DeKalb County Child Custody Lawyers

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 involves the right of each parent to make decisions for the child, such as education, health care, religious upbringing, and extracurricular activities. Physical custody 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. Courts sometimes will not award joint physical custody for other reasons, such as when parents do not live near one another or a parent has a problematic work schedule.

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. In DeKalb County, the court system emphasizes the importance of both parents being involved in their children’s lives. By working collaboratively and focusing on the best interests of the child, parents can often find solutions that work for everyone involved.

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 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; and 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?

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. 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. 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.

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 can result in the child showing unjustified hostility or distrust of the targeted parent. To avoid parental alienation, parents can practice modeling good behavior such as not criticizing the other parent to the child, not withholding affection, not keeping the child from spending time with the other parent, keeping negative thoughts to yourself, ensuring other family members do not express negative thoughts, and planning ways to spend time as a family.

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.

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, consistency and stability, reduced conflict, and flexibility. A detailed plan outlines parenting time, decision-making responsibilities, and conflict resolution strategies.

Grandparents’ Rights in Georgia

Georgia law recognizes the importance of the relationship between a grandparent and a child. Under certain conditions, grandparents may have legal rights to visitation or even custody. Courts will consider several factors including the child’s best interests, the previous relationship between the grandparent and the child, and the parents’ wishes.

Modification of Custody

In some cases, parents may need to request a modification of the child custody order due to a significant change in circumstances. To grant a modification, the court must be shown a material change in parental circumstances, such as a parent seeking to relocate, a parent failing to adhere to the terms of the custody order, or allegations of child abuse or substance abuse.

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. You can protect your parental interests and children’s well-being by working with an empathic family law attorney. 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. Contact our office online today or call (470) 523-3135 to discuss your situation with a DeKalb County child custody attorney.