Two types of custody in the Georgia courts.  Do not be confused.  If you are both the parents of the child, then certain rights will flow from that.

1.  Legal Custody refers to decisions that parents make for their minor children.

2. Physical Custody refers to where the child lives.

Can the Parents Make Their Own Decision on Custody?

Yes.  This is often the case.  Most times the parents choose the mother, but sometimes they choose the father.  If they can agree, then the court will rarely interfere with that decision.  But, what if the parents cannot agree on who gets custody of the minor children?

Who Determines Custody?  The Judge or a Jury?

A judge is the person with the power if the parents can’t agree on this.  A jury is not allowed to make this decision even if the parties wished that to be the case for some reason.

Can Dads Get Custody in Georgia?

Of course, fathers have rights in Georgia.  Fathers have the exact same rights.

Can Custody Be Determined on a Temporary Basis until the Divorce Is Complete?

Yes, but this requires a further discussion of temporary hearings and the use of a rule nisi. We can go into depth about the issue of child custody laws in Georgia.  Call Joseph P. McClelland, LLC at (404) 381-8584 for a consultation.  The issue is too important to be dealt with lightly on the telephone.  Call my office to set up an appointment.

Joseph P. McClelland, LLC

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