Considerations in Deciding Custody & Visitation
Our Skilled Child Custody Attorney in Cumming Can Help
At The Epps Law Group, we understand how challenging it can be to address the most sensitive issues in a divorce – often, how the best interests of the children will be served by the divorce settlement. Our Cumming divorce attorney has assembled a brief list of questions to reference as you move forward. Bear in mind that this list is simply meant to facilitate discussions regarding a child custody and visitation. It is not meant to serve as legal advice, nor are all the items listed required for any agreement. Please just use this list to formulate a rough outline of the terms of any custody agreement and visitation schedule; later those terms can be reviewed with the attorney at our firm.
Physical & Legal Custody
- Which parent will the child primarily live with, i.e., who will be the custodial parent?
- Will the parties share legal custody?
Physical custody refers to where the child lives and who has responsibilities
associated with daily childcare.
Legal custody is the decision-making responsibilities associated with the
education, healthcare and religious upbringing of a child.
Which parent will have final decision-making authority if the parties cannot reach an
agreement on a certain decision?
- Will final decision-making authority be split according to what the issue is?
- Who will claim the child(ren) on their taxes?
According the Internal Revenue Code, the custodial parent is entitled to the
income tax deduction
However, the parties can agree otherwise, thus allowing the non-custodial
parent to claim the children on certain years.
- Who currently provides insurance for the children?
- Will that party continue to provide insurance?
If the insurance will continue what must the insurance cover (vision, dental, medical,
- Are there any other requirements regarding maintenance of the insurance coverage?
Uninsured Medical Costs
- Will the parties split the necessary uninsured medical costs?
- If so what do the parties deem necessary?
How will the split occur (generally the best way to do this is to use the
determined by the child support worksheet, or simply split 50/50)?
Must the parties consult with each other prior to obtaining treatment that is
uncovered, provided there is no emergency?
- Which party will pay for any needed child care, or will that be split?
- Is there a cap on how much the party must pay?
- Who is authorized to pick the child up from day care?
Who is responsible for ensuring that the other’s name is on a list
of people who can
pick the child up?
- For a standard visitation schedule, please see the attached example
- Are there any limitations on visitation?
For example: No alcohol during visitation; no drug use during visitation; no
overnight guests who are not related by blood or marriage during visitation; the
child(ren) cannot leave the state, without prior approval by the custodial
parent, during visitation, etc.
- What is the visitation schedule?
A normal visitation schedule generally consists of every other weekend and one
night per week (overnight or simply dinner time).
- Christmas – how will you split this time?
- New Years – how will you split this time?
- Thanksgiving – how will you split this time?
- Labor Day – how will you split this time?
- Memorial Day – how will you split this time?
- July 4 th – how will you split this time?
Generally alternating holidays every other year helps ensure sufficient
parenting time on these holidays for both parties.
- How much time will the non-custodial parent have during the summer?
- Will the time be consecutive or split?
Will one party get to choose when the parenting time will occur, if so which
party, on which years and by when will they notify the other party?
Birthdays, both the child(ren)’s and the parents? Determine whether
and when parents
will each have visitation on these days
Mother’s Day and Father’s Day – generally these are given
the respective parent
regardless of the other visitation schedule. Please note if this is not acceptable.
- Any other special conditions concerning visitation?
Picking Up The Children
- Where will the non-custodial parent pick-up and drop-off the children?
Who will cover the cost of travel if one party lives more than 30 miles
away from the
- If one party decides to move, how soon must they notify the other party?
Will there be a renegotiation of visitation and custody if a party contemplates a move
outside the State of Georgia?
Please review the child support worksheet and provide all the necessary
order to allow a determination of the appropriate child support amount.
- The most important information includes:
- Gross monthly income of both parties;
- Child care costs (monthly);
- Health Insurance costs for child(ren) (monthly);
- Dental Insurance costs for child(ren) (monthly);
- Monthly costs for extracurricular activities.
Reach out to our child custody lawyer in Cumming today. We are committed to providing our clients the dedication and skill they need!
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