As a parent, you want to ensure that your child is safe and happy. Unfortunately, you may find yourself in a situation where you believe protecting and nurturing your child requires you to obtain sole custody. What should you know about the process of seeking sole custody?
What is sole custody?
In Georgia, child custody falls into two different categories: physical and legal. Legal custody gives a parent the right to make significant decisions about the child’s life, including education, health care and religious activities. Physical custody determines which parent the child will live with. Sole custody occurs when a court awards both legal and physical custody to one parent.
Is sole custody the right fit for your situation?
Georgia law requires that all custody decisions reflect the best interests of the child. The courts consider various factors, including but not limited to:
- Each parent’s physical and emotional health
- Each parent’s ability to meet the child’s physical and emotional needs
- The emotional ties between the child and each parent
- The child’s ties to their home, school and community
- The child’s preference
Courts generally prefer arrangements where both parents are involved in major decisions about the child’s life. The courts may give sole custody to one parent in situations where it is in the best interest of the child to reside primarily with one parent. Factors that might influence this include a parent’s criminal history, substance abuse or evidence of abuse or neglect.
How can you seek sole custody of your child?
To initiate the custody process in Georgia, you must file a petition for custody in the county where your child lives. This document should detail your reasons for requesting sole custody.
After you file your petition, you must attend a custody hearing to present your case. During the custody hearing, it is essential for both parents to present their arguments and evidence calmly, respectfully and with a focus on the child’s best interests. Following the hearing, the judge will decide what arrangement for physical and legal custody is in the child’s best interests.
Any issue of child custody can be challenging, and this is especially true if you want to pursue sole custody. However, even in this challenging situation, it is possible for parents to achieve a custody arrangement that supports their child’s wellbeing.
