What is Sole Custody in Georgia?

Sole custody gives one parent both physical as well as legal guardianship of the child and the other parent is not given any rights, even visitation rights are denied to him. Such decision is taken by Georgia family court when it feels that it would be in best interest of child. Sole custody ruling is usually observed in divorce cases where domestic violence and child abuse were cited.

The family legal system in Georgia recognizes two types of custody – legal and physical. In the case of sole custody, a single parent enjoys both physical as well as legal custody of child involved. This means that the child would have only one residence and custodial parent would have rights to make all decisions in connection with her child. There is no need to discuss the child with the other parent.

There are cases where one parent is awarded sole legal custody but has to share physical custody. This means that the child would have two residences, and spends around thirty percent of his time with one parent. Sole legal custody gives only one parent right to make decisions even though he gets to stay with this child. All decisions have to be taken with permission from parent with legal custody.

Sole physical custody allows the child to stay with one parent but if legal custody is joint; all decisions have to be taken together. Sometimes in joint physical custody, one parent who is the non custodial parent is given visitation rights meaning he can come and visit his child on previously specified days as well as take physical custody of his child on specified days.

Usually the court prefers to give some kind of joint custody to both of the parents so that they play a part in the life of their child. Sometimes joint custody of any type is not in best interest of child and under the circumstances one parent is awarded sole custody. The factors considered while ruling such includes:

• History or violent and destructive behavior of one parent.

• Habitual use of drugs and alcohol leading to bad behavior.

• Threatens other parent of abducting child.

• History of endangering child.

Usually the other parent is not even awarded visitation right but certain times supervised visitation is allowed. Child custody is never awarded on a permanent basis and modifications are possible. One can request for custody modifications by filing a petition in family court if one of the parents is not satisfied with custody arrangements. With the help of an experienced divorce attorney they have chances of changing custody and those who were denied custody also stand to be reconsidered. Even other family members can file petitions for visitation rights in sole custody cases.