Child Custody & Visitation

Child Custody Attorney in Augusta, GA

Navigating child custody matters in Augusta, GA, can be a complex and emotionally challenging process. At Davis, Chapman, & Wilder, we specialize in providing comprehensive legal support to protect your rights and ensure the best interests of your children are prioritized. Don't wait— click here or call us today at 706-200-1578.

How to Get Full Custody of a Child

Full custody means that one parent is granted primary care and decision-making authority for the child. The court will consider several factors before making this determination, including the child’s well-being, each parent's relationship with the child, and the child's best interests.

In Georgia, family courts will prioritize maintaining the child's relationship with both parents, unless there are concerns regarding safety or neglect. If you are seeking full custody, it’s essential to provide clear evidence showing that it’s in the child’s best interest to live primarily with you. This could involve proof of your involvement in the child's life, such as attending medical appointments or school events, and your ability to provide a stable environment.

You’ll need to demonstrate that the other parent either cannot provide suitable care or poses a risk to the child’s safety, whether through neglect, substance abuse, or other issues. Having a solid case with documentation, such as medical records, witness testimony, or a history of instability on the other parent’s part, will be essential.

When to Consult a Child Custody Attorney

You should consult a child custody attorney early in the process. Whether you are beginning the custody battle or if you have already been through initial hearings, a family law professional can guide you through the legal process and help build your case.

It is particularly important to consult an attorney if the custody arrangement is contested, meaning both parents want primary custody or disagree on key issues like visitation or decision-making. Additionally, if there are allegations of abuse, neglect, or domestic violence, an attorney can help protect you and your child’s rights while ensuring the proper legal steps are followed.

A family law expert can also assist in cases where the other parent is refusing to follow court orders, including child care responsibilities or joint care agreements. In some situations, you may need to take immediate legal action to modify existing custody arrangements. This can be a complicated matter, and working with a child custody attorney can save you time and stress.

What Are the Possible Results?

1. Joint Custody
   In this arrangement, both parents share legal and physical custody of the child. Joint custody does not necessarily mean equal time with the child; it simply means both parents have the right to make decisions regarding the child’s upbringing, health, and education.
2. Sole Custody
   Sole custody means that one parent has primary legal and physical custody of the child. The other parent may still have visitation rights, but they do not have the authority to make major decisions about the child’s life. Sole custody is typically awarded when one parent is deemed unfit to care for the child or there are concerns for the child’s safety.
3. Visitation Rights
   Even if one parent has primary custody, the other parent may still be granted visitation rights. These rights could be structured to fit around the child's schedule and might include weekends, holidays, and school breaks.
4. Modification of Custody
   Custody arrangements are not always permanent. If circumstances change, a parent can petition the court to modify the existing agreement. This might happen if one parent moves out of state, there is a change in the child’s needs, or if a parent violates the terms of the existing order.

Common Steps in Child Custody Cases

• Filing for Custody: The process begins with filing a petition for custody in the GA family court.
• Service of Process: The other parent is formally notified of the custody petition.
• Response to Petition: The other parent has the opportunity to respond to the custody filing.
• Mediation or Negotiation: Often, parties are encouraged to reach an agreement through mediation or negotiation.
• Court Evaluation: If an agreement is not reached, the court may evaluate the case, considering various factors related to the child’s welfare.
• Custody Order: The judge will issue a custody order, outlining the custody arrangement and visitation schedule.

Top Considerations in GA Child Custody Cases

• Best Interests of the Child: This is the paramount consideration, involving factors like the child's age, health, emotional ties to each parent, and the parents' ability to care for the child.
• Parental Fitness: The court assesses each parent's ability to provide a stable, safe, and nurturing environment.
• Child’s Preference: Depending on the child’s age and maturity, their preference may be considered.

Benefits of Engaging a Law Firm for Child Custody

Working with a specialized law firm like Davis, Chapman, & Wilder offers significant advantages in child custody cases:

• Expert Legal Representation: Our experienced child custody lawyers in Augusta, GA, provide expert legal representation, ensuring your rights are protected throughout the process.
• Negotiation and Mediation Expertise: We help in negotiating fair and amicable custody arrangements that serve the best interests of your child.
• Guidance Through Complex Proceedings: We guide you through the complexities of GA's legal system, making the process less overwhelming.
• Advocacy for Your Child’s Best Interests: Our primary focus is on advocating for the best interests of your child in all custody-related decisions.

Other Frequently Asked Questions

How Long Do I Have to File?
The time you have to file a child custody case depends on the jurisdiction in which you live. In many cases, there are no strict deadlines, but it’s wise to file as soon as possible, particularly if there are concerns about the child’s well-being or safety. You should contact a child custody attorney to ensure you understand the filing timeline in your state.

Who Claims the Child on Taxes with 50/50 Custody?
When custody is shared equally (50/50), it’s common for the parents to alternate claiming the child as a dependent on their taxes. This could be based on an agreement between the parents or decided by the court. If no agreement exists, the court may determine who can claim the child. The IRS has specific rules on this, and a child custody attorney can help clarify your situation.

What If One Parent is Moving Out of State Without a Custody Agreement?
If one parent is planning to move out of state without a custody agreement, the other parent can file for an emergency custody order. Without a legal custody agreement in place, it’s essential to act quickly to prevent the relocation. Moving without the consent of the other parent or the court could result in legal complications.

Can You Sign Over Custody Without Going to Court?
You cannot legally "sign over" custody without court approval. Even if both parents agree on a new custody arrangement, it must be formalized through the court to be legally binding. Without court approval, the arrangement may not hold up in future legal proceedings.

Schedule a Consultation with Davis, Chapman, & Wilder

If you are facing a child custody matter in Augusta, GA, let Davis, Chapman, & Wilder be your trusted legal partner. We are committed to providing you with the support and guidance you need during this pivotal time. Visit us online or give us a call today at 706-200-1578.