Georgia Child Custody
Many people assume that the mother automatically receives custody of the minor children in a divorce whether she is a fit or unfit parent and the father will never receive custody of the children. Contrary to what some people assume, the law is required to be gender neutral when evaluating custody.
In Georgia, the judge assigned to a divorce or modification action must make a determination of who should get custody based upon the broad concept of what is in the “minor child’s best interest.” When determining the best interest of the child, the judge will analyze a long list of factors in order to make his/her decision. The following are the list of factors for a judge to consider when awarding custody under Georgia family law:
- (A) The love, affection, bonding, and emotional ties existing between each parent and the child;
(B) The love, affection, bonding, and emotional ties existing between the child and his or her siblings, half siblings, and stepsiblings and the residence of such other children;
(C) The capacity and disposition of each parent to give the child love, affection, and guidance and to continue the education and rearing of the child;
- (D) Each parent's knowledge and familiarity of the child and the child's needs;
(E) The capacity and disposition of each parent to provide the child with food, clothing, medical care, day-to-day needs, and other necessary basic care, with consideration made for the potential payment of child support by the other parent;
(F) The home environment of each parent considering the promotion of nurturance and safety of the child rather than superficial or material factors;
(G) The importance of continuity in the child's life and the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;
(H) The stability of the family unit of each of the parents and the presence or absence of each parent's support systems within the community to benefit the child;
(I) The mental and physical health of each parent;
(J) Each parent's involvement, or lack thereof, in the child's educational, social, and extracurricular activities;
(K) Each parent's employment schedule and the related flexibility or limitations, if any, of a parent to care for the child;
(L) The home, school, and community record and history of the child, as well as any health or educational special needs of the child;
(M) Each parent's past performance and relative abilities for future performance of parenting responsibilities;
(N) The willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent, consistent with the best interest of the child;
(O) Any recommendation by a court appointed custody evaluator or guardian ad litem;
(P) Any evidence of family violence or sexual, mental, or physical child abuse or criminal history of either parent; and
(Q) Any evidence of substance abuse by either parent.
Of note, under a recent law change in Georgia, the desires of a child fourteen years of age or older are no longer generally controlling in deciding custody. Instead, these desires are now only one additional factor for a judge to consider along with all of the above listed factors.