Joint Physical Custody Vs. Primary Physical Custody: Understand The Difference And Get Advice For Your Family's Situation

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Divorce or separation is nearly always difficult and worrisome, especially for parents who have previously cared for children together. Once two households replace the previous common family home, parents will typically care for children (each in their own homes, usually) according to a schedule or established percentage of time. Unless there is compelling evidence that a parent is unfit, family law courts generally presume that children will spend time with both parents on a regular basis.

Sorting Out The Terms Of Custody Arrangements Through Descriptions And Explanations

A custody order — whether it is part of a divorce decree or a standalone order — will spell out the terms of joint custody, if applicable. Joint custody may mean joint legal custody (decision-making authority) and/or joint physical custody (actual residence). In a joint physical custody arrangement, the child or children will likely spend substantially equal time with both parents.

Alternatively, the child or children may live with one parent most of the time and spend limited amounts of time with the other in a primary physical custody and "visitation" arrangement. One parent may even have full custody in the physical sense, but still share legal custody with the other.

The Guiding Principle Is Your Child's Well-Being

In all aspects of child custody and child support, family law courts expect to see clear evidence that a given arrangement is in the best interests of the child and conforms to established family law parameters. When loving, fit parents can agree on a workable parenting schedule and there is no reason for the court to oppose it, an arrangement may be smoothly attainable.

On the contrary, when parents have strong disagreements about custody, the case must be resolved through negotiations, mediation and/or litigation. Carmel W. Sanders Attorney at Law represents Georgia parents in child custody and child support cases, with a strong emphasis on safeguarding children's well-being as well as parental rights.

What Do You Need To Know About Joint Physical Custody Vs. Primary Physical Custody In Georgia? Contact Us.

Schedule a consultation to discuss your concerns about joint physical custody, primary physical custody and/or joint or sole legal custody. Call 478-207-5100 or send an email message to request a meeting with Macon lawyer Carmel W. Sanders at your convenience.