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Legal Requirements for 50/50 Custody in Georgia. Georgia state law encourages parents to share legal custody of the child as equally as possible. This means that both parents get to make important decisions about the childs life and upbringing. Physical custody, on the other hand, defines where the child will live.
To petition for emergency custody, draft a Motion for an Emergency Hearing explaining the urgent issue, and file it with the court. You should hire an attorney to write this, as it influences how soon the court hears your case. Typically, youll have a hearing within 24 hours of filing the motion.
Primary physical custody schedules Among parents who split parenting time 60/40, the every extended weekend schedule is popular. It has children spend weekdays with the primary parent and a long weekend with the secondary parent.
Sole custody is very unusual and it means (whether in terms of legal or physical custody) that all of the custodial rights are assigned to one parent and the other parent has no rights. Having sole custody, however, does not alleviate the other parent of their obligations, such as child support obligations.
The term primary custody isnt actually in Georgia law. Instead, Georgia Code Section 19-6-15 uses the term custodial parent, defined as the parent with whom the child lives more than 50 percent of the time. In other words, the custodial parent gets primary physical custody.
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Georgia courts most commonly award both parents joint legal custody and give one parent primary physical custody. Joint legal custody allows both parents to make major decisions for their children. Their parenting plan (more below) specifies how they will divide or collaborate on decisions.
Georgia recognizes two types of custody physical and legal custody. A parent with physical custody lives with the child. Parents can share physical custody (called joint custody) or one parent may have sole physical custody. When parents share joint custody in Georgia, they have roughly equal time with the child.
The Georgia courts do not give preference to mothers when deciding custody issues, so fathers should not be at any disadvantage when seeking 50/50 custody.
Legal Definition of Father in Georgia In Georgia, both the mother and father who are married have equal rights as parents. However, it is important to note that if the parents are unmarried, only the biological mother has legal and physical custody rights to the child.
Primary physical custody schedules Among parents who split parenting time 60/40, the every extended weekend schedule is popular. It has children spend weekdays with the primary parent and a long weekend with the secondary parent.

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