Can a parent lose custody for not coparenting effectively in Georgia?
Key Takeaways
- There are many reasons a parent may lose custody of a child in Georgia.
- Failing to provide for a child’s needs, abandoning a child and mistreating a child can all lead to losing custody. These may all be considered failing to effectively coparent.
- Children who are 14 or older can also request a change in custody. So if you fail to coparent effectively, your child may petition the court to modify your custody rights.
- Some ways to make coparenting more successful include having a written coparenting plan, communicating openly and always putting your child first.
How can a parent lose custody in Georgia?
Georgia courts take loss of custody very seriously. Per state law, a parent may lose custody of a child in the circumstances listed below, though this list isn’t exhaustive:
- The parent fails to provide necessaries for the child or abandons the child
- The parent is cruel to the child
- The parent is convicted for the murder or voluntary manslaughter of the child's other parent
- A superior court order terminates parental rights in an adoption proceeding
- A superior court order terminates parental rights of a father because the termination is in the best interest of the child
There may also be situations where the parent agrees to give up custody. This may include if the parent:
- Voluntarily releases the right to a third person
- Consents to the adoption of the child by a third person
- Consents to the child receiving the proceeds of his own labor
- Consents to the marriage of the child
Can a parent lose custody for not coparenting effectively?
Yes, although “coparenting effectively” is a vague term, in general, you could lose custody. For example, the list above includes failing to provide for a child’s needs and mistreating a child, both of which would likely be considered ineffective coparenting.
Additionally, you may lose custody if you attempt to alienate your child from the other parent. This means you try to turn the child against their other parent.
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Can a child request a change in custody?
Failing to coparent effectively may result in the child requesting that the court decrease a parent’s parenting time. And in Georgia, if a child has reached the age of 14 years, they have the right in all custody cases to select the parent with whom they desire to live.
The child’s choice for custody is typically awarded unless the parent selected is determined not to be in the best interests of the child. That said, a child may only make this request once within a period of two years from the date of the previous selection.
In custody cases in which the child is between 11 and 14 years old, the judge will consider the desires and educational needs of the child to determine which parent will have custody. The judge may issue an order granting temporary custody to the selected parent for a trial period not to exceed six months if they determine such a temporary order is appropriate.
Tips to coparent effectively
Raising a child can be challenging, particularly if you and the other parent are divorced. In an effort to coparent effectively, keep the following in mind:
- Communicate openly and frequently with your coparent
- Have a coparenting plan
- Keep a shared calendar with your coparent
- Consider your coparent as a colleague, which may help you maintain respect for them, no matter how you feel about them personally
- Accept that you and your coparent will have different parenting styles, but be sure to align on the big issues, like education and how to treat others
- Always put your kid first
Need help with your custody case?
Custody cases can be complex. A lawyer can help you and your employer prepare the proper documentation, meet deadlines, and avoid costly mistakes. Marble is here to guide you through every step, making the custody case process smoother and more efficient.
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