Best Child Custody Lawyers in Marietta

About Child Custody Law in Marietta, United States

Child custody law in Marietta, Georgia, forms a crucial part of family law, governing the legal and practical relationship between parents and their children following separation or divorce. The courts in Marietta, like those throughout Georgia, prioritize the best interests of the child when making custody decisions. Child custody can cover both physical custody, which determines where the child lives, and legal custody, which relates to decision-making authority regarding the child's upbringing, education, and healthcare. Custody can be awarded solely to one parent or jointly to both, depending on a variety of factors considered by the court. Understanding how the local legal system handles these matters is important for any parent or guardian navigating custody issues in Marietta.

Why You May Need a Lawyer

Child custody disputes can be emotionally charged and legally complex. You may need a lawyer in Marietta for several reasons, including:

• Filing for custody as part of a divorce or separation.
• Responding to custody claims made by the other parent.
• Modifying an existing custody order due to changes in circumstances.
• Seeking to relocate with your child or objecting to the other parent's plan to move.
• Allegations of abuse, neglect, or substance abuse by either parent.
• Non-parental custody cases, such as situations involving grandparents or other relatives.
• Conflicts over visitation rights, child support, or enforcement of current orders.

Local Laws Overview

Marietta falls under Georgia state law, which governs all child custody matters in Cobb County and beyond. Key aspects of child custody law in Marietta include:

• Best Interests of the Child: Georgia courts, including those in Marietta, are required to make custody decisions based on what serves the child's best interests. This can include factors like each parent's home environment, emotional ties with the child, ability to care for the child, and, depending on age, the child's own preferences.
• Types of Custody: Georgia law allows for legal custody (decision-making rights) and physical custody (where the child primarily lives). Custody can be joint or sole, and it is common for parents to share legal custody even if one has primary physical custody.
• Parenting Plans: Parents are typically encouraged to submit a parenting plan that outlines how time will be shared and how decisions about the child will be made. If parents cannot agree, the court will create a plan.
• Modification: If circumstances change, either parent can petition to modify the custody arrangement, but must show a material change in the child's or parent's situation.
• Enforcement: Violating a custody order can result in legal consequences, including contempt of court.
• Third-Party Custody: Under certain circumstances, non-parents such as grandparents or other relatives can seek custody if it is shown to be in the best interests of the child.
• Relocation: One parent seeking to move significantly with the child must notify the other parent and potentially obtain court approval if it interferes with current custody or visitation arrangements.

Frequently Asked Questions

What is the difference between legal and physical custody?

Legal custody covers decision-making authority for important aspects of the child's life, such as education and healthcare. Physical custody refers to where the child lives. Both can be awarded jointly or solely.

How do Marietta courts determine custody arrangements?

Courts consider the child's best interests by evaluating many factors such as each parent's capacity to care for the child, the child's relationship with each parent, the child's adjustment to home and community, and the preference of children aged 14 or older.

Can a child choose which parent to live with in Marietta?

A child aged 14 or older in Georgia can express a preference that is given significant weight, though the final decision still rests with the judge based on the child's best interests.

How do I change an existing custody order?

To modify an order, you must show a material change in circumstances since the original order. This requires filing a petition and demonstrating the change is in the best interests of the child.

What if my co-parent is violating the custody order?

You can file a motion for contempt in court. Violations can lead to enforceable remedies, and in some cases, modifications of the order or other penalties for the non-compliant parent.

Can grandparents get custody or visitation rights?

Yes, grandparents and other relatives may seek custody or visitation in certain circumstances, especially if it serves the child's best interests or if parental custody is not viable.

Is mediation required for child custody disputes in Marietta?

Cobb County courts often encourage or require mediation before a custody dispute proceeds to trial. Mediation can help parents reach an agreement outside of court.

How long does the custody process take?

The timeline depends on whether parents can agree or if the matter must go to trial. Uncontested cases can resolve in a few months, while contested cases may take longer.

What happens if one parent wants to move away with the child?

Relocating a child often requires court approval if the other parent objects or if it impacts the custody arrangements. The court will evaluate if the move aligns with the child’s best interests.

Do I need a lawyer to handle my custody case?

While not required, having a knowledgeable child custody attorney can greatly improve your understanding of the process, your rights, and your chances of achieving a favorable result, especially in complex or contested cases.

Additional Resources

Several organizations and government entities provide valuable resources and support for families facing child custody issues in Marietta:

• Cobb County Superior Court – Family Division: Handles child custody cases, provides forms, and has a self-help center.
• Georgia Legal Services Program: Offers legal support and resources for eligible families.
• Georgia Commission on Child Support: Provides calculators, guidelines, and forms related to child support and custody.
• Atlanta Legal Aid Society: Serves Cobb County citizens needing family law assistance.
• Children’s Rights Council of Georgia: Focuses on promoting the best interests of children in custody and visitation matters.
• Mediation Centers in Cobb County: Assist with resolving custody conflicts outside of court.

Next Steps

If you find yourself dealing with a child custody issue in Marietta, consider the following actions:

• Gather all relevant documents, including current court orders, communication records with the co-parent, and evidence supporting your position.
• Consult with an experienced child custody attorney familiar with Cobb County courts to review your case and get professional advice tailored to your situation.
• Consider mediation or alternative dispute resolution if both parties are open to compromise, which can be faster and less adversarial than court.
• If you have immediate concerns about your safety or your child’s safety, contact local law enforcement or seek help through domestic violence shelters and hotlines.
• Use the resources listed above for support, legal information, and assistance in navigating the process.