Expertise

CHILD CUSTODY & SUPPORT ATHENS

Child Support

Child support can be a stressful and contentious topic for divorcing parents. In Georgia, both parents have a responsibility to provide for their minor children's welfare until that child turns 18, marries, dies, or becomes emancipated, whichever occurs first. Child support is a way to ensure that both parents continue to meet this responsibility after divorce or the end of their relationship. Obtaining child support is not an easy task. Hiring an experienced family law attorney can relieve some of the stress of obtaining a child support order and guide you to ensure your child's welfare.  Contact us at (706) 504-9088 for more information or to schedule a consultation.


Calculating Child Support

Child support is calculated by considering both parent's gross income. Gross income has a broad definition and encompasses salary and income from any other source. Once the monthly gross income for each parent is determined, the two incomes are added together to get a combined adjusted income amount. A Child Support Obligation Table is then used to get the basic child support obligation. That basic child support obligation is then applied to each parent's proportionate share of the combined adjusted income. The costs of medical insurance and work-related childcare will modify the amount of child support by providing credit for those costs to the parent who is actually paying those expenses. In addition, the court may deviate from the child support amounts for extraordinary educational, medical, or special expenses for extracurricular activities, summer camps, or any other appropriate deviation. The court will also designate what percentage each parent will pay for the child's uncovered medical and dental expenses.

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Child Custody

If children are part of the divorce, child custody can be one of the most complex and contested issues you will face. Working out a parenting agreement that covers child custody and visitation can be difficult, especially when there is animosity and high emotions between the spouses. Georgia applies a "best interests of the child" standard when determining custody. Neither parent is automatically entitled to custody. The judge will consider many factors when deciding custody and will often make decisions that encourage parents to share custody due to the important role that both parents play in the lives of their children. However, all decisions regarding child custody must be in the best interest of the child.


Going to court for anything can be emotionally draining, but for issues involving your child, it can be extremely difficult to keep calm and ensure that you cover everything you need to tell the judge. With an experienced family law attorney advocating for your parental rights, you are more likely to get the custody and visitation agreement you and your child want. (Continued)

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Child Custody (continued)


Types of Custody

There are two types of custody, physical custody and legal custody. Physical custody concerns with which parent the child will live with primarily. Legal custody concerns decision making authority on various matters concerning the child's upbringing such as religion, education, extracurricular activities, and medical decisions. 


The court may award joint or sole custody in either physical and/or legal custody. Joint physical custody arrangements custody is shared by the parents in such a way as to assure the child has substantially equal time and contact with both parents. Joint legal custody means that both parents have equal rights and responsibilities for major decisions concerning the child with one parent having final decision-making authority for each of the major decision areas: medical, education, extracurricular, and religion.


Determining Child Custody

A judge will determine child custody based on what is in the best interest of the child. That is decided by looking at various factors, such as:


  • parent's desire and ability to care for the child
  • emotional bond between the child and both parents
  • willingness and ability of each parent to facilitate and encourage a close continuing parent-child relationship with the other parent
  • parent's knowledge and familiarity with the needs and routine of the child
  • the type of home environment that the parent can provide
  • parent's involvement in the child's educational and extracurricular activities
  • the parent's past performance and abilities for future performance of parenting responsibilities


If the child is more than 14 years of age, the judge can consider the choice of the child for custody, however, the choice is presumptive and must be determined to be in the best interests of the child. If the best interest of the child are not readily apparent, the court may appoint a guardian ad litem, to represent the best interests of the child. The guardian ad litem will obtain custody and psychological evaluations and provide guidance to the court as to the best interests of the child.


Visitation & Parenting Plans

The court considers it important for a child to maintain relationships with both parents and visitation rights are often awarded to the parent who does not have physical custody of the child. A parenting plan will have to be put in place that will cover in detail who will make decisions concerning medical care, education, extracurricular activities, and religion. The plan will also detail logistical issues such as where the child will be during holidays and birthdays, transportation to and from visitation with the other parent, vacations and school breaks, and how the parents will resolve disagreements on decision making.

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