The different types of child custody are defined by statute in Georgia. These are physical custody and legal custody. Either of these custody arrangements can be joint or placed with one parent. Joint custody provides the child with the benefit of the guidance and active love of both parents. This is a better arrangement for the child, and it can be a much better arrangement for both parents. Legal custody bestows on one parent the right to make financial and other decisions related to the welfare of a minor, and this does not imply where the child lives. A Douglasville GA Custody Lawyer will say that the parent who has physical custody of the child usually determines the final decisions. However, a judge is the only person who can determine custody issues with finality.
Children 14 years and older will have the right to decide the parent they will live with. Georgia has a straightforward policy of ensuring that the child has contact with all parents and grandparents who want to maintain a continuing interest in the growth of the child. A Douglasville GA Custody Lawyer can provide guidance in this matter.
No third party can attempt to gain custody of a child. In Georgia, it is a fundamental right that cannot be infringed upon regardless of any circumstances a third party may present. The parents are entitled to the complete care of their children unless they are proven to be unfit, and that is a high standard to meet. Parents or a parent can be deemed “unfit” and lose custody rights by: Abandoning the child without thought about the child’s care, Mistreating a child either physically or mentally and Failing to give the child life’s necessities. (Section 19-7-1 of the Georgia Code)
Courts require clear and convincing evidence of abandonment or cruelty. The court looks at a parent as being responsible in taking care of their child and that the parent is able to provide for food, shelter and protection regardless of the quality of the housing. Even behaviour by the custody parent which some would consider to be immoral is not grounds for a custody challenge if that immoral conduct does not prevent the parent for properly caring for the child. The judge will not look at whether the third party is more capable of providing a better standard of living for the child. Child custody in Georgia is a constitutional right. Visit Google+ to read our latest posts.
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