements

Some child custody cases result in one parent enjoying both legal and physical custody.

This is known as sole custody.

Usually, sole custody occurs where the mother was unwed but has demonstrated financial and parental capabilities of raising the child.

Child custody in Georgia may also result in joint custody.

This arrangement usually sees one parent (often the mother) holding physical custody, with the other (or both) sharing legal custody rights.

Drafting a Parental Plan

A comprehensive parental plan is necessary before going ahead with child custody litigation.

Your attorney’s experience will come to bear in helping you understand the conditions of this agreement and the implications of violating them.

Ideally, a compelling parental plan should dwell more on the child’s welfare and less on the custody-seeking parent.

Note that the parental plan must be approved by a court to be legally binding.

Pursuing an Out-of-Court Settlement

Child custody litigation can be time-consuming and emotionally wrecking.

Therefore, it’s in your best interest to pursue an out-of-court dispute resolution mechanism.

If your spouse agrees to the conditions of the parenting plan, the document will still require a formal court approval.

However, the litigation process will be much shorter and less dramatic.

Litigating the Matter in Court

Parents seldom agree on child custody rights.

If you’re in a similar scenario, it’s best to escalate the matter to a court.

Your attorney will kick-start the litigation process by filing for child custody in a court of competent jurisdiction.

Then, a judge will help establish a more binding parenting plan.

Key considerations include the child’s welfare and their relationship with each parent.

For instance, is the child more comfortable around one parent but visibly agitated around the other?

The court will also determine each parent’s ability to provide for their child’s financial and emotional needs.

Factors like monthly income, work routine, and overall lifestyle will come into play here.

If the contested child is 14 years or older, they have the right to choose which parent they wish to live with.

Note that the ultimate decision still rests with the judge.

Liaising With Your Attorney Throughout the Judicial Process

Winning a child custody case can be challenging, especially if your ex-partner has also enlisted legal representation.

Therefore, it’s important to liaise with your attorney throughout the litigation process.

Furnish the lawyer with all documents they need to convince the court in your favor.

For instance, you may be presently out of employment, whereas your ex-partner is actively engaged.

That means you cannot convincingly prove the financial capacity to raise the child.

However, evidence of expected payouts (such as dividends and inheritance) or an appointment letter can still tilt the scales in your favor.

After Custody Determination…..

Child custody doesn’t end with the court’s determination, and the conditions in the custody order aren’t set in stone.

You’ll still need your attorney to interpret significant post-judicial events, such as changes in income and employment.

Let’s say being unemployed was the primary reason you lost legal custody rights.

If your fortunes have since improved, your lawyer may initiate a process to modify the custody order.

Navigating Child Custody Lawsuits With Professional Representation

Child custody lawsuits are drama-filled moments, with outcomes often dealing the final blow to a once-thriving union.

Fortunately, working with a professional attorney can make a significant difference in defending both your legal rights and the minor’s.

When choosing a child custody lawyer in Atlanta, Georgia, insist on someone with a proven track record of handling similar cases.

Ask for proof of happy clients and contact these individuals to learn more about their experience working with the law firm.

Besides, select a child custody attorney with an open mind and a deep sense of emotional intelligence.

The lawyer should handle the case professionally, taking care not to drive any further wedge between you and your erstwhile partner.