Here are a few things to consider regarding determining child custody visitation schedules in Georgia during the holidays:

1. Prepare to alternate. Unless there are important extenuating circumstances, such as one parent being considered by the court to be totally unsuitable to retain custody of the child at any time, one of the most popular child custody visitation arrangements in Georgia is to alternate holidays on a yearly basis. So if your children spend Thanksgiving with you this year, they might be required to spend it with your spouse next year. The same is true for other major holidays that you traditionally celebrate as a family.
2. Splitting time equally. Another popular option to consider is the provision under Georgia child custody law to simply split the time spent on holidays each year. This most often takes the form of the child or children having a Thanksgiving meal at one parent’s house earlier in the day, and then going to the other parent’s house for a second meal later in the day, for example.
3. Your children may have a say. Depending on the age of your child or children and the particular Georgia child custody schedule you work out with the assistance of our attorneys, your child may be able to state their preference in the matter. Again, this all depends on the particularities of your case and how skillfully an Atlanta divorce lawyer is able to guide you through this process.

If you’re wondering about how divorce might affect your ability to spend time with your children during the holidays, contact one of our experienced Georgia child custody lawyers for a free consultation. Simply fill out the form to the left and a member of our legal team will get back to you.

Image courtesy Brad Trump Photography on Flickr.

Although the act grants visitation rights to third parties no matter the child’s location within the United States, states interpret the act differently leaving grandparents without guarantee of their ongoing access to a grandchild.  To seek child custody or visitation rights in Georgia, grandparents can file an Original Action for Visitation or become involved in an existing case for custody, divorce, adoption, or termination of parental rights.

However, it is important to note that in the landmark U.S. Supreme Court case of Troxel v. Granville in 2000 the court ruled that a fit parent will be awarded the exclusive legal right to determine who visits their children.  In Georgia, the Supreme Courts have ruled that requiring grandparent visitation may violate a parents’ right to raise a family without interference.

The visitations right of grandparents and third parties remains hotly debated and presents difficult and complex legalities.   We advise speaking with one of our Atlanta family law attorneys if you are experiencing a visitation or custody issue. Our attorneys can advise you of your rights and responsibilities, and help you determine the best course of action for you and your family. We look forward to working with you.

Issues regarding the relocation of children after a divorce usually come before a court in the form of a change of custody action. In the 2003 Georgia Supreme Court case of Bodne v. Bodne, the court stated that a custodial parent who decides to relocate does not have a prima facie right to retain custody. 277 Ga. 445 (2003). On the other hand, there is also no presumption that the relocating parent will lose custody. Rather, the court, as always, is guided primarily by the standard of what is in “the best interest of the child.”

Ideally, if one party to a divorce wants to move, the parents will be able to come together to reach an agreement they can both live with. This can help minimize resentment and hostility. If the parties leave it up to the court to decide the child custody issue, the court will make the determination on a case by case basis focusing on a number of important factors including but not limited to the child’s relationship with the non-custodial parent, the child’s ties to the community, the child’s age, the parent’s reason for relocating and anything else the court finds relevant.

In sum, when determining whether or not a parent will be permitted to relocate with their child after a divorce, the ultimate standard will be what the court finds to be “in the best interest of the children.” With so many variables involved in this determination, we highly recommend you speak with one of our experienced Atlanta divorce lawyers to help make sure that your rights, and the rights of your children, are well-protected during your relocation proceeding.