As you plan for summer, consult the parenting plan to determine what special terms there are in place – perhaps within the text of a parenting plan – for this time of year. Some plans allow planned vacations to trump the normal schedule. Be sure you discuss any scheduled activity with your co-parent. This can include vacations, day trips or just regular visits. The more details you can agree on in advance, the less chance there will be for misunderstandings or disagreements later.

Communicate openly

Proper communication should be a practice throughout the year, but it’s especially important during the summer when schedules can be more hectic. Make sure both parents have a clear understanding of what’s expected and are on the same page.

Be willing to adjust

Summer schedules don’t always go as planned. Be willing to accommodate changes in the other parent’s schedule, as long as they are reasonable and communicated in a timely manner. Always remember the focus should be on the children’s well-being and happiness. Make decisions based on what’s best for them, not what’s most convenient for you.

Practice mutual respect

Respect the agreed upon schedule and avoid last-minute changes unless absolutely necessary. Picking up and dropping off the children on time will also show respect for the other parent’s time. This also provides stability for the kids, which can greatly benefit them.

Encourage shared experiences

Allow and encourage your kids to share their summer experiences with the other parent. This can help maintain a sense of continuity and stability for your children. If you’re going on vacation, remember to set up a plan for communication between your co-parent and your children. You can use phone calls, video chats and similar methods to do this.

Summer should be a fun and relaxing time for your children. Avoid turning it into a competition about who can provide the best or most extravagant summer experience. Instead, focus on creating meaningful and memorable moments with your children.

When you know the basics about parenting plans, you will feel more comfortable moving forward with your family law matter in Georgia. What should parents with underage children know about parenting plans?

They address responsibilities and rights

Your parenting plan isn’t just a breakdown of your custody schedule, although such schedules are important inclusions in modern parenting plans. Your parenting plan will typically also discuss how you will share legal authority and other details, like which address will technically be the child’s primary address and which parent can claim the children for income tax purposes.

The rules and guidelines within your parenting plan determine what rights you have in your relationship with the children and also when you can potentially go back to court either to enforce the order because of a dispute with your ex or to change the existing parenting plan.

You can create your own parenting plan

Every county in Georgia provides a template that parents can fill out when negotiating a parenting plan, such as this version provided by Fulton County. You don’t have to go to family court to set those terms, such as what percentage of parenting time each of you will have.

You can agree on those terms without directly involving a judge in their creation. You can negotiate through your attorneys or attend mediation to settle the issues on which you currently disagree. Of course, if reaching a mutual agreement is not possible, then you can always go to court to litigate. A judge will have to approve any plan you make to officialize it.

You can update your parenting plan when circumstances change

The best parenting plans include rules that you can adapt to changing family circumstances. However careful you are, it is impossible to completely predict what your family’s future needs will be.

Thankfully, you will have the option of seeking a modification to your existing custody order anytime there is a substantial change to your family circumstances. You will typically need evidence of those changes, and as with initial custody matters, you will have the option of either litigating with your ex or cooperating for an uncontested filing.

Learning the basics about parenting plans can help those preparing to negotiate shared custody arrangements in Georgia.

What circumstances warrant a modification?

Under Georgia law, custody can be modified when there has been a material change in circumstances and that change substantially affects the child’s best interests. In other words, there need to be new developments since the issuance of the initial custody order that have a significant impact on your child. Here are just a few of the circumstances that may justify seeking a custody modification:

• Your child’s exposure to domestic violence, which can leave your child at risk of physical injury and psychological harm on account of excessive fear, worry and guilt.
• Your child’s exposure to parental substance abuse and its corresponding increased risk of child neglect.
• The other parent’s changed financial circumstances that may render them unable to adequately meet the child’s needs.
• An increase in your child’s needs that are so great that the other parent is no longer able to meet them.
• A significant change in the other parent’s physical or mental health, which affects the parent’s ability to adequately and safely care for the child.

Remember that these are just a few situations that may warrant a custody modification. If you think that changed circumstances in your situation are significant enough to warrant modification, you might want to discuss them with your attorney.

Gathering evidence for a motion to modify

If you think that there has been a material change in circumstances, you need to gather evidence to support your request for a custody modification. But how do you go about doing that? It really depends on the circumstances. However, you can start with the following:

• Obtain police reports that may be indicative of violence or drug use in the other parent’s home.
• Talk to witnesses who can attest to any concerns with the other parent and how your child responds while in the other parent’s care.
• Subpoena relevant records from the other parent that speak to their financial standing.
• Request a court order for the release of mental health records to better gauge the other parent’s current well-being.
• Ask the court for a mental health evaluation of the other parent if that issue is in question and is tied to the other parent’s ability to care for the child.
• Ask the court for a child custody evaluation, which should help give the court a holistic and comprehensive picture of the parents and their ability to meet the child’s needs.

Depending on the facts of your case, there may be more work ahead of you. But to learn more about how to build the evidentiary foundation for your request, talk to an attorney of your choosing.

Advocate for the outcome that your child deserves 

Custody modification disputes can be highly contentious. As a result, some parents end up backing off or not putting up the fight that they should. Don’t let your aversion to conflict lead to this outcome. After all, your child’s safety and well-being may be on the line.

So, if you want to ensure that you are making the best arguments possible in your case, you may want to consider having a legal advocate on your side who can help you make the aggressive arguments that you need to be successful.

1. Split your time as evenly as possible.

Holidays are an important time for your family, and it is also important that your child spends time with both parents. This may involve alternating years when you have custody on each holiday, trading off so that one parent has Thanksgiving and the other Christmas or splitting the day so that you both have time on the holiday itself. You may also want to address whether you can travel with your child for the holidays and how you will handle visitation or check-in calls during that time.

2. Plan for holiday shopping.

The holidays can bring up a variety of financial questions. How much are you and your child’s other parent allowed to spend on your child’s gifts? Can those gifts include tablets, smart phones or other technology? If your child is old enough to get gifts for friends and family, which parent will pay for the purchase of those gifts, if necessary? Discussing these questions with your child’s other parent can prevent overspending or conflict over holiday budgets. As Forbes notes, you may also want to coordinate to avoid duplicating gifts.

3. Address the holidays when you create a parenting plan.

The holiday season will change your schedule every year, and the best way to avoid conflict or challenging negotiations is to have a clear plan in place from the start. No matter what arrangement works best for your child, your parenting plan can outline that solution and help you focus on enjoying the holidays with your family.

The notice requirement

Georgia law requires custodial parents to give the court – and their child’s other parent – at least 30 days’ notice before the day they intend to move.

This is great news for you, because it means that your ex-spouse can’t blindside you with the news of their move. They must give you time that you can use to prepare your objection to their move. The court will then consider your ex-spouse’s reason for wanting to move, together with your opposition to the move, and decide whether to grant them permission to move or not.

How courts decide

Just like when they determined the initial custody arrangement of your children, the court’s main priority will always be your children’s wellbeing. This means that they’ll look at the possibility of granting or denying permission to move based on how it would benefit your children.

Courts know that it’s extremely important for children to maintain a close relationship with both parents in most cases. Thus, if the move will greatly hamper your ability to maintain your current visitation schedule with your children, and there isn’t an equivalent benefit to the move, it’s possible that they might decide that it’s in the best interest of your children to deny the move.

If your ex-spouse tries to move without first seeking permission from the court, they could face serious consequences. The court might even revise your custody arrangement.

The thought of your ex taking your children farther away from you can be quite difficult to deal with. Fortunately, you will have a chance to prepare a solid argument with your attorney for why the court should deny the move and keep your children close to you.

Do Georgia child custody laws favor mothers over fathers?

Fathers going through a divorce may be concerned that their child’s mother will automatically be treated more favorably when it comes to child custody issues. This is not true. Under Georgia law there is no presumption in favor of either parent. Instead, child custody orders will be based on the best interests of the child.

Best interests of the child factors in Georgia

There are a variety of factors courts will consider when making child custody decisions that are in the best interests of the child. The bond between each parent and the child may be considered as may the child’s bond with siblings and other parties they live with. Each parent’s ability and propensity to provide the child with love, affection and guidance may be considered.

How familiar each parent is with the child’s needs may be considered as may each parent’s ability and willingness to meet the child’s day-to-day basic care needs. The extent to which each parent’s home is safe and nurturing for the child may be considered. The history of the child’s residence and community may be considered alongside any special needs the child may have. The importance of keeping the child’s life stable may also be considered.

Each parent’s past involvement in the child’s education, social engagements and hobbies may be considered. Whether a parent’s job will limit their ability to care for the child may also be considered. The parenting responsibilities each parent performed in the past and will perform in the future may be considered.

The court may consider each parent’s health. Each parent’s ability and willingness to allow the child to have a meaningful relationship with the other parent may be considered. Whether domestic abuse or substance is a factor may also be considered. Finally, the child’s wishes may take precedence if the child is age 14 or above.

Learn more about child custody in Georgia

Child custody decisions made in a divorce can affect both the child and the parents for years to come. Therefore, it is important that any decisions made are in the child’s best interests. This post is for educational purposes only and does not contain legal advice. Our firm’s webpage on child custody in Georgia may be of interest to those who want to learn more about their rights and options.

How can unwed parents fight for their legal rights?

If you’re an unwed mother in the state of Georgia, you’re automatically granted full custody of your child. But if you’re an unwed father, the situation becomes a lot more complicated. You’ll have to take several steps before you have a legal claim over the child.

First off, you’ll have to prove paternity. If your name is already listed on the child’s birth certificate, you won’t have to do anything else. If not, you can take a genetic test to prove that you’re the child’s father. Keep in mind that you have to be biologically related to the child.

However, the battle doesn’t end there. You’ll also have to file for legitimation to gain legal rights. To do so, you can file a legitimation action in the mother’s county. If the court accepts this action, you will be ruled as the legitimate father of the child.

Now that you’ve established your parenthood, you can start fighting for your rights in court with the help of a family law attorney. You may be able to argue for full or joint custody as well as visitation rights.

How might an attorney help you establish parenthood?

An attorney may be able to help you establish your parenthood and start building a relationship with your child. Once you’ve established that you’re the child’s biological parent, your attorney may help you shoot for full or joint custody, whichever option is in the child’s best interests. If you’re not looking for custody, your attorney might help you argue for visitation rights that help you balance parenthood with your other responsibilities. Your attorney may also help settle other disputes like child support payments.

Location matters

When it comes to drop-off locations, you’re going to be presented with a specific place by the courts or make arrangements with your ex-spouse. Options can include public areas or even the residency of the other parent. Note that the agreement should always include what is best for the child. This usually means something that does not completely disrupt their daily schedule or cause unnecessary stress on them.

Unsafe or tense drop-offs

When a couple decides to separate, they are doing so because they no longer wish to be together. Often, the process of divorce will flame an already tense situation that can cause both parents to feel hate for each other. This can make visitation transportation that much more difficult and even lead to placing stress on the child. In such situations, it’s generally best to agree to meet at a neutral location such as a police station. You ask your local family court clerk for more information regarding neutral locations.

When work gets in the way

If one parent’s career requires them to travel often, this can cause a few issues in the amount of time they get to spend with their child. It is recommended to speak with both your attorney and your ex-spouse to rearrange visitation agreements. After all, having one or two quality days with your child is better than a few hours every other day.

Unfortunately, not every divorce is going to be easy. This is why it’s so important to have an experienced attorney by your side during the process. Doing so may provide you and your child the best possible outcome.

While parents are married or otherwise together, they may work together to make all of these decisions or one parent may take the lead on certain decisions and the other parent on other decisions. The discussions on these decisions can also usually take place at the home when they are together. However, if the parents divorce, making these decisions together may become much more difficult, depending on the circumstances of the separation and divorce.

Therefore, in a divorce, the couple must agree as to who will have child custody or a judge will ultimately make the decision for them. When judges make the decisions, they will analyze a number of factors to make the determination.

Child custody decision factors

The factors that judges use include, but are not limited to:

• The child’s relationship with both parents
• The child’s relationship with their siblings or stepsiblings living in each parent’s home
• Each parent’s ability to provide care for the child and their ability to meet their needs
• Which parent can better provide stability in the child’s life
• Each parent’s involvement in the child’s schooling and activities
• Each parent’s work schedule
• Whether there are physical abuse or substance abuse issues
• Each parent’s willingness to promote a relationship with the other parent

There are other factors as well and ultimately, the court will attempt to determine what is in the child’s best interest.

Child custody determinations in Georgia are very fact-specific decisions that depend on the unique circumstances of each family. These can also be very complicated decisions and consulting with experienced attorneys may be beneficial.

Parents who are focused on a career should take certain steps when seeking more time with the child. The child’s best interests take precedence, so committing to the child’s routine and meeting all needs is key. Understanding how to handle inevitable challenges like making sure schoolwork is complete, having family-centric mealtimes and knowing what to do if the child is ill are imperative. A parent might want the maximum amount of time with the child, but that could be too ambitious when assessed in the context of the parent’s work responsibilities. Two quality days are better than three days when the parent is frazzled and thinking about work.

A significant aspect of child custody is arranging for child care and supervision when the parent is working. Picking the child up from school and having a responsible babysitter can help avoid problems and worry. Since a busy career person will need to budget time accordingly based on the child custody arrangement, having a flexible work schedule and being well-organized may be essential. The spouses should have a fundamental set of rules they will adhere to. An acrimonious situation inevitably makes matters worse, but even if there are lingering hard feelings from the marriage, there should be cohesion for the sake of the child.

People could be under the impression that the court starts with certain preconceived notions. For example, a stay-at-home parent was once viewed as a better option for custody. Now, if a stay-at-home parent is taking steps to earn more money and provide a better life for the child, this could be seen favorably. Showing good intentions can supersede other concerns if the child is in a safe and nurturing environment. Multiple factors are part of determining child custody, so a family law attorney with experience in child custody may be able to help parents understand the process.