In a divorce, assets are split. The house, the car, the dog, the photographs, the joint accounts, the debt, everything is divided between the two parties. Unfortunately, if there are children involved in the case, the children’s time between the parents must also be split. Child custody is the parent’s right and responsibility to protectively care for or guard his or her children, and even in an uncontested divorce, one must fight to keep custody of one’s children. The article below details some of the nuances involved in acquiring custody in uncontested divorce cases.
Please note: child custody cases have different constraints and regulations depending on the U.S. state in which you’re currently residing. The article below details the particulars of custody cases under Georgia law. For example, after negotiating a child custody agreement in Georgia, the agreement’s details must be documented in a Parenting Plan, which will need to be signed by both parents and filed with the court. See O.C.G.A. § 19-9-1. Because of the strict requirements for Parenting Plans and all the other documents required for a Cumming Georgia uncontested divorce, is always recommended to have an attorney help you with your case. For example, vagueness in a Parenting Plan can cause the plan to be unenforceable, as ruled by the court in Williams v. Williams S17F0674 (2017).
What is Legal Child Custody in Georgia?
Legal custody of a child is the legal process of deciding which parent will make the major decisions in a child’s life after a divorce. This includes medical, religious, extracurricular, and educational decisions. In a legal custody decision, how a child’s time will be divided between two parents is also decided.
What is an Uncontested Divorce in Cumming Georgia?
An uncontested divorce is a divorce in which both parties agree on how to split assets and debts – very little legal argumentation is needed by this method. If the parties involved have children, the uncontested divorce includes an agreement on child custody as well. Unlike contested divorce, in an uncontested divorce, this negotiation is done outside of a courtroom and generally results in more peaceful discussion and resolution.
Negotiating Custody in a Cumming Georgia Uncontested Divorce
Arguing for custody in an uncontested divorce is quite different from arguing a court case. If you’re amicable with your co-parent uncontested negotiations can be civil, calm, and much easier on the child. However, there are still some things to keep in mind during negotiations.
- Custody Arrangement: There are many different types of custody situations that differ in visitation times, schedules, and overall interaction between parents. Agreeing on how your child will spend its time between you and your co-parent is a key part of custody. Acquiring legal advice regarding custody laws is a fantastic idea to create the best individualized arrangement.
- Cooperation: Keep things professional. Listening and cooperating with your co-parent usually can make the custody situation easier for everybody.
- Scheduling Time: Flip-flopping your child between you and your co-parent’s place of residence is difficult for everybody involved. When devising a custody arrangement, make sure the plan fits everybody’s needs.
- Future Needs: As a child matures and grows, the child’s needs and wishes change. Consider extracurricular activities, school, religion, and desires when creating your custody arrangement.
- Child Support: Even in uncontested divorce with evenly split custody arrangements, child support is still a significant question to consider. It is highly recommended to have a legal advisor when determining any child support plan.
Negotiating Mistakes in Cumming Georgia Uncontested Divorces
Here are some common mistakes to avoid when arguing for your child’s custody.
- Anger: Short of domestic violence or abuse, the flaws of your other co-parent aren’t relevant. To make the best impression on a mediator and make the strongest case for why you deserve custody, you should talk yourself up rather than your co-parent down.
- Forgetting the Children: Losing time with one’s mother or father can be very difficult in a child’s life. Even if you despise your co-parent for whatever personal reason, remember that it’s still necessary to cooperate with each other for the sake of your child.
- Going Off the Books: Any arrangement or agreement that you and your co-parent make should be documented. Legal frustrations down the road are easily avoided if there exists proper documentation for every step of the custody process.
Divorce is a tricky, strenuous decision in one’s life; don’t go through it alone. Your children matter to you, so to find out more about legal custody of a child. Call 770-709-1247 to have a helpful discussion with one of our highly experienced divorce attorneys today. We offer free consultations to qualifying potential clients and offer weekend appointment, so don’t hesitate. Contact >
Updated: 2022-08-14
