Child Custody
Attorney Chuck Efstration and the ELF team have extensive experience in complex child custody cases, including the establishment of physical and legal custody in cases of divorce, legitimation, and custody modifications. In each case, Efstration Law Firm works tirelessly to develop an impactful strategy to give our clients the best opportunity to achieve the desired outcome of the case.
A threshold determination for all custody cases is what is in the best interest of the child. Custody is divided into two areas: legal custody and physical custody. Legal custody includes a legal recognition of a parent's status for decision-making. Physical custody is a determination of where the child will spend his/her time. In Georgia, a custody order (called a “Parenting Plan”), includes decision-making authority designations for a child’s educational, healthcare, extracurricular involvement, and religious upbringing decisions. The Parenting Plan also provides a physical custody schedule including regular parenting time, holiday and school vacation periods, child custody exchange locations, communication provisions, and other conditions of custody for each party. A skilled child custody lawyer can help you establish a strong Parenting Plan.
FAQs
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Custody orders are to be in place for a period of 2 years or longer except when there is a material change in circumstances substantially impacting the child. What constitutes a material change is often case-specific, and judges must evaluate the unique facts of a case to determine if a modification of custody is warranted.
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Joint physical custody is an equal amount of parenting time for each parent. This often requires that parties live close to one another to ensure that children can get to school without issue and that there is minimal interruption in their day-to-day lives. Primary physical custody – also known as full custody – involves the child primarily living with one parent and seeing the other parent, who has secondary custody, on the schedule laid out in the Parenting Plan.
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Joint physical custody, or what is sometimes called 50/50 custody, requires that the child spend equal time with each parent. This concept requires that both parents live close to one another to ensure there is minimal disruption to a child's school or extracurricular activities.