HANNAH C. PELHAM Attorney at Law

Child custody disputes are financially and emotionally draining.  Courts prefer that the parties be able to work together to come to an agreement on a custody arrangement.  I encourage my clients to work with their former spouses in forming a palatable agreement as to custody of children.  However, due to the emotions involved, parents are sometimes unable to agree on an satisfactory custody arrangement.

Many counties in Georgia require a court-ordered mediation, and custody is one of the things that could be discussed when the parties are mediating issues in working out a final divorce settlement.  It is important to note that sometimes one parent may be claiming that she wants custody because of the financial gain she stands to acquire in child support, more than considering what is in the children’s best interests.  Sometimes a father may fight for custody, because he does not want to be ordered to pay child support to the mother if she were to get primary physical custody.

For the reasons above, there are many proponents of what is known as shared parenting, where the children spend equal amounts of time with each parent, and where each parent is solely responsible for providing for the children on a pro rata basis.  However, shared parenting is not always possible.  For example, one parent may live very far away from the other, and to require the children to travel 100 miles or more twice a week, would be exhausting to the children.  But if the parents live relatively close to one another, and both parents want equal parenting time with the children, this should be something that the parties should be able to agree to during the mediation process.

When the parties are not able to resolve the issue of child custody among themselves, the court must decide on an appropriate child custody arrangement.  When doing so, the court is required to determine what is in the child’s best interests, but this can be difficult to do when the child has two fit, loving parents.  High conflict child custody disputes can be harmful to the children, when they have to witness their parents fighting over them, incurring thousands of dollars in expenses in the process.

Originally posted 2009-04-11 16:24:15. Republished by Old Post Promoter

There are two types of custody:  physical custody and legal custody.  Physical custody is exactly as it sounds, having physical contact and physical control of the children.  Legal custody, however, involves the rights to make major decisions for the children.

When parents divorce, a court can decide to award either primary physical custody to one parent, or joint custody between both parents.  The parent who has physical custody of the children typically has legal custody, meaning that he has the right to make major decisions involving the children.  However, the parent with physical custody should still consult with the other parent before making major decisions regarding the welfare of the children.

In a primary physical custody arrangement, where one parent has physical custody of the children for greater than half of the time, the noncustodial parent realizes that his legal custody of the children has little or no teeth.

In high conflict divorce cases, the parent with primary physical custody may not include the noncustodial parent in the decision making process, or fail to inform the noncustodial parent of issues with the children at school, or with updates on medical examinations.  When this happens, the noncustodial parent should email the custodial parent and inform her that he is entitled to be in the loop regarding major decisions regarding the children, including education, medical treatment, or psychological treatment.

If the custodial parent continues to not cooperate with the noncustodial parent, and continues to leave the noncustodial parent out of the making major decisions for the children, then the noncustodial parent may want to contact a child custody lawyer, to determine his rights, and what can be done to keep him involved in the rearing of his children.

Originally posted 2009-04-11 17:37:55. Republished by Old Post Promoter