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Breaking Down Georgia’s Child Custody Law

How Does a Georgia Judge Decide What is in a Child’s “Best Interest”? As a preliminary matter, and in contrast to the way the law used to be in the past, Georgia law explicitly provides that “there shall be no prima-facie right to the custody of the child in the father or mother. There shall be no presumption in favor of any particular form of custody, legal or physical, nor in favor of either parent.” O.C.G.A § 19-9-3(a)(1). Rather, Georgia...

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Governor Kemp Clarifies Shelter in Place Order’s Effect on Custodial Arrangements

On March 14, 2020, Governor Kemp issued Executive Order 03.14.20.01 declaring a public health state of emergency in Georgia to stop further spread of Covid-19. He then issued Executive Order 04.02.20.01, directing all residents and visitors of the state of Georgia to practice social distancing and to shelter in place in their homes. As with most shelter in place orders nationwide, there was a great deal of confusion and concern over its exact...

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Alpharetta Child Custody Lawyers Answer Custody & Visitation FAQs

What does “custody” mean? In Georgia, the term “custody” actually refers to two different concepts: physical custody and legal custody. It is important that parents understand the distinctions between the two as they work through the custody process. Physical Custody. Physical custody refers to where a child will live and who they will live with. Often, parents share physical custody of their children (known as joint physical custody), with one...

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Do Kids Get a Say in Georgia Child Custody Arrangements?

Children do not have say in whether or not their parents will get divorced, even though  divorce impacts children the heaviest. Their lives are forever changed, no matter how amicable the separation. Generally, the biggest disruption comes with dividing time between parents when determining custodial arrangements.  Older children, usually age ten and up, tend to have strong feelings about where and who they will live with.  If the parents are...

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