While there is nothing stopping you from creating a 50/50 custody agreement with your ex, the family court in Georgia ultimately has the final say. In Georgia, the custody decisions made by the family court depend entirely on the child’s best interests. If a 50/50 parenting schedule is in the child’s best interests, then there is no reason a judge will deny it. To learn more, consider speaking with a child custody attorney in Georgia.
Parents Often Create 50/50 Schedules During Private Negotiations
If you and your ex are willing to create your own parenting schedule in private, there is nothing stopping you from doing just that. In fact, this is one of the most common ways parents resolve custody issues after a divorce or breakup, assuming they are amicable enough to discuss the situation in private.
The process is relatively simple: You will meet with your ex, usually alongside an arbitrator or mediator. You may also opt for “collaborative law,” which is an alternative dispute resolution (ADR) process that brings both sets of lawyers into the negotiation room. During these negotiations, you will finalize the details of your custody schedule and sign your approval.
A Judge Still Needs to Approve Your Custody Schedule
Even though you and your ex might both agree that the custody schedule works for the entire family, you still need to obtain final approval from a family court judge in Georgia. The real question is simple: Why wouldn’t a judge want to approve your 50/50 custody schedule?
If there is no reason for the judge to believe that a 50/50 schedule would go against your child’s best interests, then they should approve your plan. If they see any evidence that this schedule would harm the child, they may deny it.
The most obvious evidence in this scenario would be any sign of abuse carried out by either parent. This could be physical, mental, or sexual abuse. Any sign of neglect may also cause a judge to doubt the validity of a 50/50 schedule.
Certain parties must report signs of abuse or harm under Georgia law. These include teachers, social workers, doctors, and so on. If the judge has become aware of reports from any of these individuals, they may deny the planned 50/50 schedule.
This is why it makes sense to think carefully about how a judge might view your planned custody schedule during initial negotiations. With an experienced family law attorney at your side during these negotiations, you may be able to predict how the court will react more accurately.
Can a Child Custody Attorney in Georgia Help Me?
The family court generally sees a 50/50 parenting schedule as the “default,” presuming that this arrangement is in the best interests of the child unless there is opposing evidence. That being said, it is important to realize that parents do not have the final say in this scenario. Contact our Georgia child custody attorneys at Lankford & Moore Law to learn more about the next potential steps.
