The question of "Who gets custody of the kids?" is one of the most difficult and often the most emotionally draining both for parents and their children, when spouses divorce. Custody and visitation are the legal terms in court ordered determinations of which parent the child lives with and the conditions for the child to visit the other parent. Custody and visitation are never considered to be final. In Georgia, the court looks to the relationship of each parent with the child. While grandparents and others may seek custody, there is a presumption in favor of the natural parents.
.......................................................................................................................................
Visitation is the part of the court order that defines the conditions for the non-custodial parent to have contact with the child. Visitation is limited by legal custody being vested in the other parent. This means that your visitation does not give you the authority to conflict with the long range decisions and policies of the parent with legal custody. For example, if the parent with legal custody has decided to raise the child in the Jewish tradition, the parent with visitation rights may not take the child to be baptized in a Catholic church.
Supervised visitation is when the parent is only allowed to visit with the child in the company of another person. This person is usually a friend or relative that the two parents agree will be allowed to act as a chaperon. Supervised visitation often calls for a restriction of visitation to a particular location and time.
 Additionally, grandparents (even when the parents weren't married or are not currently divorced) and step-parents may be awarded visitation rights in Georgia. While there are no reported cases of brothers or sisters being given visitation, a strong argument could be made that it would be in the best interest of the child.
The court has the power to deny visitation. Normally, the court will only stop visitation for a certain time or until a certain task is performed. For example, the court has previously stayed visitation until the parent met their financial obligation.
.......................................................................................................................................
When a custody order is violated the law requires the custodial parent/lawful custodian to first demand the return of the child. If the child has actually been stolen by the other parent, you should report this to your local police department immediately. The FBI can be called in to find the fugitive parent and the child as well. The only exception to this rule is when the child is in clear and present danger (the victim of abuse or abandonment) requiring the non-custodial parent to save them. The non-custodial parent must be ready to prove this clear and present danger and they are required by Georgia law to file a petition within 96 hours. In that event, both parents will need a lawyer.
.......................................................................................................................................
When a parent seeks to have the custody order changed, it is his/her burden to show the court why it should be changed. The court follows the old notion of, "if it isn't broke don't fix it."
A child at least 16 years of age can seek a change in custody on his/her own. However, it will be the minor's burden to prove that a change of custody would be in his/her best interests at this time.
.......................................................................................................................................
In Georgia, child support is based on Section 19-6-15 of the Georgia statutes. It provides that:
1. Computation of child support shall be based upon gross income.
2. Gross income shall include 100 percent of wage and salary income and other compensation for personal services, interest dividends, net rental income, self-employment income and all other income, except need-based public assistance.
3. The amount of the obligor's child support obligation shall be determined by multiplying the obligor's gross income per pay period by a percentage based on the number of children for which child is being established.
The duty to provide support for a minor child shall continue until the child reaches the age of majority, dies, marries, or becomes emancipated, whichever first occurs.
.......................................................................................................................................
|
