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Child Custody

In the state of Georgia, all custody disputes shall be resolved in the best interests of the child. Given this fact, the court may award both sole or joint custody. If the spouses want to share custody, they should prepare a parenting plan which clarifies the time a child spends with each parent and how parents are going to allocate their rights and responsibilities.

There are two types of custody - legal and physical. Legal custody refers to the decision-making power of the parent. Physical custody reflects with whom the child lives, and who is responsible for the daily care and supervision of a child. Based on what would be the best for the child, various custody arrangements may be approved. Joint legal custody may be awarded along with sole physical custody, or the parents may share both legal and physical custody. Typically, in the case of sole physical custody, the non-custodial parent is still entitled to reasonable visitation.

When deciding either sole or joint legal and physical custody, the court always considers each case separately, weighing factors including the child's relationship with both parents, the involvement of each parent in the process of raising a child, their location and work schedule, the mental and physical health of all parties involved, any history of domestic violence, and any other factors the court may deem significant.

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