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Joint Child Custody Options | Atlanta Divorce Laws

Scott Shaw | 796 Views | 10/19/2015

Joint Custody in Atlanta

In this video, I will be discussing the topic of what is joint custody in the state of Georgia. There are two kinds of custody of children in the state of Georgia, and they are legal custody and physical custody.

Legal custody is the power to make decisions for a child related to the child’s health and moral well-being, education, extracurricular, and religious upbringing. Physical custody is the power to have the child primarily reside with you.

Joint Legal Custody

Joint legal custody, or the shared power to make major decisions for a child, is routinely granted to parties in the state of Georgia, without the need to fight over it. The reason why it is awarded so easily, is because a usual language awarding joint legal custody is as follows: both parents shall discuss major decisions affecting their child’s health, education, extracurricular, religion, and moral upbringing. And if after discussion between the parties they do not agree, then mother shall have final decision making power. It is not real joint custody. If you want true joint custody, it is a big issue. So don’t settle for this language.

Joint Physical Custody

Now let’s move to physical custody, and specifically, joint physical custody. From vast experience and a reality check, if your case goes to trial, accepting a minority cases, the court is not going to award joint physical custody. The best way to get a real joint physical custody arraignment in Georgia, is to avoid a trial altogether if you can. Get a settlement agreement. If the other party won’t willingly settle, you have to give the other party reason to settle.

Reason To Settle

And the best way to give the other party reason to settle is to build a solid case that gives real reason to fear going to trial, meaning, even if you don’t necessarily want primary custody, but you just want joint custody, you often have to act as if you do want primary custody, in order to get a joint physical custody arraignment at settlement. Georgia’s courts these days are much more receptive to joint physical custody than they used to be. That is a custody arraignment is sometimes 50/50, and if not 50/50, then much more than the traditional every other weekend sort of arraignment that used to be so common.

Often parties settle for labels. They will say they have joint custody, just because they say they have joint legal custody without understanding the substance behind it. But it’s important to understand that joint custody does not mean what it says, and to understand and fight for true joint custody and not just joint custody in name only.

By: Scott Shaw

Joint Child Custody Options | Atlanta Divorce Laws

Joint Custody in Atlanta

In this video, I will be discussing the topic of what is joint custody in the state of Georgia. There are two kinds of custody of children in the state of Georgia, and they are legal custody and physical custody.

Legal custody is the power to make decisions for a child related to the child’s health and moral well-being, education, extracurricular, and religious upbringing. Physical custody is the power to have the child primarily reside with you.

Joint Legal Custody

Joint legal custody, or the shared power to make major decisions for a child, is routinely granted to parties in the state of Georgia, without the need to fight over it. The reason why it is awarded so easily, is because a usual language awarding joint legal custody is as follows: both parents shall discuss major decisions affecting their child’s health, education, extracurricular, religion, and moral upbringing. And if after discussion between the parties they do not agree, then mother shall have final decision making power. It is not real joint custody. If you want true joint custody, it is a big issue. So don’t settle for this language.

Joint Physical Custody

Now let’s move to physical custody, and specifically, joint physical custody. From vast experience and a reality check, if your case goes to trial, accepting a minority cases, the court is not going to award joint physical custody. The best way to get a real joint physical custody arraignment in Georgia, is to avoid a trial altogether if you can. Get a settlement agreement. If the other party won’t willingly settle, you have to give the other party reason to settle.

Reason To Settle

And the best way to give the other party reason to settle is to build a solid case that gives real reason to fear going to trial, meaning, even if you don’t necessarily want primary custody, but you just want joint custody, you often have to act as if you do want primary custody, in order to get a joint physical custody arraignment at settlement. Georgia’s courts these days are much more receptive to joint physical custody than they used to be. That is a custody arraignment is sometimes 50/50, and if not 50/50, then much more than the traditional every other weekend sort of arraignment that used to be so common.

Often parties settle for labels. They will say they have joint custody, just because they say they have joint legal custody without understanding the substance behind it. But it’s important to understand that joint custody does not mean what it says, and to understand and fight for true joint custody and not just joint custody in name only.

By: Scott Shaw