Child Custody

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    One of the most stressful and difficult aspects of a divorce is child custody. It often becomes the central focus and source of dispute during a divorce, which can be detrimental to the child’s well-being. In these situations, it’s important to avoid putting a child in the middle of a dispute.

    Our attorneys will fight for the best interest of your children.

    Call us at 478-621-4995.

    The attorneys at Bushway & Waystack are parents and understand how difficult this situation can be. Your children are an important part in your life and we want to help you protect them and your relationship with them.

    Custody in Georgia is broken down into two categories: legal and physical.

    Legal Custody

    Legal custody determines which parent will make major decisions regarding the child’s life. Decisions about education, religion, and medical care are based on legal custody. Legal custody may be granted to one or both parents.

    Physical Custody

    Physical custody determines where the child will reside. Joint physical custody can be granted but is rare. By living in two different places, a child’s daily life can be disrupted and inconsistent. Typically, when one parent is granted sole physical custody, the other will have visitation rights.

    How Child Custody is Determined

    When determining child custody, Georgia courts keep one primary question in mind: What is best for the child? Numerous factors may be considered when determining which parent will provide the most suitable and stable living environment:

    Ability to Care for the Child: The primary determining factor is undoubtedly which parent can better care for and nurture the child. This may draw on factors such as lifestyle, living situation, who the primary caregiver has been in the past, and emotional compatibility.

    Age & Gender of the Child: Although not as much of a deciding factor as they once were, age and gender can play a role in determining custody. Children over the age of 14 may express which parent they desire to live with.

    Criminal History/History of Abuse: Any criminal history or history of abuse, domestic or otherwise, can play a major role in determining the custodial parent.

    Parental Involvement: A parent’s involvement in the child’s schooling, extracurricular activities, and life may also be considered by the court.

    The attorneys at Bushway & Waystack are highly experienced with child custody cases and provide expert advice to both mothers and fathers who are going through this difficult time. We are committed to protecting your rights and fighting for the best interest of your child.

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