Parents can become quite bitter during a divorce in Georgia. At the height of these emotions, parents might even threaten to sabotage the relationships between their exes and their children. Is this even legal? Can your ex carry out this threat? Is it true that a parent can use the legal system to destroy these relationships? These are questions you might want to ask an experienced child custody attorney in Georgia. 

You Will Always Have the Chance to See Your Children After Divorce

First, it is important to remember that the vast majority of parents will have opportunities to see their children after divorce. Regardless of the specific circumstances, family courts realize that children benefit from spending at least some time with both parents. Even if your ex successfully convinces the court that you are guilty of serious misconduct, you should have supervised visitation. 

Can My Ex “Win” During a Custody Battle?

Theoretically, your ex could walk away from the divorce with sole physical custody of the children. In other words, your children would live full-time with your ex. You may have visitation rights, but the children would not stay at your house in this scenario. 

However, there are a few important points to remember regarding custody battles: First, the family court does not view these proceedings through the lens of “winning” or “losing.” Instead, the family court focuses entirely on the best interests of the children. In other words, your ex’s desires and wishes are largely irrelevant. 

Secondly, you should know that shared custody is by far the most common outcome in custody disputes today. Shared custody involves the children living with both parents. Sole legal custody only happens after the court becomes aware that the children would not be safe living with one parent. 

Your Ex Must Satisfy the Burden of Proof

Even if your ex makes certain accusations during the custody proceedings, they must provide evidence in order to achieve sole custody. The “burden of proof” in custody proceedings is a “preponderance of evidence.” In other words, it is your ex’s responsibility to prove that your alleged misconduct probably occurred during the marriage. If they cannot provide sufficient evidence to prove these allegations, the court must assume that you are innocent. 

Your Ex Faces Consequences for This Behavior

Finally, you should know that the family courts will not respond well to your ex sabotaging your relationship with the kids. This is a form of “parental alienation,” and it paints your ex in a negative light. In fact, you may be able to achieve positive outcomes if you can prove that these threats or alienating behaviors actually occurred. 

Can a Child Custody Attorney in Georgia Help Me?

A child custody attorney in Georgia may be able to help you fight for your parental rights. Even if your ex threatens to make sure you never see your kids again, following through on these threats may be impossible. The family courts in Georgia focus on the child’s best interests, and the widespread belief is that children should spend time with both parents after divorce. Continue this conversation alongside Lankford & Moore Law.