Child Custody Lawyers in Roswell, GA — Helping Clients Protect the Best Interests of Their Children

Few areas of family law can become as contentious as a child custody battle. Even a contested divorce with no children involved can play out more amicably than a custody dispute. That’s because there are major emotions involved, and both parents believe what they want is best for their child. Then again, maybe you’re in an amicable situation with a former partner and just want to create an agreement and parenting plan with minimal headaches. Regardless of your situation, a child custody lawyer in Roswell, GA may be able to help.

At the Family Lawyers of Atlanta, our team of experienced family law attorneys are committed to our clients. We work hard to secure the best possible outcome for the parents we work with. The simple fact is that family law matters involving children are often complex, contentious, and challenging. Fortunately, you don’t have to go through such difficulties on your own. Contact us today to schedule your free consultation with a dedicated Roswell, GA, child custody lawyer. We’re ready to help.

How Is Child Custody Determined in Georgia?

Whether you’re going through divorce proceedings, have a child outside of marriage, or need to modify an existing order, child custody in Georgia is determined by a single fact. Put simply, the best interests of the child are paramount. Of course, this is often a subjective measurement. When we represent clients, they only want the best for their children. Of course, the other parent will say they want the same. However, their visions for their child are different in many cases.

This is why it’s often left to the courts to decide who gets primary custody. In Georgia, many factors go into this decision:

• Each parent’s relationship with the child
• The ability of each parent to provide for their child’s emotional and physical needs
• The physical and mental health of both parents
• The age, health, and gender of the child
• Stability of home environments
• In some cases, the child’s wishes
• Any history of substance abuse or domestic violence by either parent
• Geographic locations of parents’ homes
• Work schedules and ability to provide care
• Any other factor that the court may deem relevant

Clearly, there are a lot of considerations that go into child custody decisions in Georgia. However, all these considerations relate directly to the child’s best interests. In a best-case scenario, it’s possible to avoid having the court system make these decisions. When parents can agree on custody, the courts will typically approve their plan as long as it’s not detrimental to the child.

Regardless of whether you’re in an amicable situation or a drawn-out dispute, though, having a child custody lawyer in Roswell, GA, on your side can prove invaluable.

How Can Family Law Attorneys Help?

Any family law case can be complex. However, you might think that child custody disputes are straightforward. Perhaps you think that the situation is so clear that no court would give custody of your child to the other parent. Then again, you might simply be in a situation where you believe you and a former partner can reach an amicable solution. In these situations, it’s easy to fall into the trap of thinking you can handle your legal issues on your own. However, you should still at least speak with an experienced family law lawyer.

There are a variety of reasons behind this. First, there’s no way to predict what a judge will decide. While you may think it’s clear that you should have primary custody, the courts may see things differently. Perhaps certain facts are not admissible in court. Maybe your former partner will dishonestly paint you in a negative light. The reality is that having skilled legal representation can help you prepare for any hurdles that come your way. A child custody battle simply isn’t a place where you want surprises.

A child custody lawyer in Roswell, GA, can also assist in situations where things are more amicable. Even if you have reached a joint custody agreement with your ex and created a stellar parenting plan, certain legal processes and requirements must still be followed. If this isn’t done, you could end up with your agreement rejected by the courts and be forced to start over completely. Additionally, significant nuances to Georgia law — such as the appointment of a primary custodian even in joint custody agreements — demand knowledgeable legal services.

Let our law firm help. Contact us today.

Child Custody Answers From an Experienced Family Law Attorney

If your marriage is coming to an end, you need to speak with an experienced divorce attorney. If you’re involved in a custodial dispute — or simply need to “make things legal” — you should speak to a child custody lawyer. Regardless of your situation, a consultation with a legal professional will help you understand what you’re up against. Attorneys can provide personalized answers — which is vital since no two cases are alike.

However, there are some frequently asked questions whose answers are relatively stable in every case. These include:

Can You Make Custody Decisions in a Prenuptial Agreement?

All sorts of divorce and family legal matters can be decided in a prenuptial or postnuptial agreement. In fact, you can often look at these marital contracts as a blueprint for a divorce agreement. However, these documents cannot include child support and custody issues. While such language will not void the entire document, provisions related to these matters will be unenforceable. That’s why it’s a good idea to have Roswell family lawyers review these agreements before signing.

Does the Noncustodial Parent Have to Pay Child Support?

In the majority of family law cases, it’s the noncustodial parent who has to pay child support. In most instances, this means the party with primary physical custody will receive support. However, there are some nuances due to Georgia’s subjective approach to child support obligations. For instance, the custodial parent may have to pay the other spouse if they earn a substantially higher income. This is something occasionally seen in high-asset divorces. You should speak with a Roswell family law attorney to see if your situation may be unique.

Can a Child Support Order Be Modified After It’s Finalized?

Situations change. Perhaps you weren’t in an ideal financial decision during your contested divorce. Maybe you failed to understand how legally complex child custody issues could be when you first went to court. You may even be in a situation where you believe a father’s rights are detrimental to your child, or maybe you’ve discovered your child’s mother isn’t properly caring for them.

Regardless of the situation, requesting a modification in the court order is possible. However, such modifications are typically only approved when a significant change in circumstances occurs. Hence, it’s wise to speak with a Roswell child custody lawyer in order to understand your options more fully.

Are a Child’s Preferences Considered in Georgia Child Custody Cases?

Any person with family law experience — or even someone who’s seen a court drama show — knows that children can sometimes choose who should have custody. This is true in Georgia, but only in certain circumstances. For instance, a child’s wishes will be given significant weight in a judge’s decision once they reach age 11. Once a child turns 14, though, their decision is considered presumptive. Unless it would be detrimental to the child’s well-being to be in the custody of one parent, the courts will respect their decision at the age of 14.

Contact Our Child Custody Lawyers in Roswell, GA Today

You want what’s best for your child. Fortunately, so does Georgia law. However, this doesn’t mean that courts will always reach the best conclusion. The state wants parents to work together and share custody of their children. If you are in a situation where this is possible, our Roswell family law attorneys can help you draft the appropriate documents and file them with the court. If you’re in a less amicable situation, though, it’s crucial that you have a legal advocate on your side. This will offer the best opportunity to secure an outcome that’s beneficial for you and your child.

At the Family Lawyers of Atlanta, you’ll work directly with a team of legal professionals with extensive child custody legal experience. Our family law firm has dealt with these types of cases for years, and we have the skills and knowledge to help you seek the best possible outcome. This is a serious legal situation, and a do-it-yourself approach or just “hoping for the best” simply isn’t enough. Contact us today by calling 404-418-7777 to schedule your free consultation. Our child custody lawyers in Roswell, GA, are on standby and ready to assist in your case.