More Than 30 Years Of Service To The Atlanta Area

Attorneys Advocating For You And Your Kids In Custody Matters

One of the most important and difficult aspects of your case is addressing issues related to custody and visitation. When parents can’t agree on either custody or a set schedule, emotions become unmanageable and it affects not just the relationship between the parents but also the relationship between the children and parents.

Throughout this critical process, you need to work with an attorney who will strongly advocate for your rights as a parent and, more importantly, the well-being of your children. In Atlanta and other parts of Georgia, the firm to call is Michael D. Barber & Associates, P.C.

The Two Types Of Child Custody

The term “custody” can refer to two distinct but important legal rulings. They are described below:

Legal custody is a parent’s decision-making authority on behalf of a minor child, particularly on important matters like health care, education and religious indoctrination. In the majority of cases, both parents retain legal custody (unless there is a compelling reason to do otherwise). Even if a parent is not awarded physical custody, they can still retain legal custody. This type of custody also comes in different forms as sole, primary or joint custody.

Physical custody specifically refers to the amount of time each parent gets to spend with a child. More directly, it is where the child spends their time, which parent gets that time and what the specifics entail for that time. The decision of where the children live or spend the majority of their time necessarily limits the other parent’s time with the children. The parent who retains custody can receive child support. This is true even in joint custody. This type of custody may be sole, primary or joint custody.

Common Practices And Outcomes

Often, the court designates one parent as the primary physical custodian (the person with whom the child stays) and gives the other parent visitation. The court can also order joint legal and physical custody, which is where both parents share equal access to the children. In certain (and less common) cases, one parent will be granted sole custody if the other parent is unfit or other circumstances make a co-parenting agreement untenable.

The court’s decision must always be based on what the court considers to be the “best interest of the children.” This can be influenced by the child’s wishes, if the child is of a certain age, but stated preferences are not a guarantee.

Contact Us To Discuss Your Legal Needs For Free

Whether you are going through a divorce, were never married to your child’s other parent or need to modify an existing custody order, the attorneys at Michael D. Barber & Associates are ready to help. To discuss your case with us in a free initial consultation, call us in Atlanta at 404-334-2818 or send us an email.