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How do you establish parenting time of responsibility?

On Behalf of | Dec 30, 2019 | child custody & visitation

You can get parenting time of responsibility through a parenting agreement that the court approves in Georgia. That’s the best way to do it because it’s something that the parties will have to live with. Parenting agreements that were negotiated rather than ordered by the court tend to be easier for the parties to actually execute over the coming years. According to Divorce Net, it also reduces the amount of tension and strain between the parties as they try to co-parent together.

If you’re not able to agree on all the terms of the parenting agreement, the court will order mediation at which a third party or mutual trained mediator will try to help you come to a settlement agreement. If you’re not able to come up with a parenting agreement after mediation, then the court will typically appoint a family law attorney who will investigate the best interests of the child and report to the court as to recommendations regarding parenting time responsibility. Then there will be a hearing in which both parties make an argument and present evidence. The appointed attorney will also make his or her recommendation about the best interests of the child.

The rule of thumb is the court is trying to come up with a parenting arrangement that is in the best interest of the child. Courts look at all of the facts and try to determine what’s going to be the healthiest situation for the child. All things being equal, they will try to give equal parenting time for both parents, even unmarried parents. Theoretically, the law is genderless, so there’s not supposed to be a preference for the mother as opposed to the father. But unwed fathers still face an uphill battle in getting the majority of parenting time or primary residency.

Do not use this information as legal advice.