Smyrna Visitation Lawyer

Smyrna Visitation Attorney

Custody and parenting time are among the most stressful legal cases a family can go through. The outcome of the case not only affects your future, but also the future of your child. During this time, you need an efficient Smyrna visitation lawyer to advocate for your legal rights.

Highly Knowledgeable Family Law Attorney in Smyrna

Diana Whipkey Young of Young Law Firm, LLC, has over 40 years of experience as a family lawyer in Smyrna. When clients come into our office, they’re met by a passionate and empathetic attorney.

Attorney Young is dedicated to protecting the rights of her Georgia neighbors and community members. We offer free 30-minute consultations to discuss the unique details of your situation and develop a plan for your case.

Georgia Parenting Time Laws

In Georgia, when parents are deciding who will have custody of a child, the judge, not a jury, makes all custody decisions. In Smyrna, these cases are typically overseen at the Cobb County Superior Court, located at 70 Haynes Street in Marietta.

Courts strive to ensure that custody and parenting time decisions are always focused on the child’s safety, stability, and well-being. The main types of custody include:

1. Joint custody
2. Sole custody
3. A combination of legal and physical custody. Legal custody is the responsibility to make decisions regarding your child’s life, such as their healthcare, religion, and education. Physical custody is where the child lives day to day. Day-to-day decisions are always allowed for the parent who has the child at the time.

Even if a parent is granted sole custody, there’s usually parenting time granted to the noncustodial parent.

The Importance of Parenting Plans

Only 18% of Cobb County residents weren’t living together as a family, as of 2023. It’s important for these residents to understand their legal obligations as single parents. In Georgia, every child custody case requires a parenting plan. A parenting plan, also called a custody agreement, explains how parents will work together to raise their children.

If parents agree, they create a plan together, and the judge can make it a final order as long as it protects the child’s health, safety, and welfare. If parents cannot agree, each parent submits a proposed plan before the first hearing. If the case goes to trial, the judge decides which plan or combination of plans is right for the child, making changes as needed. The plan should include:

• A written parenting time schedule
• Parents’ work schedules
• Children’s school schedules
• How parents will make important decisions
• Child financial support
• How parents exchange and transport children
• Access to school and health records

What to Include

Any documents supporting the plan should be included, such as the child’s medical records or extracurricular activities. Including as much detail as possible helps prevent conflicts. Additional information is recommended, such as:

• Relocation
• Handling unexpected changes
• Response times for decisions
• Introducing new partners
• Communicating with the child
• Setting behavior standards
• Maintaining mutual respect

During this time, it’s important to hire an Smyrna visitation attorney to represent your case. Even if you have good intentions, the other party involved may try to take advantage of your legal rights. Having a lawyer present at all meetings helps ensure an extra layer of protection.

How Courts Determine Custody and Parenting Time

As of 2023, 8 to 13% of Cobb County residents were divorced, and 22% of residents were under 18 years old. When deciding which custody option to choose, the judge will put the child’s needs at the forefront. They’ll look at many things to make their decision, including:

• The emotional bond between the child and each parent
• Relationships with siblings
• Each parent’s ability to care for and guide the child
• Their knowledge of the child’s needs
• Their ability to provide basic necessities for their child
• The home environment
• The stability and continuity of the child’s life
• The mental and physical health of each parent
• Each parent’s involvement in the child’s education, activities, and daily life

FAQs

Can a Parenting Plan Be Modified?

Once a custody and parenting plan is decided, the judge writes it into a court order, becoming legally binding. Court orders can be reviewed or modified, but usually not more than once every two years, unless there is a significant change in circumstances. These changes can include losing a job, a change in income, a parent getting remarried, or a parent moving to a new home or city.

Can Children in Georgia Choose Which Parent to Live With?

Depending on their age, children in Georgia can choose during a custody case which parent they’d rather live with. Children who are 14 or older can choose which parent to live with, as long as it is in their best interest. Children aged 11-14 have their preferences considered, but the judge has final discretion.

What Is Mediation?

When parents have trouble agreeing on custody, they can try mediation, an alternative to going to court. A mediator is a neutral person who helps parents talk through issues and reach agreements.

They don’t make legal decisions but let both sides feel heard. Doing this can help foster long-term healthy communication between parents. Mediation is faster and less costly than court. The things discussed in mediation are private. Be sure to have your lawyer there to protect you.

Are Mothers or Fathers Granted Custody Most Often in Georgia?

15% of Cobb County households in 2023 were run by a single mother. 6% were households of a single father. Even though there’s a clear difference in numbers, courts don’t favor one parent over the other and will decide what type of custody is right for the family’s specific circumstances. Georgia law aims to ensure children maintain ongoing contact with both parents when it is in the child’s best interest.

Hire a Visitation Lawyer That Locals Trust

Attorney Young knows the heartache involved in custody cases. When going through a family law case, you need a strong legal advocate. Contact our office at 770-758-8976 or by using our online submission form. Our team offers free, 30-minute consultations. We accept all major credit cards for client payments.