Yes, you can get sole custody in Georgia. However, if you want to seek sole custody of your child, it is essential to understand how the law handles sole custody. Custody battles can be emotionally taxing and legally complex, making it crucial to navigate them with the right knowledge and support.
What goes into custody decisions in the state of Georgia?
In Georgia, the court’s focus when making custody decisions is best interests of the child. The court may consider many different aspects of a child’s life, including:
- The child’s needs: The court evaluates the emotional, educational and physical needs of the child and how each parent can meet these needs.
- Parental capability: This includes assessing each parent’s ability to care for the child, including their physical and mental health.
- Parent-child relationship: The quality of the relationship between the child and each parent is crucial. The court examines the emotional ties and the parent’s involvement in the child’s life.
- Stability: The court looks at the stability of each parent’s home environment and their ability to provide a secure and stable upbringing and help the child maintain strong relationships with the significant people in their life.
- Child’s preference: If the child is of a certain age and maturity, the court may consider their preference, although it is not the sole determining factor.
These details about a child’s life are the foundation of every custody decision made by the court.
When might a parent get sole custody?
In Georgia, custody decisions involve two different types of custody: legal and physical. A parent with legal custody gets to make decisions about a child’s education, healthcare, religious upbringing and other major aspects of their life. A parent with physical custody provides daily care in their home. Parents may share one or both types of custody, or one parent may have both sole physical custody and sole legal custody.
Georgia courts typically favor arrangements that allow the child to maintain a strong relationship with both parents. As a result, they do not grant sole custody often. However, sole custody may become necessary in some situations:
- Abuse or neglect: Evidence of physical, emotional or sexual abuse or severe neglect by one parent.
- Substance abuse: Documented issues of alcohol or drug dependency that impair a parent’s ability to care for the child.
- Incarceration: If one parent is incarcerated for a lengthy period.
- Absence or abandonment: When one parent is absent from the child’s life or has abandoned the family.
- Mental health issues: Severe mental health issues that prevent a parent from caring for the child safely.
How can you pursue sole custody?
If you believe that sole custody would be best for your child, you should seek legal counsel to understand your rights and responsibilities. An experienced family law attorney can provide guidance tailored to your specific circumstances and help you build a legal strategy.
Your attorney can also help you collect evidence that supports your case for sole custody. This may include documentation of your involvement in the child’s life, stable living conditions, and any evidence of the other parent’s inability to provide a safe environment. Be prepared to present your case clearly and effectively, highlighting why sole custody is in the best interest of the child.
To initiate the process, you must file a petition for custody in the appropriate Georgia court. You may have to attend mediation sessions to try to reach an agreement outside of court. If mediation fails, your case will go to court, where a judge will make the final decision.
Securing sole custody can be a challenging journey. However, with the right preparation and legal support from a family law attorney, you can fight for a custody arrangement that protects and supports your child. Reach out to our firm to learn more about your legal options.
