Determining child custody and residence is one of the most painful and responsible parts of a divorce or separation process. In Georgia, legislation prioritizes the "best interests of the child," which implies creating an environment where a minor can fully develop. Determining custody is not just about who the child will live with; it is a complex legal process that defines the rights and duties of each parent, the visitation schedule, and the rules for decision-making regarding education and health. Often, parents mistakenly believe that "custody" means total control, whereas Georgian law favors the equality of parents, except in exceptional cases.
Legal assistance in this process is essential to avoid decisions made on emotional grounds that may prove harmful to the child or the parent. The role of a lawyer is not only to protect the client's interests but also to achieve an agreement or court decision that ensures stability and the child's psycho-emotional well-being. Specialists presented on Legal.ge help you in both court litigation and the mediation or settlement process.
What Does Child Custody Service Cover?
The child custody arrangement service includes all legal procedures necessary to establish the child's place of residence and upbringing conditions. Specifically, this service entails:
- Determination of Residence: Legal establishment of which parent the child will primarily live with. This decision is made considering the child's interests, the parents' living conditions, and the child's wish (depending on age).
- Developing Visitation Rights (Schedule): Drafting a detailed plan on when and under what conditions the non-custodial parent will see the child. This covers weekends, holidays, and special occasions.
- Allocation of Parental Rights and Duties: An agreement or court decision on who makes decisions regarding the child's education, medical treatment, and religious upbringing.
- Drafting a Settlement Agreement: Reaching an agreement between parents and formalizing it legally out of court or through court, avoiding lengthy litigation.
- Liaising with Social Services: Representing the client before the Social Service Agency, whose report is crucial in custody cases.
Common Real-World Scenarios
Custody disputes vary, but there are typical scenarios where a lawyer's intervention is inevitable:
The first scenario is a demand for "equal rights" in a conflict environment. For example, a father demands that the child's residence be determined with him or a 50/50 time split, while the mother believes the father's work schedule does not allow for this. Evidence must be presented here as to what is realistically better for the child.
The second case is preventing a parent from seeing the child. Often, after divorce, one parent (with whom the child lives) forbids the other from seeing the child due to personal grievances. This is a violation of the law, and with the help of a lawyer, forced enforcement of the visitation schedule occurs.
The third scenario concerns the child's opinion. For example, a child over 10 expresses a desire to live with the other parent. Legislation considers the child's opinion, but the court must determine if this wish is genuine or the result of the other parent's influence.
The fourth situation involves a parent moving abroad. If the custodial parent plans to emigrate, the other parent can challenge the child's removal, leading to a complex legal dispute.
Georgian Legal Framework and Regulations
In Georgia, child custody issues are regulated based on international conventions and domestic legislation:
- Civil Code of Georgia: The Family Law book (Articles 1197-1202) defines parental equality and the rules for dispute resolution by the court, taking into account the child's interests.
- Civil Procedure Code of Georgia: Establishes procedural rules for hearing family disputes, including the necessity of social worker involvement.
- Code on the Rights of the Child: A new and significant law emphasizing the child's right to be heard and to have their opinion considered when making decisions affecting them.
- Law of Georgia on Social Assistance: Defines the authority of the Guardianship and Care Body (Social Service Agency) to assess family conditions and prepare a report for the court.
Process and Stages
The process of determining custody begins with an analysis of the situation. The lawyer collects information about the parents' living conditions, income, and emotional bond with the child. The first step is always an attempt to settle. If an agreement fails, a lawsuit is prepared for the court. A social worker is mandatorily involved in the court process, investigating the family environment and writing a report. The court hears the parties, witnesses, reviews the Social Service report, and if necessary, the results of psychological expertise. The final decision determines the child's place of residence and the rules for interaction with the other parent.
Why Legal.ge?
Child custody cases require not only legal knowledge but also high emotional intelligence and experience working with social workers. On Legal.ge, you will find lawyers with successful track records in the most complex family disputes. The specialists on our platform are focused on the best interests of the child and the protection of parental rights to achieve a long-term and sustainable solution.
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