When Is It Worth Fighting for Child Custody in Atlanta?

Understanding when or if to pursue child custody battle can help parents protect their children while also avoiding unnecessary conflicts. Sometimes, this battle is truly worth the effort – especially if you’re concerned about your child’s welfare. That said, before going down this route, you might want to consider some of the options – including alternative dispute resolution (ADR), an example of which would include mediation with an experienced family law mediator. So, how do you know whether going to court is truly necessary during your custody battle in Atlanta?

Consider a Custody Battle if Your Child Is in Genuine Danger 

Obviously, it is worth fighting for custody if your child is in genuine danger. If you believe the other parent poses a serious risk to your child’s wellbeing, it makes sense to pursue a court order granting you sole physical custody of your child and/or limiting the other parent’s visitation rights and imposing appropriate safeguards, including alcohol and/or drug testing, anger management classes, etc.

There are also other examples of concerning behaviors by a parent, which may put the safety of the children at risk including child endangerment, such as driving while intoxicated with your children in the vehicle. If the other parent has a history of substance abuse that impairs their ability to provide a safe and stable environment for the children, this may also warrant court intervention

Direct forms of abuse, such as physical or sexual assault, demand immediate restraining orders with help from family law attorneys in Georgia. If you believe your child is being abused, you have every right to prevent the abusing party from coming into contact with the family immediately.

Child neglect is another serious issue, but it may be more subtle than direct physical harm. For example, a neglectful parent might have left your child at a school playground for hours. Perhaps they struggle to feed your child on time or provide proper clothing for outdoor activities.

When to Rethink a Combative Approach to Child Custody 

If your ex does not pose a serious hazard to your child, you might want to rethink a combative strategy during custody proceedings. You might be able to resolve your differences through private negotiations, and this could lead to a custody schedule that everyone feels good about.

Not only is this process less stressful (for both you and the children), but it is also more affordable for the average parent. In addition, it is less time-consuming allowing parents to wrap up custody proceedings within a few weeks or months. In contrast, a litigated child custody battle could take much longer to finalize.

For some parents, the thought of losing time with their children elicits strong emotional responses. However, one must be realistic about their child custody goals. If the other parent has not committed any serious misconduct, they may be entitled to spend roughly 50% of their time with the children. Family courts in Georgia believe that children benefit from the presence of both parents. Parents should also know that false allegations and lies during custody battles can backfire in spectacular fashion.

Can a Family Law Attorney in Atlanta Help Me With My Custody Battle? 

If you’re intent on pursuing a custody battle in Atlanta, a family law attorney may be able to help you achieve positive outcomes. That said, a lawyer can also help you assess potential alternatives – such as mediation. Consider discussing your options with the Atlanta family lawyers Kaye, Lembeck, Hitt & French – and schedule your first consultation today.

Sources: 

georgia.gov/file-child-custody

womenslaw.org/laws/ga/statutes/19-9-3-custody-child-best-interest-child-factors-finds-fact-review-retention