What Types of Custody Arrangements Are There?

When parents divorce or separate, a determination of custody must be made. Since both parents in a marriage have a right to custody, this determination can be challenging. The primary caretaker of the child will not automatically get sole custody in these cases. Georgia family law courts try to make custody determinations that will protect the safety and well being of the child, and in some cases this means both parents have custody rights.

There are two main determinations of custody that can be made in a Georgia custody case: sole or joint custody. In cases where the health, safety, and well being of the child may be put at risk when in the care of one parent, sole custody may be awarded to the other parent. In this scenario, the parent without sole custody may or may not be granted visitation rights. Joint custody is typically denied in cases where it would not be in the best interest of the child for both parents to have custody. It is important to note here that this is regarding legal custody, or the rights to decision-making and legal authority a parent in custody has. Physical custody is who the child will spend his or her time with, and, in many cases, both parents will have that right. It is possible for a parent to have physical custody of their child, in the form of scheduled residential time, but not have the decision making rights that legal custody would grant them. In many custody cases, both parents will have legal and physical custody. However, if you feel your child’s health, safety, and well being may be at risk with a joint custody arrangement, you may want to raise this concern with an experienced family law attorney who can advise you on how to ensure your child’s safety is preserved.

Georgia custody cases can be complex. The judge will consider many factors in determining custody, but his or her determination will always be in the best interest of the child. Speak with an experienced Georgia family law attorney if you have any questions about custody. An experienced attorney will be able to help ensure your custody arrangement looks out for your child’s best interests.

Are you in the greater Roswell area and have questions or concerns about custody? Attorney Thomas C. Rowsey, P.C. is experienced in family law matters and will work hard to ensure your custody arrangement looks out for your child’s best interests. Based in historic Roswell, GA, Thomas C. Rowsey Attorneys at Law serves those across the greater Atlanta metropolitan area including Roswell, Alpharetta, Marietta, Milton, Johns Creek, Cumming and Sandy Springs. Contact our office today at (770) 993-5317 or fill out our online form to schedule a free consultation. Offering expert legal counsel in personal injury, criminal defense and family law, Thomas C. Rowsey Attorneys at Law are here to help.