If you are going through a divorce and wish to gain custody of your child, you will have to file a child custody petition in the Superior Court of your county. The child custody petition will become a part of the divorce documents. After the petition has been filed, you have a responsibility to serve the custody papers to the other spouse by way of a process server or through the sheriff’s office.
The two different kinds of child custody
There are two main kinds of child custody: physical custody and legal custody. If the parent has physical custody of the child, it means that the child lives with that parent. If the parent has legal custody of the child, that parent is allowed to make decisions on behalf of the child.
If either kind of custody is shared between the two parents, only one parent will be considered to be the primary custodial parent and that parent will have the final word over all decisions concerning the child. The custody orders will be in effect until the child is no longer a minor (until age 18).
What happens if a child custody modification order is necessary?
More often than not, the original child custody order is the one that stands until the child reaches age 18. However, there are some circumstances under which the child custody order will need to be modified.
If a parent wishes to modify the child custody order, they can file a petition to do so. To successfully modify the child custody order, the parent must be able to show that circumstances have changed in a way that will impact the best interests of the child.
Solid advice from a knowledgeable family law attorney
If you are experiencing a similar situation, it may be advantageous to consult a knowledgeable Georgia family law attorney who can advise you about the best approach to take when seeking child custody. The attorney can help you every step of the way and can potentially make a tremendous difference to your case.