What is a Child Custody Agreement?

A child custody agreement or parenting plan describes how two separated parents will care for their child. A parenting plan may be completed together or separately and may involve the help of a child custody lawyer or court-appointed mediator. Once a plan has been agreed on, it will be submitted to a judge for approval. Parents who are unable to come to an agreement must submit a joint statement highlighting what they agree upon as well as what they disagree on.

What are the Types of Child Custody Available in Georgia?

According to Georgia law, there are two primary forms of child custody: legal custody and physical custody. Legal custody allows parents the right to make impactful decisions pertaining to the child’s education, healthcare, religious affiliation, and general welfare. Physical custody, on the other hand, determines where the child will permanently reside.

Both legal and physical custody can be considered joint or sole. Joint custody allows the parents to share the responsibilities of the child, whereas sole custody only grants one parent permission to make these decisions. The court’s main goal with custody agreements, as well as in every other facet of family law, is what is in the best interest of the child, which typically involves both parents’ maintaining an active role and involvement in the child’s life.

What is Needed to Prepare for a Child Custody Case?

When dealing with a matter as important as a child’s custody, there is a lot to prepare. The biggest help will be an experienced family law attorney. An attorney at Hecht Family Law will assist in ensuring that documentation and criteria are accounted for and relay pertinent information between the courts and the parents.

The following steps will also be necessary for child custody and support negotiations:

  • Gather important documents, such as:
    • Medical records that include any treatments, medications, or doctor visits
    • Educational records that include copies of report cards, teacher feedback, or any special education plans
    • Proof of involvement that includes evidence of participation in the child’s life
    • Financial documents proving an ability to provide for the needs of the child
  • Developing a parenting plan outlining details regarding shared responsibilities and where the child will reside, visitation schedules, which parent will make decisions, and how conflicts will be resolved.
  • Mediation and negotiation are typically required by the court and offer a chance for both parents to agree on a plan outside of court. Mediation is done with the help of a neutral, court-appointed third-party.
  • Prepare for court if mediation fails. This may involve:
    • Witnesses who can attest to parenting abilities and involvement
    • Guardian ad litem reports providing an independent take on what is in the best interest of the child
    • Evidence, such as documentation of care, communication records, and other proof of a stable and loving home

Factors that courts use to determine child custody and support include:

  • The emotional bond between each parent and the child
  • The ability of each parent to meet the emotional and physical needs of the child
  • The home environment, stability, and routines of the child
  • The willingness of each parent to nurture a positive relationship with the other parent
  • The child’s preferred parent when they are of age
  • The income of both parents
  • Health insurance and childcare costs
  • Special needs of the child
  • Standard of living prior to the separation

Other Tips for Negotiation

Other tips that may be beneficial when negotiating custody and support include:

  • Maintaining open communication with the other parent to show a willingness to work together for the good of the child.
  • Keeping detailed records, such as involvement with school activities, medical appointments, and conflicts or confrontations with the other parent.
  • Focusing on the needs of the child by demonstrating that all decisions and actions are to prioritize the physical, emotional, and developmental needs of the child.
  • Remaining calm and respectful in court will reflect positive character traits and demonstrate a focus on the child’s welfare.

Why is Financial Transparency Important?

For successful child support negotiation, it is crucial to ensure that both parents fully disclose their financial status. Typically, the court requests the following documents:

  • Copies of payslips or pay stubs
  • Bank statements for the months preceding the request
  • Tax returns from the past two years, particularly when requesting a modification to an existing agreement

To decide the right amount of support that is needed, both parents should create a budget that details the expenses of each child. The following elements should be included in the budget:

  • Rent or mortgage payment
  • Utilities and food
  • Clothing expenses
  • Healthcare expenses
  • Childcare expenses
  • Extracurricular activities

Can a Parenting Plan be Modified?

In Georgia, a substantial change in the financial circumstances is typically required for the parents or the children’s needs. Examples of significant change may include:

  • Employment status of a parent
  • Cost of living increase
  • Unexpected expenses
  • Change in living arrangements

Georgia Family Court does not allow a petition for a modification of an agreement more than once every two years unless there is an emergency.

Exceptions to the two-year rule include:

  • A substantial change in the financial circumstances of either parent or a change in the needs of the child.
  • The current support order is based on false or inaccurate statements.
  • The current support order is not fair or equitable.

Do You Need an Attorney?

As is the rule in family court, our attorneys operate with the best interests of your child in mind. During this challenging time, there are many things you must prepare for and remember. Let our attorneys help you and work alongside you to ensure your child is prioritized. Call Hecht Family Law at 470-291-5342 or fill out a contact form for a free case evaluation.