Child CustodyWe are a bilingual firm passionate about helping our clients.
Child Custody Attorney in Cumming, GA
Serving North Georgia and the Greater Atlanta Area
Joint custody is where both parents share parental rights and the living arrangements of their child. Usually courts prefer joint custody, but sole custody, which means only one parent or guardian has the physical and legal custody over a child, is a possible.
Physical custody refers to sharing a home with a child and handling his or her day-to-day care. Legal custody refers to the right to make important decisions on your child’s behalf, including those related to health care, religion, and education. Shall you require the help of a child custody attorney in Cumming, The MoCormick Law Firm can help.
How Do I Get Custody of My Child?
Family courts determine child custody arrangements based on what is in the best interests of the child. The courts considers various factors in making this determination, such as the parents’ desire and ability to care for the child, the emotional bond between the child and both parents, the adjustment needed if the child has to move to a new area, and, if old enough, the child’s wishes.
Sometimes, parents or other adults, who have raised a child, will be required by the court to take part in mediation. In mediation, you can discuss what you want, any problems you’ve had exchanging the child from one home to the next, and anything else that’s relevant to the situation.
Note: If there was domestic violence in your relationship with the other parent, you may be able to skip mediation.
Need Help With Child Custody Problems?
When a parent keeps a child when it’s not his or her turn to care for the child, big problems follow. When a parent claims a child on their taxes after, but the other parent claimed the child, there is trouble. Stop paying child support, is never the answer, but people do it everyday. A child custody modification might be the best to do.
Do You Need To Hire a Child Custody Lawyer or Visitation Lawyer?
Child Custody lawyers are very helpful, especially if facing court. Going to court is always emotional, it is difficult to keep calm under emotional pressure. Each side making their argument and attempting to persuade the court.
In court there is usually a lot to deal with, things you need to tell the judge, and a great lawyer can help insure that your points are heard and that nothing is missed in the process. The attorney will fight for your rights as a parent, making it more likely you get the custody and visitation agreement you and your child want.
Child Custody and Child Support Modification, and Child Support Enforcement
Child Custody and Child Support do not change unless a Judge modifies the current order. If either parent experiences a significant change in circumstances, Cumming attorney Chris McCormick can guide you through the proper legal process to modify your current situation.
What is Physical Custody
One parent gets primary physical custody and the other parent gets the right to have the child for certain specific periods (called secondary physical custody). However, it is possible that the Judge will divide parenting time equally.
What is Legal Custody
Decision-making authority over education, healthcare, religious upbringing, and extracurricular activities. It is possible that parents can get equal decision-making, called joint legal custody, even when one parent gets primary physical custody.
In Georgia you can continue to reside together in the same marital home and be considered "separated". Georgia only requires that the parties are in a "bonafide state of separation", regardless as to whether they continued to reside in the same marital residence.
Divorce in Georgia can take as little as thirty-one (31) days from the date of filing the divorce action, by signing a "Consent To Trial". This is only for "uncontested divorces", through a "Settlement Agreement" resolving all the issues pertaining to division of assets/property, marital debts, minor children, and so forth. However, when the divorce contested; however, the parties will, no doubt, engage in discovery to determine assets, debts, etc., prior to having a final hearing. Discovery could take up to six months from the date the Defendant files his/her answer.
Discovery includes interrogatories (questions that must be answered under oath), "requests for production of documents" or "notice to produce" which require the parties to turn over certain documents pertaining to property, finances, debts, investments, employment, etc. Discovery may also include depositions in which a party is required to testify under oath with all questions and testimony being taken down (typed) by a court reporter.
Note: During the discovery period, phone records, social media accounts (i.e., Facebook, Twitter, etc.), text messages, e-mail, are all fair game.
Mediation is available to mediate the issues of the divorce action. Some courts require that the divorcing parties go to mediation. A mediator is an independent, neutral party who listens to the concerns of each party and attempts to help them reach a resolution. If some issues just cannot be resolved in mediation, then a “mediation agreement” will be signed by the parties as to those issues that were resolved. The remaining unresolved issues will be determined by the Court at trial.