When parents go through a separation or a divorce, the issue of child custody often becomes a crucial concern. Child custody essentially encompasses the rights and responsibilities that parents have towards their children, which includes determining where they will reside, who will make decisions for them, and who will provide their everyday care. In the state of Georgia, child custody is categorized into two distinct types: legal custody and physical custody.
Legal Custody: Making Decisions for the Child’s Future
Legal custody specifically refers to the right of a parent to make significant decisions regarding the upbringing of their child. These decisions typically encompass crucial aspects such as education, religion, and medical care. When a parent is granted legal custody, they possess the authority to make judgments on behalf of their child.
It is important to note that legal custody in Georgia can be granted to one parent or both. In cases where only one parent receives legal custody, they possess the final say in making decisions concerning their child. Conversely, if both parents are awarded legal custody, it will necessitate their cooperation in making choices that are ultimately in the best interests of their child.
Physical Custody: Determining the Child’s Primary Residence
On the other hand, physical custody entails determining where the child will reside on a day-to-day basis. When a parent is granted physical custody, they have the right for the child to live with them and the responsibility of providing daily care.
Similar to legal custody, physical custody in Georgia can be awarded exclusively to one parent or shared by both. If only one parent is granted physical custody, the child will primarily reside with them while the other parent may be granted visitation rights. However, if both parents are awarded physical custody, the child will likely divide their time living with each parent.
Joint Custody: Sharing Responsibility and Decision-Making
In certain circumstances, parents can be granted joint custody, which entails both parents having legal and physical custody of their child. However, this arrangement necessitates a high level of cooperation and communication between the parents.
In Georgia, joint custody is actively encouraged if it aligns with the child’s best interests. Nevertheless, a judge will only grant joint custody if both parents demonstrate a willingness to collaborate and prioritize their child’s needs above all else.
Concluding Thoughts
In conclusion, legal custody revolves around the right to make significant decisions on behalf of a child, while physical custody entails determining the child’s primary residence. Both types of custody can be awarded to either one or both parents in Georgia, with joint custody being encouraged if it serves the child’s best interests. It is essential for individuals dealing with child custody matters to seek guidance from an experienced family law attorney who can navigate the legal process and safeguard their rights as parents. By understanding the distinction between legal and physical custody, parents can better advocate for their child’s well-being during and after a separation or divorce.