Divorce and child custody proceedings can be some of the toughest things people go through in life and in the legal system. Given the high financial and emotional stakes involved in many divorce and child custody cases, it is crucial that you hire a diligent attorney who will seek both to represent your interests well and assure that you and your family are treated fairly and not taken advantage of.
To end a marriage in Georgia, the proper legal processes must be followed. This can be a relatively simple process or very complex depending on the circumstances. And every case is different. Divorces can either be uncontested (meaning the terms are agreed upon) or contested (meaning that the terms of the divorce are not agreed upon). Issues to be resolved in a divorce often include child custody, child support, division of assets, and alimony. We will consider all of these factors when helping you through the divorce process.
At Wosnik Law, we will take the time to consider your case individually and carefully to help you select the best option for you and your family. We will also use our extensive courtroom experience to present your case to the judge or jury thoroughly and persuasively.
In Georgia law, there are two broad types of custody, “legal” and “physical.” When a marriage comes to an end and there are children involved, a custody arrangement will have to be determined.
Legal custody consists of the ability of a parent to make important life decisions for a child such as medical, educational, and religious decisions. A parent may have legal custody of a child but not necessarily physical custody. This is a crucial distinction. For important decisions that are made for the child, the court usually designates one of the parents as being the final decision maker or tie breaker in the event of a disagreement on the topics regarding health, religion, medical, and extra-curricular. This parent is often (but not always) the primary physical custodian.
Physical custody deals with where and with whom the child lives and, as with legal custody, can also be joint or sole. Joint physical custody means that the child will spend a substantial amount of time staying with each parent. Sole custody means that the child will spend almost all of his or her time with one parent and little or no time with the other parent.
To make the decisions about all custody issues, the judge in the case will balance several legal factors to determine what arrangement will be in the child’s best interest and will contribute the most to the child’s welfare. If custody is in dispute, this is where an attorney can make the argument to the court, in your behalf, regarding which party is best equipped to have custody of the child. If you are going through a divorce or child custody dispute, contact us today to schedule a consultation!
“Peter did a great job with our case, he was honest and efficient and stayed in contact with us throughout the process to keep us updated, he took his time to listen to our concerns and needs for the case and then executed them in the way we requested. I highly recommend usuing him for your Lawyer.”– Taylor via Avvo
“Because of Pete I won my case against DFACS. We are also in the process with another case! He’s very personable and answers every question and call. I will always hire him for any legal matters from here on out.”– Elisabeth via Avvo
B. W. v. P. W. – Child Custody Modification
Helped client get a temporary order making her the primary physical custodian of the children where before she only had visitation rights.
T. V. v. K. V. – Grand Parent Intervenor Custody Case
Helped grandparents receive primary physical custody of their granddaughter and child support from the father.
J. D. v. J. L. – Legitimation and Child Custody
Negotiated a settlement arrangement that required that father’s visitation be restricted to supervised visitation for 12 months and that visitation become unsupervised only upon proof of negative drug screens.
A. R. v. J. S. – Child Custody Modification
Persuaded judge to issue an order requiring father’s visitation become supervised on a permanent basis in the event that father could not produce a clean drug screen.
A. B. v. D. B. – Child Custody Modification
Helped client receive primary physical custody of her son through a child affidavit of election.
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