Have you ever wondered what the essential points of a custody agreement in Georgia are? If that’s your case, this blog is for you.
If you’re going through a divorce, you should keep in mind that one of the most critical aspects to consider is child custody.
A custody agreement in Georgia defines how the time spent with the child will be managed, the responsibilities for their proper development, and the decision-making that affects their growth.
These agreements are crucial to ensure that both parties are clear about their roles and responsibilities, and above all, that the child’s well-being is protected.
With this in mind, we want to explain the essential points of a custody agreement in Georgia so you can reach a satisfactory agreement.
Types of custody in Georgia
Before diving into the essential points of a custody agreement in Georgia, it’s important to understand the recognized types of custody and those you have access to.
Legal custody
Legal custody grants one or both parents the right to make important decisions regarding the child’s life, such as their education, health, and well-being. This type of custody can be shared or granted to just one parent.
Physical custody
Physical custody refers to who the child will live with. Like legal custody, this can be shared, where both parents split the time spent with the child, or sole, where the child primarily lives with one parent.
If you want to learn more about this topic, we invite you to read our related article here.
Essential points of a custody agreement in Georgia
A good custody agreement must be clear and detailed, covering essential aspects that help prevent misunderstandings between parents.
Visitation schedules and timing
This is one of the essential points of a custody agreement in Georgia that must be carefully considered to avoid future misunderstandings.
It is very important that during the agreement process, a clear, detailed, and precise schedule is established regarding the days and times each parent will spend with the child.
It is also crucial that this schedule clearly outlines how custody time will be handled during vacation periods, weekends, holidays, and special celebrations.
An agreement that details these times is a guarantee for both parties that their rights will not be violated, they will be able to spend quality time with their children, and future problems will be avoided.
Communication and important decisions
It is essential to establish how important decisions regarding the child’s well-being will be made. This can include decisions about education, medical care, and extracurricular activities.
We know it’s difficult, but regular communication with your ex-partner is key to ensure that decisions are made in the child’s best interest.
Education and extracurricular activities
Another essential point of a custody agreement in Georgia pertains to education the children will receive.
It is important to address how decisions about the child’s education will be made, such as the choice of school or any special educational needs.
Additionally, the agreement should specify who will be responsible for enrolling the child in extracurricular activities, how transportation will be managed, and who will pay for these activities.
Mandatory parenting plan in Georgia
In the state of Georgia, any child custody case must include a parenting plan that is submitted to the court.
This document is essential because it outlines how the parents will share physical and legal custody of their children and defines each parent’s responsibilities.
Additionally, the plan addresses how disagreements between the parents will be managed to ensure that decisions are made effectively and in the child’s best interest.
An effective parenting plan should be detailed and cover all important aspects of raising the child, from education to medical decisions. The clearer and more specific it is, the less likely misunderstandings will occur in the future.
Factors courts consider when determining custody
In Georgia, courts consider several factors to determine the most appropriate custody arrangement.
The child's well-being
The court always prioritizes the child’s well-being when making custody decisions. This includes assessing emotional stability, living environment, and each parent’s ability to provide proper care.
Parental relationship
The ability of the parents to communicate and cooperate is another key factor. If one parent shows a pattern of non-cooperation or prevents the other parent from accessing the child, this could negatively impact the court’s decision.
Child's preference
In some cases, the court may take into account the child’s opinion regarding which parent they prefer to live with.
In the state of Georgia, children over the age of 14 have the right to choose which parent to live with. However, this choice is not absolute, as the family judge will evaluate all aspects of the agreement to make the decision that best protects the child’s rights.
Modifications to the custody agreement
Custody agreements can be modified as long as it is proven that conditions have changed and this adjustment is required to ensure the protection and well-being of the children.
When is it necessary to modify the agreement
A custody agreement can be modified if there has been a significant change in circumstances, such as a move, a change in one parent’s employment, or the need to adjust the child’s schedule to new activities.
Process for requesting a modification
In Georgia, a modification can be requested every two years, or sooner if there is a significant change in circumstances. It is recommended to seek legal advice to guide this process and ensure compliance with legal requirements.
If you want to know more about this topic, we invite you to read our related article here.
Recommendations for creating a solid custody agreement
Legal aspects that should not be ignored
It is essential that the custody agreement complies with all Georgia laws and is tailored to the specific needs of the family. Remember to be specific in the clauses to avoid misunderstandings and potential custody-related conflicts.
Include contingency clauses
It is always helpful to include clauses that address unforeseen situations, such as one parent moving or changes in the child’s needs.
In conclusion
A custody agreement in Georgia must be detailed, fair, and always prioritize the child’s well-being.
In addition to meeting legal requirements, it is vital for parents to maintain open communication and be willing to cooperate for the benefit of their children. While it can be a complicated process, having a specialized lawyer and using tools like mediation can improve the process.
It is also advisable to include contingency plans and seek legal support to ensure that the agreement is solid and complies with Georgia laws.
At The Law Office of Caroline Pineres, we can offer you comprehensive advice and representation during your separation and legal custody process.
We focus on protecting your rights and your family’s, and reaching fair custody agreements.
If you need help, call us at 1-770-956-9961 | 1-404-920-4746 and schedule a consultation to work on your case.
