Marietta Child Custody Lawyer

Marietta Child Custody Attorney

Child custody cases are some of the most challenging family court cases anyone can experience. Whether you are deciding custody as an unmarried parent or you must resolve custody as an element of your divorce case, you will need an experienced Marietta child custody lawyer to help you navigate this case.

Georgia’s family law courts often order noncustodial parents or joint custodial parents with a higher income in a divorce, paternity or legitimation case to pay child support to the other parent. The legal battles involved in these orders can feel overwhelming and emotional for every party involved. If you face a child support fight, you need a lawyer who will represent your interests and fight to get a fair amount.

At Young Law Firm, LLC, family law attorney Diana Whipkey Young uses her more than 40 years of experience to help clients in Georgia get fair child support orders. She will examine every detail in your case and then create a personalized strategy for your child support matter. You can learn more about how she can help by scheduling a free consultation at her Marietta office. Please call her at 770-795-9596 to set up your free, 30-minute consultation.

Preparing for a Child Custody Case in Marietta

It is natural for a parent to want the maximum level of custody possible, but it is vital for all parents to remember that the family court of Marietta has a legal duty to rule in favor of the best interests of any child the court’s ruling will affect. If you and your co-parent are both seeking custody, both of you will likely need to be willing to compromise and accept the court’s decision.

A judge handling a child custody case must look at several important factors when determining custody and parenting time. In most cases, a judge will aim to provide a child with as close to equal access to both parents as possible. However, the parents’ schedules and availability may require carefully coordinating joint custody arrangements. Additionally, it is possible for a parent to be found unfit for custody and only receive limited visitation or supervised parenting time.

Your Marietta child custody lawyer can help you build the strongest possible case for custody. They can assist you with gathering any documentation you will need to submit to the court, and they can be ready to address any unexpected challenges that arise throughout your case. When deciding custody, the judge will need to review many factors, including:

• Each parent’s overall fitness to handle parental responsibilities. If a parent is found unfit, or if they have been abusive or have a criminal record, they could have their parental rights involuntarily terminated but still be responsible for child support.
• The child’s preferences, if they are old enough to explain to the judge what they would want to see in terms of custody and parenting time with each of their parents.
• Each parent’s income, work schedule, and living arrangements. The judge will want to make sure that a custodial parent is able to manage their child’s day-to-day schedule and evaluate their proximity to the child’s doctor, school, and other relatives.
• The child’s medical status, educational requirements, and other unique needs. The court will want to ensure a custodial parent is able to address these issues.

Your Marietta child custody lawyer at Young Law Firm, LLC, can help you gather any proof you need to show that you are fully capable of handling the custody rights you wish to obtain. As long as the judge deems both parents fit, and they live relatively close to one another, a joint custody agreement is the most likely outcome.

There are two forms of custody. The first is legal custody, or the ability to make important decisions for a child, and the second is physical custody, which determines the child’s residence and how much time they spend with each parent. When parents share custody, they have joint legal custody and must collaborate on all major decisions for their child, and physical custody is split according to the child’s needs and schedule.

Child Custody and Child Support in Marietta

In every custody case, both parents are required to  contribute to the cost of raising their child. However, if one parent assumes a greater share of physical custody, it means they are assuming responsibility for more living expenses. This could include increased rent, higher grocery bills, increased utilities, school expenses, and more.

The other parent will likely be required to pay child support to the custodial parent. Additionally, if a parent is not awarded custody and only has visitation rights, they will be required to pay child support to the custodial parent. Child support obligations can vary over time, and the penalties for nonpayment are often severe.

Frequently Asked Questions About Child Support

Child support can be a difficult topic to discuss, even when the circumstances require it. Many Georgia parents have questions about this matter but don’t know where to turn for answers. Attorney Young has provided some here:

How is child support determined?

Georgia courts must determine the amount of child support to be paid by considering many factors and applying the Georgia Child Support Guidelines. One of the most critical factors that judges and juries consider when deciding a child support award is each parent’s gross income. Juries and judges may determine income based upon testimony and/or from documentary evidence admitted, such as:

• Pay stubs
• W-2 forms
• 1099 forms
• Tax returns
• Bank statements
• Domestic Relations Financial Affidavit, which is required to be filed in the case

If one parent provides health, dental or vision insurance to the child, those costs for that parent may be considered when determining the child support award. Other factors include:

• Child care expenses required to allow a parent to work
• Summer camp expenses
• Tutoring
• Extraordinary medical expenses

Above all, an experienced child support attorney can make a big difference in the factors that are considered and, ultimately, the amount of child support awarded. Attorney Diana Whipkey Young can effectively represent your child support case and work to ensure that you get the best possible outcome.

How can parents enforce support orders?

If a parent does not pay child support when ordered, the other parent has several ways to collect payment. A garnishment action can be filed if the child support has not been paid for more than 30 days. This type of action will allow the owed parent to collect unpaid support. Other options include an income deduction order and a contempt action.

Attorney Young, an experienced attorney, can help you decide what child support order to use for your specific situation. She will also assist you in collecting child support if the other parent still refuses to pay. She will take every action that she can on your behalf and work to get your outstanding support.

Are both parents responsible for supporting a child in Georgia?

In Georgia, child support payments are the responsibility of the noncustodial or (in joint custody situations) higher earning parent. However, both parents are duty bound to support their children financially until they become adults. Custodial parents must use their financial resources to ensure that their children’s personal and educational needs are met and that they are properly protected.

If you have concerns about meeting your child support obligation or your financial responsibilities in raising your children, child support lawyer Diana Whipkey Young can address them. She will assess your situation and help you take steps to make sure both you and your children have the resources to thrive.

Do stepparents have any custody rights in Georgia?

In Georgia, stepparents do not automatically have custody rights to their stepchildren. However, there are circumstances where a stepparent may seek custody or visitation rights. The process can be complex, and the court always prioritizes the best interests of the child.

Stepparents may petition for custody in situations such as:

1. Abandonment by the biological parent
2. Unfitness of the biological parent
3. Voluntary surrender of parental rights

To pursue custody, a stepparent must typically file for adoption or prove that they have served a parental role for an extended period. This is often referred to as “in loco parentis” status. Courts consider factors like:

• The length and quality of the relationship between the stepparent and child
• The child’s emotional ties to the stepparent
• The stepparent’s involvement in the child’s daily life and decision-making

It’s important to note that even if a stepparent doesn’t obtain full custody, they may still be granted visitation rights if it’s deemed beneficial for the child. The action may be filed under the Equitable Caregiver statute.

It can be challenging to make sense of stepparent custody issues. At Young Law Firm, LLC, attorney Diana Whipkey Young can help you understand your rights and options as a stepparent. With her extensive experience in family law, she can guide you through the legal process and work toward achieving your goals while ensuring the child’s well-being remains the top priority.

If you’re a stepparent considering pursuing custody or visitation rights, contact attorney Young’s Marietta office to schedule a consultation and discuss your family situation.

Learn More In Your Free Consultation With A Child Support Attorney

Child custody cases are challenging in several ways. The outcome of your case can not only influence your relationship with your child and co-parent but also present various financial implications. The team at Young Law Firm, LLC, is ready to assist you with all of your child custody and child support issues in Marietta.

If you are concerned about child support obligations, call 770-795-9596 or contact the firm online to set up your free, 30-minute initial consultation with a Marietta child support attorney. For clients’ convenience, attorney Young accepts all major credit cards. She serves clients in Cobb County, Paulding County, Bartow County and Cherokee County.