In Georgia, we have terms, under the law, such as Joint Legal Custody, Sole Custody, Primary Physical Custody, and Shared Custody. I could write a few hundred words on each to explain, but you wouldn't remember and I would probably confuse you in the process.
So, let's talk about the 99%. In a normal situation, both parties will have joint legal custody. This simply means both parties have legal access to medical and educational records, and that you and your EX will discuss the needs of the child and make decisions regarding the health and well being of that child. In most cases, if you don't agree, the primary physical custodian will have the final say on that decision. There are four major custodial areas of decision making. Those are education, medical, extracurricular, and religeon. The parties can divide these or the primary can have final say in all four.
Physical custody is the area of most disputes. One party must be the primary physical custodian. This means that the other party normally pays child support.
Litigating these issues is complicated. That's why, in most situations, an experienced lawyer can be extremely valuble in helping you develop a cost effective strategy that will meet your goal.
Custody cases are unique, in that the scenarios in each case can be completely different. No two cases are alike. Details are critical. Under Georgia law, the standards in a custody case can vary from party to party; the facts can determine the outcome; and the evidence presented will determine who, in the end, gets custody. You have heard the term "custody battle". Well, a custody case, to me, is more like the war, and there are battles within that war. You may lose a battle, but win the war. Managing a custody case requires patience and fortitude. A good client listens to the good lawyer who then can obtain a good result. The winning custody case is a team effort between the client who works hard and the lawyer who works even harder. By knowing the judges, their experiences, and trying multiple cases a family lawyer can assess your case correctly and avoid missteps during the difficult process.
The best custody case will be presented by the lawyer who is detailed, professional, and manages the case efficiently.
