For the most part,
legal and physical custody are very important elements of child custody. Courts
usually prefer joint custody but due to practical problems and in child custody disputes physical custody is sometimes awarded to a single
parent even when they enjoy joint legal custody.
This happens when the
parents do not live close by and therefore sharing physical custody is not a
practical solution. However, the court often prefers joint legal and physical
custody in the best interests of the children and divorce lawyers in Atlanta,
GA know this firsthand.
This is because a child
should be around a mother and a father. A child, according to evolution and the
history of humankind, is better off when a child is raised by an adult man and
woman who are mature and responsible. This goes back to Adam and Eve and it has
proven to work in almost all cases throughout millennia.
Defining Legal Custody
Legal custody is when a
parent is given the right to make decisions for their kids through a court
order. The parent who gets legal custody can make decisions for the well-being
of the kids. They can select schools and identify coaching classes to provide
them with academic aid. They can also select training schools to hone their
extracurricular talents (playing the piano, playing baseball or soccer, and so
on) and determine treatments they receive when they are ill. Moreover, they can
also help the kids get psychological counseling.
In many child custody issues following a divorce, judges tend to grant joint legal custody. This means
that both the parents can share the responsibility of making decisions for
their kid’s best interests. If the parents share a cordial relationship after
their divorce, judges and Central Georgia divorce attorneys advocate this type
of arrangement.
Even when parents share
joint custody often a single parent becomes a primary caregiver and makes all
the important decisions involving the child. While the other patent has the
right to voice his/her opinion, the primary caregiver makes most decisions on
her/his own. This type of arrangement is willingly agreed to by both parents.
However, joint legal
custody does not work when parents are at loggerheads with one another. The
arrangement fails when their hostility prevents them from reaching an agreement
on trivial issues. This is when courts believe that a single parent must get
the sole custody and take steps in that direction.
According to Atlanta GA
divorce lawyers, other reasons for sole custody are:
- If a parent is abusive and neglectful
- Lives far away
- If the parent shows no interest in rearing the child which is sad and pathetic but in some cases it may make sense, either way, one parent will then have primary or sole custody
Where would the child reside after the divorce? This
important question is answered in a physical custody order. Often a single
parent gets physical custody. In certain states a parent who is granted
physical custody can take the child to another city permanently. Move away situations in child custody cases can be prevented by the other parent through a
petition with assistance from a divorce legal professional.
Here the plaintiff’s lawyer will have to prove that this move
is against the best interest of the child and Georgia divorce lawyers.
As long as it is
feasible, judges encourage joint physical custody. It is widely believed that
this type of arrangement benefits the kids since they can have a normal
relationship with both parents. But the system works when both parents live in
the same area or in an area close by. Furthermore, if the parents have a
hostile attitude then the joint physical custody solution isn’t a viable avenue
to take. Here too a parent might express reservations for this system. If this
is the case the judge might ask them to explain their concerns.
No one wants to listen
to a shouting match. Have you seen the beginning of The Wedding Crashers?
Is your marriage
winding down? Are the sparks in the air no longer visible? You probably need
legal help. You need an Atlanta, GA divorce lawyer. You certainly do not want
to take their abuse without a credible witness by your side. Go right here http://divorce.usattorneys.com/georgia
to find that legal representative that can make or break your year, and perhaps
life in some ways.
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