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Child Custody Accomplished Legal Professional Using Insights from Both Sides of the Law

Cumming Child Custody Lawyer

Protecting the Well-Being of Your Child

Family courts in Georgia will primarily consider the best interest of the child when making custody decisions. Whatever the judge decides is best for the child will overrule the preference of either parent. The state considers each custody case individually, and there are many factors that the judge will look into before determining how to grant custody. If you will be seeking child custody, prepare yourself for the experience in family court by familiarizing yourself with Georgia’s child custody laws. At The Epps Law Group, our Cumming child custody lawyer is prepared to work with you to ensure that your child is getting everything they need.

Your Child’s Best Interests

When researching child custody, you will see the phrase “best interests of the child” appearing frequently, but that term can seem intimidatingly vague to parents about to enter a custody case. How does the judge determine what is in a child’s best interests? If the child is old enough, their own opinion will be taken into consideration. Children over 14 can make a “custody election” and choose which parent they’d prefer to live with (though the judge may overrule it), and children between 11 and 14 will have their wishes taken into account.

Deciding Child Custody

The court will also be looking to understand the relationship the child currently has with their parents and any siblings, and how any custody arrangement could impact that. The safety of the home environment and each parents’ ability to provide financially are important considerations, as is the emotional/physical health of the parents. The judge will consider how involved each parent currently is in the child’s everyday life and social/extracurricular activities, how much flexibility they would have to care for the child, and how willing they are to cooperate with the other parent. Obviously, any criminal activities or evidence of domestic abuse will be taken very seriously by the court.

Legal Custody vs. Physical Custody

Once the judge feels they have a solid understanding of the situation in the family, they will rule on custody. There are two types of custody in Georgia: legal custody and physical custody. A parent who has legal custody has the legal authority to make decisions regarding the child’s life, such as where they go to school, when medical treatment is necessary, and what kind of religious upbringing they receive. The judge may award sole legal custody to one parent, though more commonly parents will share joint legal custody.

Physical custody is sometimes also referred to as “residential custody” since it refers to where the child resides the majority of the time. In many cases, one parent receives sole physical custody while the other has generous visitation rights. Usually, a non-custodial parent is granted unsupervised visitation rights, though in some cases a judge may require supervised visitation. Another responsible adult (often a relative or family friend) must be present for the duration of a supervised visit. Joint physical custody is sometimes called “shared custody” or “dual residence.” The child’s time is divided up mostly equally between both homes. It is important to note that legal custody and physical custody are awarded independently. One parent may have sole physical custody while still having joint legal custody.

Parenting Plans in Georgia

The state of Georgia also requires parents to submit a parenting plan as part of custody arrangements. The creation of a parenting plan is an important step for two parents in shaping the future reality of the family. The plan should recognize that it’s in the best interests of the child for them to maintain a close relationship with both parents and for their life to be interrupted as little as possible. Both parents should also acknowledge in the plan that the parent with primary physical custody will need to make day-to-day decisions regarding the child.

In the parenting plan, the parents will also agree on how holidays, birthdays, vacations, and other special events will be handled. It should outline how major decisions about the child’s education, religious upbringing, etc. will be made – does one parent have primary decision-making power, or will these decisions be mutual? If the parents are sharing decision-making duties, the plan should also detail how disagreements will be settled. When parents cannot agree on a parenting plan, the judge may choose the proposed plan that they deem is in the best interests of the child.

Is It Better To Get A Lawyer For Child Custody In Georgia?

Georgia has its own unique set of regulations that judges follow when awarding custody. If you and the other parent of your children are divorcing or breaking up, you need to understand the basics of Georgia child custody laws.

Let The Epps Law Group Help You

Because of the seriousness of the situation and the complexity of these laws, it is important to have the guidance of a Cumming family law attorney with experience in determining child custody in Forsyth and Gwinnett Counties. You will want an experienced family advocate working on behalf of you and your family.

Reach out to us today at (678) 257-4507 to schedule your free consultation! We know how important your child’s life and well-being is to you, and we are prepared to do everything in our power to ensure that they are getting the care they need.

 

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READ WHAT OUR CLIENTS ARE SAYING ABOUT US
    "Attorney Epps and his paralegal, Elicia, worked wonders for me!"
    Attorney Epps and his paralegal, Elicia, worked wonders for me! It was a really scary time, and they both reassured me and got the best result I could have hoped for for my case.
    - Lucie F.
    "I am so grateful for meeting this man."
    I don’t even know where to start when it comes to Kyle Epps. I walked into his office 3 years ago and the charges I had called for prison time. He gave me an outline on what to do, and of course, I said I’ll do this and this but not that. He pushed me hard and gave me every tool I needed to stay free. Three years later I went to court and walked out just about a free man. Not only didn’t his way work in the courtroom but it’s changed my life in every single way you could imagine. He was very stern, but he totally knew what he was talking about. His plan is 100%, it’s just a person has to do the footwork. He’s very professional and his team is on top of everything so you don’t slip through the crack. I am so grateful for meeting this man, I would not be the person I am today clean and sober if I didn’t walk into that office 3 years ago.
    - Anthony C.
    "Kyle and Elicia were beyond fantastic!"
    Kyle and Elicia were beyond fantastic! I never dreamed like most people that I would be faced with being told I want a divorce, especially after 15 years years. But they were there to make the process as easy as possible and as civil as possible and keep the kids 1st. I eventually made it through still sane all thanks to Kyle and his team. I can't say enough great things and another HUGE plus is they were beyond reasonable cost-wise! They will be my go-to for any other needs in the future.
    - Amy B.
    "I trusted him. This was the best decision I made."
    After researching for several days, I spoke to several attorneys and, The Epps Law Group was my final choice to represent me for my Simple-Battery case. Before I hired this team, I spoke to Attorney Kyle Epps directly, which made a big difference. He outlined a plan for me and said, “if you stick to the plan I give you, you will be ok”. As vague as that response was, I trusted him. This was the best decision I made.

    From the moment I began working with their team, I spoke to one of their Paralegals, Elicia Davis, assigned to my case. I cannot express how knowledgeable, non-judgmental and helpful Elicia was with navigating me through my case. It was my first time dealing with the Forsyth County courts and legal system and I had gone through an emotional rollercoaster for the first couple of months. Elicia checked in constantly throughout the early stages and did everything she could to comfort my anxiety and stick to Attorney Kyle Epps’ plan.

    As promised, I stuck to the plan 100% and I received news that my case was dropped, I no longer needed to go to court and I only need to address a fine and attend classes. I strongly believe that Attorney Epps’ work experience in the Forsyth courts, relationships with the prosecutors, and background as a police officer in Forsyth County gives his clients an advantage. He is well respected and is more than familiar with the process. His plan works and I honestly believe I would not have had the same outcome if I did not have The Epps Law Group on my side.
    - Earl A.
    "Good work, Kyle, and thanks again!"
    Kyle did his job well for me. I was struck with a DUI last year. Knowing nothing about this I hired Kyle, due to his extensive background in law enforcement and the knowledge he provided. He laid out everything about the case during our free consultation, and it made sense. He saved my license by calling for an ALS hearing and got my charge knocked down to reckless driving. I would never have been able to do that myself, especially with an already busy schedule. Good work, Kyle, and thanks again!
    - Dylan P.
    "Kyle was amazing to work with!"
    Kyle was amazing to work with! He highly exceeded my expectations and was very friendly and helpful. I have had other family members work with him and he has been overly helpful and an amazing experience to work with!!
    - Molly P.
    "Kyle did a great job on my daughter’s case, and we are very thankful."
    Kyle did a great job on my daughter’s case, and we are very thankful. Things would have been much different had we not had him as our attorney. Communicating with his office is so easy. They have a client portal that you can log into to see appointments, documents, and messages. Elicia, his paralegal, is a pleasure to deal with as well. Highly recommend Kyle.
    - Diane K.
    "He exceeded my expectations at every point."
    Kyle helped me with a family law matter and also with having a stolen car returned. He exceeded my expectations at every point. He was always available, thoughtful, knowledgeable, courteous and matter of fact. From the beginning, I always felt he had my back. If any of my friends, family, or acquaintances ever need an attorney, I will recommend Kyle.
    - Paul P.
Uniquely Experienced Defense Attorney

With a background as a police officer, prosecutor, and Judge Pro Tem, The Epps Law Group can provide you or your loved one with detailed and trusted representation. Our attorney has been involved in the criminal justice system for more than 30 years. Put our experience on your side.


 

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Why Choose Us?

See What Sets Us Apart
  • Dedicated Team
    Skillful legal counsel that carefully and meticulously examines all aspects of the case for critical information.
  • Unquestioned Integrity
    A reputation of treating judges and prosecutors with honesty allowing him to be taken seriously when it could matter the most.
  • Former Police Officer
    The knowledge that comes from a former police officer to serve clients needing accomplished criminal defense representation.
  • 30 Years of Experience
    Over 30 years of legal experience as a prosecutor and Judge Pro Tem, we can use insights from that experience to help you.