Child Custody

Hannah C. Pelham, P.C., Attorney at Law, practices family law, focusing on child custody and child visitation matters in the greater metro-Atlanta area, including Gwinnett County, Lawrenceville and Braselton.  Firm principal, Hannah C. Pelham is dedicated to helping children caught in the middle of parental disagreements maintain their psychological health.  To that end, Ms. Pelham assists divorcing parents, unmarried parents, and grandparents in working to resolve child custody and visitation agreements in a manner that allows the parties to maintain a cooperative and amicable relationship, encouraging mediation and out-of-court settlement where possible.

Child Custody and Visitation Laws in Georgia

In Georgia, parents do not have an automatic right to custody of their child and Georgia law does not favor any one custody arrangement over another.  In addition, if the child is 14 years of age or older, he or she has the right to select the parent with whom the child prefers to live and a court will approve this selection unless it is determined not to be in the best interests of the child. It is often in the best interests of both the child and parents for the parents to agree on a "parenting plan," which they can bring to the court for approval.  A parenting plan includes agreements regarding issues such as who will have physical custody of the child (the right to have the child live with a parent), who will have legal custody (the right to make decisions regarding health, education, religion and other important life issues), and how actual spent time with the child will be divided.  If the parents cannot agree on a parenting plan, or if the court finds that the agreed upon plan is not in the best interests of the child, the court may issue its own order.  

In making a determination regarding what is in the best interests of the child, a court may appoint a guardian ad litem to represent the child, investigate the facts and make recommendations, and will consider a variety of factors including: the love and affection between each parent and the child and between the child an and any siblings, half-siblings, or step-siblings; the ability of each parent "to provide the child with food, clothing, medical care, day-to-day needs, and other necessary basic care" (taking into account the potential payment of child support by the other parent); and "the willingness and ability of each of parent to foster and encourage a close and continuing parent-child relationship between the child and the other parent.

Interstate Child Custody Issues

When a parent moves to another state with a child, the other parent has only six months to initiate a court proceeding in Georgia before the matter becomes subject to the power of the courts in the state where the child has been moved.  In many instances, the parent who remains in Georgia is not aware of his or her rights to prevent the child from being moved out of state, or will spend too long trying to work out the matter with the other parent.  Once the other state's court has jurisdiction, all court proceedings to gain or re-gain custody or visitation rights must be filed in the other state, which can be very costly and significantly complicate the matter. Accordingly, it is important to contact a lawyer right away when a child is moved out of state.  

It is also important to be aware that when a parent who is a non-Georgia resident asks the Georgia courts for assistance with child custody and visitation matters, that parent becomes subject to the jurisdiction of the state of Georgia for purposes of the custody proceedings.  As a result, that parent may also be required by the state of Georgia to pay child support in accordance with Georgia law.

Grandparent Visitation Rights

Grandparents often play a vital role in helping support their grandchildren financially and emotionally, as well as by providing child care.  When parents divorce, their conflict and disagreements can jeopardize the grandparent-grandchild relationship.  In Georgia, grandparents have the right to file their own court action or to intervene in a custody proceeding that is already in progress to obtain visitation rights.  A court may grant reasonable visitation rights if it finds that visitation would best serve the best interests of the child, or that the health or welfare of the child would be harmed absent grandparent visitation.  There are some limitations to when a grandparent can file an action to obtain visitation rights, therefore it is important to contact an attorney and act quickly.  Ms. Pelham is experienced in representing grandparents and helping them maintain a meaningful relationship with their grandchildren.

Seek Experienced Legal Representation

Child custody and visitation matters require experienced legal representation. Fill out the quick contact form to contact Hannah C. Pelham, P.C. and schedule a free telephone consultation.