Child Custody

Carolyn Torres-Mabe, AttorneyChild custody includes physical custody and legal custody. Physical custody is about who has parenting time with the child(ren) during weekdays, weekends, holidays, and during the summer break from school. A parenting time schedule can be tricky and requires a significant amount of detail. Legal custody addresses access to school and medical records and how decisions for the child(ren) are made. Most parents have joint legal custody so that both parents have access to medical/school records and together discuss major child-rearing issues.

In the event of disagreement over a major child-rearing issue, such as issues involving education, non-emergency health, extracurricular activities, and religion, one parent must have the ability to make a final decision. There are some situations in which sole legal custody may be appropriate such that only one parent has final decision-making authority and access to records. Georgia law requires that a Parenting Plan be submitted in any case involving custody of a minor child, whether it is a divorce, modification, or legitimation.

There are many other issues that can be addressed in a parenting plan, such as how the child(ren) communicate with each parent, how the parents communicate with each other, and how school/medical records for the child(ren) are shared between the parents.

I can guide you through the establishment of a parenting plan within a divorce or legitimation proceeding or through the modification of a pre-existing parenting plan through a modification proceeding.

Contact me.