Ways a Parent Can Lose Custody in Atlanta

After divorce, many parents assume that their custody agreement is “written in stone.” However, family courts in Georgia may alter these agreements unexpectedly– especially if they believe the child is in danger. As a parent, you run the risk of losing custody after various life changes described under Title 19 of Georgia’s Domestic Relations Provisions. Here are a few surprising ways in which a parent can lose custody in Atlanta:

 DUIs 

A DUI conviction could potentially cause a parent to lose custody of their child. If you share custody, your ex could argue that your DUI conviction highlights your lack of fitness as a parent, your ethical problems, and your lack of safety. That being said, everything depends on the facts of your specific case, and the severity of concerns posed by a DUI conviction may vary in different circumstances. . If your child was endangered or injured by your intoxicated driving, custody issues could be severe.

 Moving Too Far Away

 The simple act of moving away from your old neighborhood could cause serious custody issues. Georgia considers various factors when determining the best interests of children, and one of the most overlooked is the distance between family homes. If you move away, your child might be forced to spend hours each week traveling back and forth from your ex’s residence. This issue is common in the metro Atlanta area. A family court may decide that this travel time puts excessive stress on your children. As a result, your parenting schedule could shift toward primary physical custody for your ex.

 Parental Alienation

 It is deceptively easy to criticize your ex in front of your children and you should be careful to avoid doing so. A single remark could cause problems with your custody agreement, and family courts may consider this a form of “parental alienation.” Even if you do not directly criticize your ex when speaking to your child, they may overhear your comments to others. They might also read your public statements – including social media posts that accuse your ex of wrongdoing.

 Animal Abuse 

Animal abuse may fall into the general category of “domestic violence” in the eyes of Georgia family courts. Animals are family members, and physically disciplining your dog could pose problems.

 Mental Health Diagnoses 

Georgia family courts consider your mental and physical health when determining your fitness as a parent. If you receive a new mental health diagnosis, your ex could attempt to use it against you. Remember, substance abuse is technically a mental health disorder.

What to do?

 Above all, the court is concerned about how your actions may affect your children. You will be best served by keeping your children’s best interests at the forefront of your mind.

 Fight For Your Custody Rights with Kaye, Lembeck, Hitt & French 

If you’re facing the risk of losing custody of your children, it makes sense to get in touch with an experienced child custody lawyer in Atlanta. Choose Kaye, Lembeck, Hitt & French to get started with an action plan right away. We can help you fight for your rights as a parent.

Sources: 

legis.ga.gov/api/legislation/document/20212022/196411

childwelfare.gov/resources/determining-best-interests-child-georgia/