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If there is one subject that tears at a parent? s heart it is the issue of custody. Determining who gets custody and visitation differs atlanta divorce attorneys case. There is absolutely no exact formula to follow along with, but you will find guidelines and principles you will want to follow to make certain that your child gets perfect arrangement. I often hear people discuss custody once they have no idea what this is of the word is. Is it any wonder then that people are so confused and scared concerning this? So let? s define what we are really talking about here. You will find two forms of custody that the court considers: (they are generalizations, maybe not legal definitions) ? Legal Custody? The proper to make decisions regarding education, medical care, dentist hilliard, and religion. ? Physical Custody? Here is the right related to where the daughter or son typically resides. When both parents have these rights it is considered? Joint? Legal or Physical Custody. Even if the living arrangement isn? t an equal split, the parent with less time could be deemed to own Joint Physical Custody. No matter what kind of Legal and Physical Custody (sole or joint) are granted the visitation schedule must be resolved. Read that again then keep coming back. What most people are talking about could be the visitation schedule (sometimes called a parenting plan) maybe not custody. While custody has certain rights, parents typically have the directly to visitation with their children. First things first. If the parents can come to an agreement, they can draw it up and the court will probably accept it as is and simply file it because it meets the requirements of parties and the court doesn? t wish to interfere if it isn? t needed. However, if the parents can? t come to an agreement, the court considers simply how much visitation time a parent will receive, and is guided by the? best interests of the daughter or son. ” This is where you get research your options and really build your case. If the child is definitely an infant and the mother breast feeds, fathers? visitation is likely to be short daytime visits. If one parent lives out of state, the visits could be holidays and summers. If the parents live close together, the child is healthy, 7 or 8 years of age or older, and both parents work normal schedules, it is highly likely that the almost equal schedule could be reached. You need to be seeing some practical patterns emerge at this time. Finally, let? s look at how the daughter or son? s wishes affect the outcome. It is a myth when a young child is 12 the court can do what they need. There is absolutely no magical age no guarantees. When the court interviews the child, they do so privately. What the child says is kept private and is maybe not shared with anyone. The court will take into account the situation of both parents, age the child and how mature they are, and what the consequences of the daughter or son? s wishes could have on the relationships of the daughter or son with both parents. You can observe there are many factors that the court must weigh before making a decision. You will find no solid rules and no-one can predict the outcome. Nevertheless, you can put forth a reasonable argument based on your circumstances if you know what the court is trying to accomplish.