Legal Question in Family Law in Georgia
GA & Shared Custody Grants
What is GA's success rate for joint physical custody? How does the Court look upon these type petitions? My husband has joint legal custody; however, we've had numerous problems with his ex-wife regarding visitation and his inclusion in major decision making for the children (2). We want to file for joint physical custody but my husband is apprenhensive because he's been told there is no Judge in GA that will grant such a petition. Could you provide a site/source for research on actual joint physical custody cases in and out of the state of GA? Would this be a hopeless pursuit?
2 Answers from Attorneys
Re: GA & Shared Custody Grants
First, there is no database for you question.
Second, every judge in GA will look at the facts of every case to decide what is in the best interest of the child. However, the divorce decree between the parties must first be examined. Unless new evidence since the decree has come up, it may be difficult to overturn the decree. No, it's not hopeless but it might be uphill
Re: GA & Shared Custody Grants
There is no guarantee as to the success of joint physical custody. The court will look at all the facts and circumstances surrounding a particular case and will decide what is in the child's best interest. If your husband feels that joint physical custody would work out best for him and the kids then he should not hesitate to file an action.