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Child custody challenges during and after divorce

When parents end a relationship in Georgia, the child custody agreement could prove more difficult to create than other decisions about splitting financial assets. A parent who disagrees with the other parent's approach to child rearing might dislike the concept of sharing custody. The law, however, follows the idea that both parents should have access to their children unless circumstances threaten the best interests of the child.

During the divorce process, the parents will need to establish a visitation schedule that details when the children spend time with each parent. The agreement should contain specific guidance about where, when and how exchanges of children are to take place. In some cases, following this agreement might prove difficult for one or both parents, especially if upsetting issues like unpaid child support or other disagreements create tension.

When emotions boil over, yelling, pushing or hitting might occur. Altercations of a violent nature might result ultimately in a loss of visitation rights for a parent. Calling law enforcement to a scene of conflict might only produce temporary relief because the police cannot alter an existing custody agreement. A parent would need to petition a family court to request permanent changes to custody and visitation.

A person involved in a child custody dispute might enlist the services of a lawyer. Legal representation could help the person navigate the court system and file the correct paperwork. A lawyer could gather police reports and witness testimony about the negative behavior of the other parent. This information could be presented to the court along with a proposal to switch to sole custody or reduce visitation time. To strengthen the case, a lawyer might highlight the emotional and physical benefits for the children if the court approves a change.

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