Child custody is one of the most challenging legal issues to deal with. There is nothing more important than making sure your kids are in a loving and safe environment. Thus, it’s crucial to work with a family attorney who is familiar with Georgia’s child custody laws and can help you achieve the most favorable outcome for you and your kids. When the residents of Toccoa, GA, need a legal professional they can trust with such a sensitive matter, they turn to NMS Law Firm. Attorney Nina M. Svoren has been providing effective counsel and representation for complex domestic conflicts for more than 25 years. Though every case is different, below is the general process of a child custody case.

Family Attorney Explains How Child Custody Decisions Are Made in Georgia

Parenting Plans

In Georgia, all child custody cases are required to have a parenting plan. If you can agree on a custody and visitation schedule with your children’s other parent, you may file a joint plan outlining how time should be divided and how decisions regarding the children’s welfare should be made. If you can’t reach an agreement, you will have to submit separate plans. Proposed parenting plans are considered by the judge when determining the best interests of the children. A family attorney can help you draft a suitable document.

Best Interests of the Child

In the event both parties can’t agree on custody, your case will be turned over to the family law court where a judge will carefully consider many factors to decide what’s in the best interests of the children. These factors include each parent’s living space and ability to provide for the basic needs of the kids, each parent’s physical and mental health, the relationship between the children and each parent, each parent’s willingness to foster a healthy relationship with the other parent, and any history of substance or domestic abuse.

Role of a Guardian ad Litem

In some cases, a guardian ad litem will be appointed to spend time with the family and get to know details about the children’s upbringing before making a custody recommendation based on their findings. This third party will represent the interests of the children, and their suggestion is another element that may be taken into consideration by the judge.  

Child’s Custodial Preference

If you have children who are at least 11 years old, they will be allowed to tell the court which parent they prefer to live with. The judge may keep this in mind but doesn’t have to base their decision on it. At age 14, a child’s custodial preference will be honored by the court unless the judge has reason to believe their choice is not in their best interest.

If you are seeking child custody, you can trust the family attorney at NMS Law Firm to educate you on all the state laws that could affect your case. Together, you will prepare a compelling argument that shows why you should be the primary caregiver for your kids. Contact the practice at (706) 282-4696, or visit the website for more information.