Fayetteville Child Custody Attorney
Support for child custody and family matters in Fayetteville. Call (770) 740-6350 to discuss your case with an experienced, responsive legal team today.
Helping Fayetteville Parents Navigate Child Custody Matters in Georgia
When it comes to family law, child custody is one of the most complex and emotionally charged issues the courts have to deal with. If you have children and are going through a divorce, a child custody case is automatically created as part of the divorce proceedings. In some cases, the parents are able to agree to custody and everything goes smoothly. However, in many others, it doesn’t take much for a full custody battle to erupt, and these cases can go on for months and even years before they are finalized. There is a lot of misinformation regarding child custody laws and how the courts deal with these cases, and it’s common for clients to believe that they will automatically be awarded custody when this is not the case. Find out how custody works and what you need to know below.
When you need to take action to protect your children, you need a child custody lawyer who has the experience and is ready to work on your behalf. Custody issues can escalate quickly, and it’s important to have representation you trust to answer questions, provide legal counsel and represent your interests.
What Are the Primary Factors That Go Into Determining Custody?
Determining child custody is a complex issue in the family court system. The courts recognize that children do best when they have frequent contact with both parents (presuming the parents are healthy), but this can prove difficult after a divorce. When determining child custody, the courts look at many factors, including:
- Which parent has been the primary caretaker
- The financial standing and stability of both parents
- Whether there have been any allegations or evidence of abuse or neglect
- Domestic violence allegations or convictions
- The ability of both parents to actively foster a relationship between the children and the other parent
The state of Georgia doesn’t have a default presumption of what’s best for custody, which means that primary, joint or sole custody can be awarded (and either parent named the custodial parent), depending on the facts of the case.
What Is the Difference Between Physical Custody and Legal Custody?
Child custody is a blanket term that includes both physical and legal custody, but it’s important to understand the difference between these two aspects of custody.
Physical Custody
Physical custody refers to where the child spends their time. This used to be called visitation, but most of those in family law prefer to use the term parenting time, as it better exemplifies the purpose of this type of custody. Physical custody can be full or joint.
In the past, it was common for one parent to be named the custodial parent and the other parent to only get every other weekend and one weekday evening per week. However, in recent years, there has been a shift to more flexible parenting time plans, such as 2-2-3 schedules or week-on-week-off schedules.
Legal Custody
Legal custody is separate from physical custody and visitation. This aspect of custody focuses on who has decision-making ability when it comes to the children. This commonly includes decisions regarding the child’s health care and the child’s education, but it can expand into other issues as well. Legal custody arrangements can also either be full or joint. When a parent has sole custody, they are the primary decision-maker. If the non-custodial parent disagree with a decision the custodial parent makes (and the non-custodial parent does not have final decision making authority in the area of dispute) they will have to seek court action. In a joint custody arrangement, the parents have equal say when it comes to decisions, and if they are unable to come to an agreement on a matter, then the court order will decide. It is important that you have experience representation from the start so that you do not have any delay or additional expense with going back to court because your Order is not clear.
How Do I File for Custody in Georgia?
If you want to make an initial child custody filing or need to modify an existing child custody order, you will need to start a child custody proceeding in the Georgia family courts. If you don’t already have a custody agreement in place, you can work with an child custody attorney to draft an initial filing. Child custody must be decided as part of divorce proceedings, but there are also cases where custody is handled by itself, such as when a couple wasn’t married. If both parties can agree on a custody arrangement, a proposed parenting plan is filed, and a court date is set. If the judge agrees, they will make the parenting plan an official custody order.
In cases where there is a child custody dispute regarding an order already in place, you will need to file a motion to change the current order. You need to be able to show a compelling reason for the change, and that reason needs to align with the child’s best interests. For example, asking for a change in custody because you are moving out of state for a better job that will increase the child’s quality of life is a better reason than because you don’t want to have to see the other parent every week.
Is It Possible to Change an Existing Custody Order?
Child custody agreements are open to change, and this happens frequently due to the changing needs of children as they get older and other life changes. If you have a child custody agreement and you need to make a change, it’s best to talk with an child custody attorney before moving forward. They can advise you on whether it might be a good idea to attempt to get the other parent to agree to the new custody arrangement before filing or whether it is likely to end up going to trial as part of a custody dispute.
Do Grandparents Have Rights in Georgia?
Grandparents’ rights cases are a controversial topic in family law, with each state deciding whether they want to provide some legal protection for grandparents to be able to get court-ordered visitation with their grandchildren. Georgia does allow grandparents’ rights cases. This means that a grandparent of a child does have the ability to file a request with the courts to have visitation with their grandchildren. However, the courts also recognize that the parents have the right to raise their children as they see fit.
In general, grandparents need to be able to show that they have had a close relationship with the grandchild and have had frequent visitation and/or provided basic necessities to the minor child regularly. Grandparents’ rights cases often involve cases where one parent has passed away or is incarcerated, so the grandparents can’t see the children during that parent’s parenting time.
Whether you need to make a filing in regards to a child custody issue or you need to respond to a dispute already in progress, a child custody attorney from Lunn Law LLC can help. Call our office at (770) 740-6350 to schedule your Case Assessment and get started.
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Frequently Asked Questions
What Can I Expect During My First Conversation and Case Assessment Meeting?
Your first step with Lunn Law LLC begins with a case evaluation with our team. During this initial conversation, we’ll gather basic details about your situation and explore how your needs align with our services. If we identify that our firm’s strengths match your needs, you will then meet with an attorney at our firm during your case assessment to discuss your goals, timelines, and the next steps.
This conversation is designed to bring clarity to your legal path, reduce uncertainty, and provide space to ask questions. Many clients leave this first step feeling more at ease, knowing they have both a plan and support in place. It often feels like a new beginning or a fresh chapter. For many, this is a step toward resolution and peace of mind. We are here to guide your path forward.
What’s the difference between a will and a trust in estate planning?
A will outlines how your assets should be distributed after your passing, while a trust allows for management and distribution of those assets during your lifetime or afterward. Both tools serve different purposes depending on your goals, and we help determine what structure best suits your needs.
Do I need a prenuptial or postnuptial agreement?
A prenuptial or postnuptial agreement can help establish clear financial expectations in a marriage. While not every couple chooses one, these agreements may be helpful when significant assets, business interests, or children from previous relationships are involved.
How does your firm approach high-net-worth divorce cases?
High-net-worth divorce cases often involve complex property interests, business valuations, investment accounts, and long-term financial planning. Our Atlanta divorce attorneys work closely with clients to address the legal and financial layers involved, helping them take thoughtful steps toward fair and practical resolutions.
How is a military divorce different from a civilian divorce in Georgia?
Military divorces involve additional legal considerations, including federal protections, jurisdiction rules, and military benefits. At Lunn Law LLC, we assist service members and spouses by addressing these complexities, such as dividing military pensions, handling deployments, and confirming proper service under the Servicemembers Civil Relief Act (SCRA). Our attorneys offer structured support to help military families move forward while protecting their rights under both Georgia and federal law.
Professional Associations
Our firm is dedicated to providing effective representation to every client. We guide clients with compassion and strategic advice, supporting them through every step of the divorce process. We have experience handling a wide range of family law issues, including divorce, child custody, support, and modifications.
Client Success Stories
Hear directly from our clients about their experiences working with our Metro Atlanta divorce attorneys and family law team. These testimonials reflect our commitment to professionalism, compassion, and client-focused legal service across Georgia.
This firm is very professional! Although we did not always understand the process, Robin was always there to help! She continually followed up with us and kept us informed as we waited and whenever I had questions, she replied immediately!
This firm is very professional! Although we did not always understand the process, Robin was always there to help! She continually followed up with us and kept us informed as we waited and whenever I had questions, she replied immediately! Once our case was finalized, all documents were sent to us in a very professional notebook with a check containing the remainder of our balance! I can definitely recommend this Lunn Law firm!
Lunn Law LLC is hands down the best law firm I’ve ever done business with. They are warm and inviting. I felt like I was part of the family. My very first consultation with attorney Tiffany Lunn-White started with her asking me to speak about myself personally. And that did it for me. They were very thorough and on point with everything I needed. I highly recommend this firm.
Questions or Schedule A Case Assessment Now. Click to Call (770) 740-6350
Questions or Schedule A Case Assessment Now. Click to Call (770) 740-6350
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