Understanding Children’s Rights In Georgia Custody Cases

When parents navigate the complexities of custody disputes, the primary focus should always be on the best interests of the children involved. Georgia custody laws emphasize the importance of protecting children’s rights, ensuring their voices are heard, and prioritizing their welfare. Understanding children’s rights in Georgia custody cases is critical for parents seeking custody or navigating co-parenting arrangements.

At Lunn Law, we help families understand the nuances of Georgia custody law and ensure that children’s needs remain at the forefront of every decision. Our latest blog will help you get to know the legal processes in place to protect the welfare of your child throughout the custody process.

Read on to discover what you need to know about children’s rights and how they play a role in custody cases in Georgia.

What Are Children’s Rights in Georgia Custody Cases?

Children’s rights in custody cases refer to the legal protections and considerations afforded to them during disputes. Georgia law prioritizes the child’s best interests above all else, recognizing that children deserve stability, safety, and a nurturing environment. Some key aspects pertaining to children’s rights in Georgia custody cases include:

• The Right to Be Heard: In certain cases, children aged 11 or older can express their custody preferences, and a judge will potentially take into account factors such as where they would prefer to live and with which parent they prefer to spend their time.
• The Right to Stability: Courts prioritize living arrangements that provide consistency in education, community, and relationships. If one parent is better able to provide stability for the child, such as if they have been the consistent caregiver or have more time to spend with the child at home, a judge might take these factors into account.
• The Right to Safety: Protecting children from abuse, neglect, or harmful environments is a top priority in Georgia custody courts, and parents might be denied custody and visitation if there is evidence that their presence might do more harm for a child than good.

In Georgia, the courts use the “best interests of the child” standard to make custody decisions. This standard means that all rulings are centered on what will benefit the child physically, emotionally, and developmentally. Factors considered include:

• The fitness of each parent for the parental role
• The emotional bonds the child shares with parents and other family members
• The stability of the child’s home and education life
• The specifically stated preferences of the child
• The physical and mental safety of the child

For children aged 14 or older, the court often honors their choice unless it is deemed to be against their best interests. However, it’s important to note that these preferences are considered alongside other factors to ensure the child’s welfare is protected.

Legal and Physical Custody in Georgia

To understand children’s rights in Georgia custody cases, it’s important to distinguish between the two main types of custody, legal and physical custody.

Legal custody refers to the right to make major decisions about the child’s life, including education, healthcare, and religious upbringing. Parents can share joint legal custody or one parent can be granted sole legal custody.

Physical custody determines where the child will live. This can also be shared (joint physical custody) or awarded to one parent (sole physical custody), with the other parent receiving visitation rights.

Protecting Children’s Rights in High-Conflict Custody Cases

High-conflict custody cases can be especially challenging, and protecting children’s rights becomes even more crucial. Here are a few ways the courts and attorneys work to safeguard children during these disputes:

• Appointing a Guardian ad Litem: A guardian ad litem (GAL) is an advocate appointed by the court to represent the child’s best interests. They investigate the child’s situation, speak with both parents, and provide recommendations to the court.
• Using Supervised Visitation: In cases involving allegations of abuse or neglect, the court may order supervised visitation to ensure the child’s safety while maintaining a relationship with the non-custodial parent.

• Prioritizing Counseling and Mediation: In high-conflict cases, courts may encourage or require counseling or mediation to resolve disputes amicably and reduce emotional strain on the child.

Both parents have a responsibility to respect the child’s rights by fostering a positive environment and minimizing conflict when possible. A healthy co-parenting relationship can significantly impact a child’s well-being during and after a custody dispute.

To co-parent effectively, you should always prioritize maintaining open and respectful communication with your co-parent, following the custody arrangement to provide stability for your child, and refraining from speaking negatively about the other parent in front of your child.

Modifying Custody Arrangements

As circumstances change, custody arrangements may need to be modified to continue serving the child’s best interests. Parents can request a modification if there is a significant change in circumstances, such as:

• Relocation of one parent
• A change in the child’s needs or preferences
• Evidence of neglect or unsafe conditions
• A change in the schedule or ability of one parent
• Parental noncompliance with an existing custody order

The court will evaluate the request based on how the proposed changes affect the child’s rights and welfare. If you need help regarding a child custody arrangement you would like to see modified, qualified legal counsel can help you make your case.

Lunn Law Can Make A Valuable Difference In Your Child Custody Case

At Lunn Law, we are passionate about helping families navigate custody cases with compassion and expertise. We understand the importance of safeguarding children’s rights in Georgia custody cases and work tirelessly to ensure that your child’s needs and welfare remain the top priority. Thanks to our over 60 years of collective experience and the personally tailored strategies we create for each of our clients, we know how to effectively address custody arrangements that best serve your children.

If you’re facing a custody dispute or have questions about your child’s rights, we’re here to help. Contact Lunn Law today to schedule an initial case assessment and learn more about how we can guide you through the process and advocate for the best outcome for your family.