Who Gets Custody While a Divorce in Atlanta Is Still in Progress?

Many parents eagerly await the outcome of their custody cases, as this final decision will affect the life of the entire family. But what happens while you’re waiting for the family court to make its final decision? If parents choose mediation, who gets the children while these negotiations take place? These are important questions that you might want to explore alongside an experienced child custody attorney in Atlanta.

Temporary Child Custody Is Often the First Step After a Divorce Filing in Georgia

When one spouse files for divorce in Georgia, determining child custody generally becomes the priority for family courts. Issues like property division and alimony can generally wait, but courts often view the fate of children as a more important matter. As a result, interim or temporary child custody orders can occur relatively quickly after the divorce becomes final. The court may make decisions about custody relatively quickly while setting aside more detailed discussions for the final divorce and custody decision.

These “pendente lite” (pending litigation) decisions may be provided by the court relatively quickly, but they are still based on the child’s best interests. Parents have the right to express their concerns and desires for the temporary custody order, but the courts will generally focus on these “best interests factors.” These factors might include the child’s education, mental and physical health, safety, healthcare needs, and more.

The Potential Need for Emergency Custody Orders

In some cases, parents may need to request emergent custody intervention in order to ensure the safety of their children. These emergency custody orders are often necessary in situations involving child abuse, neglect, or domestic violence. If one spouse can establish that their ex is guilty of such misconduct, the court may award the non-guilty party sole custody while limiting the other parent’s custodial timewith the children.

Georgia Divorces Can Occur Relatively Quickly

There is no mandatory separation period that must be satisfied before a party can file for divorce in Georgia, which means that parents can finalize uncontested divorces relatively quickly. The first priority for most spouses is child custody, so this could be the first subject of discussion during a mediated divorce. Once the parents agree on a fair custody schedule, they can sumbit the schedule for approval by a judge. With the custody questions settled, the parents may then move on to other issues like alimony and property division.

Can a Custody Attorney in Atlanta Help Me? 

If you need to address custody-related questions before your divorce is complete, consider speaking with a family law attorney in Atlanta. These legal professionals can help you understand the basics of temporary child custody orders, emergency orders, and other legal steps that may occur before your divorce becomes final. Consider scheduling a consultation with Kaye, Lembeck, Hitt & French today to learn more.

Sources:

 georgia.gov/file-child-custody

pamms.dhs.ga.gov/dfcs/cws/22-12/