Carrollton Child Custody Lawyer

Experienced Child Custody Attorney in Carrollton, GA

A child custody arrangement can be one of the most impactful legal matters for you and your family. When going through this type of case, a Carrollton child custody lawyer can help you identify a child custody plan that protects the interests of your child, negotiate with the child’s other parent, and navigate Georgia’s child custody laws and legal proceedings.

Work With a Local Law Firm You Can Trust

At Christy E. Draper, LLC, we understand that every family has unique needs and circumstances. We take the time to fully understand your goals, so that we can help you work toward a child custody agreement that supports you and your child.

Attorney Christy E. Draper is a member of the Georgia Association for Women Lawyers and the Lawyers Club of Atlanta, among others. She opened her legal office in 2005 and has worked for decades to support families through family law and domestic law matters.

The Two Types of Child Custody

Georgia’s child custody laws divide child custody into two main types:

• Physical custody. Physical custody involves which parent the child lives with and who provides day-to-day care.
• Legal custody. Legal custody involves which parent has the authority to make decisions for the child or about the child’s life. This includes decisions regarding the child’s education, healthcare, extracurriculars, religious activities, and travel.

These two types may be sole custody of one parent, or shared jointly between parents, depending on what is in the child’s best interests. Joint custody is common in Georgia, especially for legal custody. While physical custody is often shared, it is still common for one parent to have primary physical custody. In fact, dads in Georgia get only 23.5% of custody time, on average.

Factors the Court May Consider in a Child Custody Case

When you go to court for a child custody case in Carrollton, a judge at the Carroll County Courthouse on 311 Newnan St. is evaluating your case to determine what custody arrangement is in the best interests of your child. Being in the child’s best interests means providing a safe, stable, and supportive environment for the child to live and develop.

Some of the factors the court looks at when deciding what outcome is in the best interests of the child include:

• The emotional ties between the child and both parents
• Whether there is any evidence of violence, child abuse or neglect, substance abuse, or other threats to the child’s safety
• How long the child has lived in their current home
• The child’s involvement in their educational, social, and extracurricular activities
• The physical and mental health of both parents 
• The ability of both parents to communicate and co-parent with each other

Furthermore, a child has the ability to decide which parent they want to live with once they turn 14. If they are between 11 and 14, the judge can take into account their desires, though the judge still retains full control over the case outcome.

Why You Should Hire a Child Custody Lawyer

Child custody cases are deeply individual, involving unique circumstances, family structures, priorities, and concerns. One of the most common reasons for families to work with a Carrollton child custody attorney is divorce. The divorce rate in Georgia is 8.7 divorces per 1,000 women, with many divorces involving children. However, births to unmarried mothers, changes in family circumstances, remarriage, and more can all create the need for an updated custody arrangement.

Working with a Carrollton child custody lawyer can be greatly beneficial during a case. They can:

• Explain the relevant child custody laws and legal procedures
• Help you file the appropriate documents with the court
• Gather evidence to support your case
• Facilitate negotiations with the child’s other parent
• Suggest potential child custody arrangements tailored to your unique case
• Represent you in hearings

FAQs

What Is the Biggest Mistake in a Custody Battle?

The biggest mistake in a custody battle is allowing your own preferences, experiences, and emotions to get in the way of what is in the best interests of your child. Ultimately, the outcome of a child custody case depends on the child’s best interests. Allowing your personal preferences, feelings towards the child’s other parent, or emotions to impact your legal strategy may lead to negative outcomes.

What Makes You Unfit for Custody of a Child in Georgia?

In Georgia, you can be deemed unfit for custody of a child if there is clear evidence to show that you cannot properly care for the child. This may include evidence of child abuse, neglect, domestic violence, family violence, or severe mental or physical health issues. If you believe that another party is unfit, or someone alleges that you are unfit, you should hire a child custody lawyer who can evaluate their evidence and create a strong legal strategy.

Is Georgia a 50/50 Custody State?

No, Georgia is not a 50/50 custody state. This means that the child custody laws do not favor or automatically prescribe a 50/50 child custody arrangement. Instead, each case is evaluated on its own merits, and an outcome is decided based on what is in the best interests of the child. Often, this means an unequal custody split that works better with the child’s developmental needs and schedule. Other times, it may be a 50/50 split.

Does a Father Have Custody Rights If the Parents Were Unmarried When the Child Was Born?

No, in Georgia, a father does not have custody rights if a child was born out of wedlock. To claim custody rights, or to be held accountable for the care of the child, a legitimation action must first be filed with the court, which can legally establish the father’s legal rights and responsibilities. This is important to understand in Georgia, where 46.0% of all live births are to unmarried mothers.

Learn How a Carrollton Child Custody Attorney Can Help

Child custody cases can feel stressful, overwhelming, and confusing. If you are ready to find clarity and guidance during a child custody case, contact Christy E. Draper, LLC.