Actions That Can Cost You Child Custody Rights in Georgia

As a parent going through a divorce or custody dispute in Georgia, it’s crucial for you to understand the factors that can impact your child custody rights. At Attorney Sharon Jackson, LLC, we've seen firsthand how certain actions can significantly harm a parent's chances of obtaining or maintaining custody. In this guide, we'll explore the various behaviors and decisions that could potentially cost you your child custody rights in Georgia.

Understanding Child Custody in Georgia

Before delving into the actions that can jeopardize your custody rights, it's essential to understand how the custody of a child is determined in Georgia. The state recognizes two types of custody:

• Legal custody: The right to make major decisions about the child's upbringing, such as for healthcare, education, and religion
• Physical custody: Where the child primarily resides and which parent is responsible for day-to-day care.

In Georgia, courts aim to uphold the child’s best interests when making custody decisions. Various factors are included in the court’s determination, including:

• The love, affection, and emotional ties between each parent and the child
• Each parent's ability to provide for the child's needs
• The home environment of each parent
• The child's relationship with siblings and extended family
• Each parent's physical and mental health
• Any history of family violence or substance abuse.

With this foundation in mind, let's explore the actions that can negatively impact your custody rights.

Substance Abuse and Addiction

One of the most significant factors that can cost you child custody rights in Georgia is substance abuse. This includes illegal drugs and the misuse of prescription medications. Courts take a dim view of parents struggling with addiction, as this condition directly impacts their ability to care for their children safely.

For example: Sarah, a mother of two, lost primary custody of her children after her ex-husband presented evidence of her ongoing struggle with alcohol addiction. Though Sarah claims she only drank after the children were asleep, the court deemed her behavior a risk to the children's well-being. The judge then limited her to supervised visitation until she could demonstrate sobriety.

If you're facing substance abuse issues, consider these strategies toward sobriety that would then improve your chances of a favorable custody decision:

• Seek professional help immediately.
• Voluntarily submit to drug tests.
• Attend support group meetings.
• Document your efforts to overcome addiction.

Remember, courts often look favorably upon parents who take proactive steps to address their substance abuse problems.

Domestic Violence and Abuse

Any form of domestic violence or abuse can severely impact your custody rights in Georgia. This includes physical, emotional, and verbal abuse directed at your children, your ex-partner, or anyone else in the household.

For example: Michael lost custody of his son after his ex-wife presented evidence of his verbally abusive behavior towards her in front of their child. Even though Michael never physically harmed his son, the court determined that exposing the child to such behavior was detrimental to the little one’s emotional well-being.

To help protect your custody rights:

• Seek anger management counseling if needed.
• Avoid confrontations with your ex-partner, especially in front of the children.
• Document any instances of abuse by your ex-partner.
• Follow all court orders and protective orders strictly.

Parental Alienation

Parental alienation occurs when one parent attempts to turn the child against the other parent. This behavior can backfire and result in the alienating parent losing custody rights.

For example: David consistently spoke negatively about his ex-wife to their daughter, discouraged phone calls and visits, and interfered with scheduled visitations. When this pattern of behavior was brought to the court's attention, David's custody time was reduced, and he was ordered to attend co-parenting classes.

To avoid allegations of parental alienation:

• Allow the other parent to maintain a relationship with the child.
• Avoid speaking badly about your ex in front of the child.
• Facilitate communication between your child and the other parent.
• Adhere to the agreed-upon visitation schedule.

Neglect or Failure to Provide Proper Care

Neglecting your child's basic needs or failing to provide proper care can quickly lead to a loss of custody rights. Child neglect in this context can come in various forms such as:

• Inadequate supervision
• Failure to provide proper nutrition
• Neglecting medical or dental care
• Not ensuring regular school attendance.

For example: Lisa lost custody of her twins after it was discovered that she frequently left them alone for extended periods while she worked night shifts. Despite her claims of financial necessity, the court found that her actions put the children at risk and awarded primary custody to their father.

To demonstrate your ability to provide proper care:

• Maintain a safe and clean home environment.
• Ensure your children attend school regularly.
• Keep up with medical and dental appointments
• Arrange for appropriate childcare when needed.

Violating Court Orders

Failing to comply with existing court orders, including visitation schedules and custody agreements, can severely damage your custody rights.

Sample scenario: Mark repeatedly failed to return his son at the agreed-upon time after weekend visits, often keeping him an extra day or two. Despite his claims of wanting more time with his child, the court viewed this as a violation of the custody agreement and reduced his visitation rights.

To avoid issues with court orders:

• Follow all custody orders and visitation schedules precisely.
• If there are necessary changes to the schedule, communicate with the other parent well in advance.
• Document all interactions related to custody and visitation.
• If you need to modify the agreement, go through proper legal channels.

Moving Away Without Court Approval

In Georgia, moving away with your child without court approval can be seen as an attempt to interfere with the other parent's custody rights. This is especially true for moves out of state or those that significantly impact the current custody arrangement.

Sample scenario: Jennifer accepted a job offer in another state and moved with her daughter without informing her ex-husband or seeking court approval. When her ex-husband filed an emergency custody motion, the court ordered the child to be returned and temporarily awarded primary custody to the father.

If you need to relocate:

• Notify the other parent as soon as possible.
• Seek modification of the custody agreement through the court.
• Be prepared to demonstrate how the move benefits the child.
• Consider proposing an alternative visitation schedule to maintain the other parent's relationship with the child.

Exposing Children to Inappropriate Situations

There are some situations, individuals, and media that may be unsuitable for children. Exposing your children to things that are not age-inappropriate can jeopardize your custody rights.

For example: Tom lost custody of his teenage daughter after it was revealed that he allowed her to attend parties where alcohol was served to minors. Despite Tom's claims that he was trying to be a "cool dad," the court found his judgment severely lacking and awarded full custody to the mother.

Here are tips to consider to prevent age-inappropriate exposure:

• Use good judgment in all situations involving your children.
• Be cautious about introducing new romantic partners to your children.
• Avoid exposing children to adult-oriented activities or conversations.
• Monitor your children's online activities and social interactions.

Mental Health Issues

While having a mental health condition doesn't automatically disqualify you from custody, failing to manage your mental health can effectively impact your rights.

For example: Rachel, who struggled with bipolar disorder, lost custody of her son during a period when she stopped taking her medication and experienced a severe manic episode. The court awarded temporary custody to the father until Rachel could demonstrate consistent management of her condition.

If you're dealing with mental health issues:

• Seek regular treatment and follow your healthcare provider's recommendations.
• Take prescribed medications as directed.
• Attend therapy or support group sessions.
• Document your efforts to manage your mental health.

False Allegations Against the Other Parent

Making false allegations against the other parent, particularly regarding abuse or neglect, can severely backfire and result in a loss of custody rights.

Sample scenario: In an attempt to gain full custody, Daniel falsely accused his ex-wife of physically abusing their daughter. When the allegations were proven false, the court not only maintained the mother's custody rights but also reduced Daniel's visitation time and ordered him to attend parenting classes.

To avoid issues with allegations:

• Only report genuine concerns of abuse or neglect.
• Document any evidence of actual abuse or neglect.
• Consult with a lawyer before making any formal allegations.
• Be prepared to substantiate any claims you make

Interfering with the Other Parent's Communication

Some parents try to hinder the other parent’s phone calls to the child or other forms of communication between them. The court could see consistent interference as an attempt to undermine the other parent’ relationship with the child and may impact the interferer’s custody rights.

For example: Karen frequently "forgot" to inform her ex-husband about their son's school events and extracurricular activities. She also limited phone calls and often claimed the child was "too busy" to talk. When Karen’s ex informed the court of this pattern, Karen's custody time was reduced, and she was ordered to facilitate regular communication between her son and his father.

To keep communication lines open:

• Facilitate regular phone calls or video chats between your child and the other parent.
• Keep the other parent informed about important events and activities.
• Use co-parenting apps or shared calendars to improve communication.
• Avoid speaking negatively about the other parent's attempts to communicate with the child.

Refusing to Co-Parent Effectively

Courts in Georgia generally favor parents who demonstrate a willingness to co-parent. Judges will look unfavorably on a parent who refuses to cooperate or communicate with the other parent regarding important decisions about the child's upbringing.

For example: Alex consistently made unilateral decisions about their daughter's education and healthcare without consulting his ex-wife, despite having joint legal custody. When this behavior was brought to the court's attention, Alex's decision-making authority was limited, and he was ordered to attend co-parenting classes.

To demonstrate that you’ve been effectively co-parenting:

• Communicate openly and respectfully with the other parent.
• Include the other parent in important decisions about the child's upbringing.
• Be willing to compromise and find mutually agreeable solutions.
• Attend co-parenting classes or mediation if necessary.

Inappropriate Use of Social Media

In today's digital age, your social media activity can impact your custody rights. Posting inappropriate content, sharing information about your custody case, or using social media to disparage the other parent can all be used against you in court.

For example: Melissa frequently posted photos of herself partying and drinking, along with negative comments about her ex-husband, on social media. These posts were used as evidence in court to question her judgment and parenting abilities, ultimately resulting in a reduction of her custody time.

To be wise on social media in relation to child custody:

• Be mindful of what you post and who can see it.
• Avoid sharing details about your custody case online.
• Don't use social media to vent about your ex or the legal process.
• Consider temporarily deactivating or privatizing your accounts during custody proceedings.

Failing to Foster the Child's Relationship with Extended Family

While not always a primary consideration, courts may look favorably upon parents who encourage relationships between the child and extended family members. These include grandparents, aunts, uncles, and cousins from both sides of the family.

For example: Chris consistently prevented his children from spending time with their maternal grandparents following his divorce. When this came to light during a custody review, the court ordered visitation time for the grandparents and warned Chris that continued interference could result in a modification of custody.

To foster healthy family relationships:

• Encourage visits and communication with extended family members.
• Include extended family in appropriate events and activities.
• Be open to reasonable requests for family time from the other parent's side.
• Avoid speaking negatively about extended family members in front of the children.

Child Custody Issues Can Be Hard To Navigate. Protect Your Rights With the Help of Attorney Sharon Jackson

When your parenting rights are on the line, it’s best to get legal guidance from a trusted family law attorney. At the law office of Attorney Sharon Jackson, LLC, we've assisted parents in Gwinnett County and throughout metro Atlanta area, enabling them to successfully navigate their child custody cases.

If you're facing custody issues or have concerns about your rights, don't hesitate to reach out to us at (678) 909-4100 for experienced, compassionate legal guidance.