Georgia Custodian Agreement
Description
How to fill out Custodian Agreement?
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FAQ
Child support in Georgia When parents share joint physical custody, the higher-earning one generally pays support. But if the parents have similar incomes, then no one pays support. A judge (or a jury, in rare cases) determines payment amounts, using Georgia's child support formula (outlined below) as a guideline.
If life circumstances change and the custody order needs to be modified, one party can file a petition to modify custody. To modify custody, they must prove that there has been a material change in circumstances that will impact the child's well-being.
Primary physical custody schedules It has children spend weekdays with the primary parent and a long weekend with the secondary parent. Another option for a 60/40 division of parenting time is the 4-3 schedule, where children spend four days a week with the primary parent and three days with the secondary parent.
In the event that the parties cannot agree on a custody arrangement, then the judge will make the determination of custody. Even with a recommendation from a Guardian Ad Litem, the judge still has full discretion to make the custody determination based on all evidence presented at trial.
The term ?primary custody? isn't actually in Georgia law. Instead, Georgia Code Section 19-6-15 uses the term ?custodial parent,? defined as the parent with whom the child lives more than 50 percent of the time. In other words, the custodial parent gets primary physical custody.
Parents can agree on which parent shall have custody, but the court ultimately decides what is in the best interest of the child. If the child is 14 or older, the child will have the right to select the parent he or she wants to live with.
A custodial parent may not deny visitation to the non-custodial parent even if they are failing to make child support payments. For questions on child custody, visitation or child support laws in Georgia you may contact our office to arrange for a consultation with an attorney.
Joint physical custody schedules In the 2-2-3 schedule, children live with one parent for two days, spend the next two days with the other parent, and then return to the first parent for three days. The starting parent switches each week.
