Atlanta Sole Custody Attorneys
There are two major types of custody: legal and physical. It is possible for one parent to have sole legal and joint physical custody or vice versa, or for one parent to have both sole legal and physical custody.
With sole legal custody, one parent has the lawful authority to make legal decisions with regard to any matter that impacts their child or children. The parent with sole legal custody can make choices about the child’s education, medical care, extracurricular activities, religion, and more without input or approval from the other parent.
With sole physical custody, one parent will be named the primary custodian of the child or children. The children will spend the majority of time living with that parent. Sole physical custody does not necessarily mean that the children will never see the other parent. Usually, the parent without custody will be granted visitation rights. The parents will agree to a visitation schedule, which may allow the non-custodial parent to spend time with the children as often as every week, or as little as once a month or only in the summers. Visitation may be supervised or unsupervised. In some cases, visitation rights will not be granted, but this is rare and usually reserved to situations where the other parent is unfit or absent. The Atlanta sole custody lawyers of Kessler & Solomiany, LLC can guide you through this process and help you get the outcome you are looking for. Contact us at (404) 688-8810 to schedule your consultation with one of our distinguished attorneys today.
How can you decide if sole or joint custody is right for you?
At Kessler & Solomiany, LLC, we urge you not to get caught up in what seem to be the pros and cons of the terms “joint custody” vs. “sole custody.” Though joint custody may seem like the ideal option at first glance, it is not always suitable for all families. First, think about your work hours and your lifestyle. Does your job take you many hours away from home each week? Are you a commuter with a 60-plus hour work week? Do you work from home? Most of the time, whether or not you officially have sole or joint custody matters less than how much you get to see your children. It is possible that a visitation schedule could actually let you spend more time with your children than a joint custody agreement would. The best way to decide what arrangement is best for you and your former partner is to consult with an attorney. They can explain all the details of the different possible arrangements and help you pick an agreement that works for everyone’s schedules.
Frequently Asked Questions
Creating a parenting plan and custody agreement is one of the most important aspects of divorce, so our clients often have many questions about the process. Some of the most common questions we get about sole custody are listed below.
How likely is it for me to gain sole custody of my children?
Courts do not typically grant sole legal and physical custody of children, unless it deems a parent unfit. A parent may be deemed unfit if they are found to have psychiatric issues, a record of abuse, or cannot provide a stable home for the child. A parent with these issues may still be issued supervised visitation rights. If you feel strongly that your children will not be safe if they ever come in contact with their other parent, you will have to provide strong evidence that this is in the best interests of your child.
What are the benefits of sole custody?
If you are granted sole legal custody by the court, you will not need to consult with the other parent with regard to any decisions pertaining to your child’s welfare, schooling, or religious affiliation. If you are granted sole physical custody, you will likely get to spend much more time with your child than their other parent.
Is it possible to relocate after divorce if I have sole custody?
If you have been granted sole custody, it does not guarantee your right to relocate without consent from the court. If the other parent has been granted visitation rights, relocating the children will jeopardize their ability to have access to the children. Therefore, relocation is an issue that must be raised during court proceedings.
I have heard about “custody seminars.” What are they?
Often, the court system will now require that the parents in a custody case involving minor children go to a seminar. This seminar helps them to cope with the difficulties of divorce and its impact on children involved. Check with your local county court system to see if your family would be required to attend such a seminar.
Do courts use psychologists to help a judge in their decision?
Yes. Courts may appoint a psychologist or social worker to perform a variety of evaluations, such as custody fitness.
Can grandparents be awarded custody or visitation rights?
Grandparents can be awarded custody or visitation rights for their grandchildren in very particular circumstances. Grandparents have no inherent right to see their grandchildren, and in general have no legal recourse if the child’s parents will not let them see their grandchild. However, the grandparent can win visitation or custody if they can demonstrate to the court that this is in the child’s best interest. Usually, these rights are only granted if the parents are found to be unfit to raise their own children.
If you are interested in pursuing sole custody, Kessler & Solomiany, LLC can help. Our child custody and visitation attorneys can help you determine whether sole physical or legal custody would be in your child’s best interest and, if so, how best to go about achieving it. To learn more about what we can do for you, contact us today at (404) 688-8810.