Child Custody

DeKalb County Child Custody Lawyers

Protecting Your Time with Your Children Is Critical

Child custody is one of the most challenging issues to address in divorce. Before a Georgia divorce can be granted, spouses must agree on a parenting plan for child custody and visitation. If parents cannot agree, the court will make that determination. The best way to avoid the emotional fallout of a contentious child custody battle is to consult an experienced family law attorney.

For over 30 years, E.N. Banks-Ware Law Firm has represented clients facing child custody issues. During this time, Georgia child custody laws have evolved and now recognize that children can benefit from having the guidance and support of both parents. Our objective is to help you preserve the bonds with your children, protect your interests as a parent, and devise the best solution for your family.

Request a confidential consultation with a DeKalb County child custody attorney at E.N. Banks-Ware Law Firm by phone at (470) 523-3135. Or contact us online to get started. We serve parents in Lithonia and throughout Atlanta Metro.

Child Custody in Atlanta

Georgia, like most states, has two types of custody:

Legal custody: this involves the right of each parent to make decisions for the child, such as education, health care, religious upbringing, and extracurricular activities
Physical custody: this determines which parent the child will live with and the parenting time/visitation rights of the other parent

Georgia courts prefer to award joint legal custody unless circumstances make a parent incapable of handling custodial responsibilities. The court may consider a parent with a history of alcohol or drug use unfit for child custody, for example, in which case sole legal custody may be awarded to the other parent.

Courts sometimes will not award joint physical custody for other reasons. Often, joint custody may not be practical, particularly when parents do not live near one another or because a parent has a problematic work schedule. Because of this, it is critically important for parents to work together to agree on a parenting plan that best suits their situation.

Understanding Child Custody in DeKalb County

Navigating child custody matters in DeKalb County can be particularly challenging, especially for parents in cities like Lithonia and throughout the Atlanta Metro area. Local resources, such as the DeKalb County Superior Court, provide essential information on custody laws and procedures, but understanding how these laws apply to your unique situation is crucial. Many parents face the stress of balancing work commitments and parenting responsibilities, which can complicate custody arrangements. This is where having a knowledgeable attorney can make a significant difference.

In DeKalb County, the court system emphasizes the importance of both parents being involved in their children's lives. However, logistical issues such as distance between residences or conflicting work schedules can create obstacles to achieving a fair custody arrangement. Local parents often express concerns about how to maintain a healthy co-parenting relationship while ensuring their children's needs are met. By working collaboratively and focusing on the best interests of the child, parents can often find solutions that work for everyone involved.

Commonly Asked Questions

What factors do Georgia courts consider when determining child custody arrangements?

In Georgia, courts evaluate several factors when deciding on child custody arrangements. These include the emotional ties between the child and each parent, the parents' ability to provide for the child's needs, the child's adjustment to home, school, and community, and the mental and physical health of all parties involved. Additionally, the court will consider the parents' work schedules and the distance between their residences, as these can impact the feasibility of joint custody. Ultimately, the goal is to determine what arrangement serves the best interests of the child.

How can I improve my chances of obtaining joint custody in DeKalb County?

To enhance your chances of securing joint custody in DeKalb County, it is essential to demonstrate your commitment to co-parenting and the well-being of your child. This includes maintaining open communication with the other parent, being flexible with visitation schedules, and actively participating in your child's life. Documenting your involvement in your child's education, healthcare, and extracurricular activities can also be beneficial. Consulting with a knowledgeable attorney can provide you with tailored strategies to present your case effectively in court.

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How Do Courts Determine Child Custody in Georgia?

If parents fail to reach a custody agreement, the court will decide based on the child's best interests.

Factors the court will consider in approving a parenting plan or making its determination include:

The child’s physical, emotional, religious, and social needs
The ability of each parent to meet the child’s needs
The love, bond, and emotional ties between the child and each parent
The importance of maintaining a stable environment and continuity of care
The willingness and ability of each parent to foster a continuing relationship between the other parent and the child

Additionally, children 14 or older can request which parent they prefer to live with, but the court ultimately decides.

Is Custody Granted 50/50?

This is a common custody question. In Georgia, a 50/50 custody split is not the norm. Even when the judge grants parents joint custody, it does not mean they will automatically have equal time with their children.

Judges must consider if splitting time equally between two homes is best. Often, it does not make sense to have a child spending half of their time with a parent who does not live near a child’s school, friends, or activities.

It is possible to get a 50/50 arrangement, but it must be shown that it is better for your child than another schedule.

Resolving Child Custody Disputes

While child custody disputes are typically associated with divorce proceedings, unmarried parents may also need assistance in resolving child custody issues. Regardless of your situation, it takes a skilled child custody attorney to listen to your concerns and help you find the best solution.

Backed by her extensive experience and certification in collaborative law, Attorney E. Noreen Banks-Ware is keenly aware that children can benefit from seeing their parents work together. She encourages families to find solutions through a negotiated settlement or mediation. By working closely with you and understanding your family dynamics, she can help craft a parenting agreement that works best for your family and meet the court’s approval.

Avoiding Parental Alienation

Custody battles are often contentious, and negative feelings between parents can carry over after the case is concluded. Sometimes, this leads to parental alienation, where one parent criticizes the other parent to negatively influence a child.

This adverse behavior can consist of a parent belittling or lying about the other parent to the child. Its purpose is to distance the child from the targeted parent. This can result in the child showing unjustified hostility or distrust of the targeted parent and not wanting to spend time with them. Parental alienators may also withhold a child from the other parent. This can cause serious emotional harm to children, as they can feel conflicted, depressed, guilty, or scared.

Stopping parental alienation is not easy, but for the child’s sake, it must be done.

To avoid parental alienation from the start, parents can practice modeling good behavior, such as:

Not criticizing the other parent to the child
Not withholding affection from the child
Not keeping the child from spending time with the other parent
Keeping negative thoughts about the other parent to yourself
Ensuring other family members do not express negative thoughts about the other parent
Planning ways to spend time as a family and making it a positive experience

If you think your child is a victim of parental alienation, we recommend that you speak with one of our attorneys to discuss your options.

Can Family Violence Charges Affect Custody?

Family violence charges can significantly impact child custody determinations. Courts prioritize the safety and well-being of the child, and any history of domestic violence is considered when deciding custody arrangements.

If a parent is found to have a history of abusive behavior, the court may limit or revoke their custody and visitation rights to protect the child. Our firm provides robust legal representation for the safety of children, which is paramount in these decisions.

Benefits of Crafting a Parenting Plan

A well-crafted parenting plan can be crucial in ensuring the child's best interests are met while minimizing conflict between parents.

Benefits include:

Clarity and structure: A detailed plan outlines parenting time, decision-making responsibilities, and conflict resolution strategies, providing a clear framework that reduces misunderstandings.
Consistency and stability: Children thrive on routine, and a parenting plan gives them a consistent schedule, whether it relates to school, extracurricular activities, or holidays.
Reduced conflict: Parents can reduce disputes and focus on cooperative co-parenting with a predefined plan.
Flexibility: A parenting plan can be customized to accommodate the family's unique needs and can be adjusted as circumstances change.

Grandparents’ Rights in Georgia

Georgia law recognizes the importance of the relationship between a grandparent and a child. Grandparents can play an integral role in a child's life, and under certain conditions, they may have legal rights to visitation or even custody.

Courts will consider several factors in grandparents’ rights cases, including the child's best interests, the previous relationship between the grandparent and the child, and the parents' wishes. Our attorneys are well-versed in advocating for grandparents' rights when it prioritizes the child's well-being.

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Our Commitment to Your Family

What Sets E.N. Banks-Ware Law Firm Apart?

Integrity and Trust
We prioritize integrity and trust in all our interactions, fostering a transparent and honest relationship with our clients to help them navigate their legal challenges confidently.
Personalized Solutions
Every family is unique, and so are their legal needs. We provide personalized legal solutions tailored to fit the specific circumstances of your case.
Expert Advocacy
With extensive experience in family law, we offer expert advocacy to protect your rights and interests, ensuring the best possible outcomes for you and your family.
Compassionate Support
We understand that family legal matters can be emotionally challenging. Our team is dedicated to providing compassionate support and guidance every step of the way.

Defending Custodial Parents

For custodial parents, defending your custody rights is paramount. Whether addressing accusations from the non-custodial parent or ensuring compliance with court-mandated arrangements, our team provides the necessary support and experience. We focus on maintaining stability for your child and safeguarding your parental rights through steadfast representation and strategic defense.

Modification of Custody

In some cases, parents may need to request a modification of the child custody order or agreement due to a significant change in their life circumstances or those of the child.

To grant a modification, the court must be shown a material change in parental circumstances, such as:

A parent seeks to relocate to a distant community or out of state.
A parent is failing to adhere to the terms of the custody order.
Allegations of child abuse or substance abuse have been made.

Need Help with Custody in Atlanta? Call Today.

Going through a divorce can be a painful experience for a family, and children are often caught in the middle of a contentious marital breakup. You can protect your parental interests and children’s well-being by working with an empathic family law attorney.

After 30+ years on the frontlines of child custody battles, attorney E. Noreen Banks-Ware is keenly aware that children have rights and deserve our protection.

Whether you are involved in a highly contested divorce, are an unmarried couple seeking to establish paternity and custody rights, or are a grandparent seeking visitation rights, we can help. Our legal team can provide you with the advice and support you need to make optimum decisions for yourself, your family, and your children.

If you are involved in a dispute, contact our office online today or call (470) 523-3135 to discuss your situation with a DeKalb County child custody attorney.

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