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In Georgia, child custody is granted based on the “best interest of the child.” Georgia primarily recognizes four forms of child custody: sole custody, joint custody, joint legal custody, and joint physical custody.
Courts generally grant a right to a child that is 14 years and older to select the parent with whom he or would prefer to stay, subject to the determination of the eligibility of the parent to be fit to take the custody of the child.
Some of the key factors that will be considered by Georgia courts in granting the custody include:
- • Wishes of the parents
- • Wishes of the child as to custody
- • Interaction of the child with parents and siblings
- • Child's adjustment in the home, school and community
- • Mental and physical health and stability of the individuals involved
- • Capacity and natural mental and emotional outlook of each parent to provide love, affection, and guidance to the child and the ability to provide continuous education and nurturing to the child
- • Each parent's knowledge and familiarity of the child and the child's needs
- • Capacity and natural mental and emotional outlook of each parent to provide the child with food, clothing, medical care, day-to-day needs, and other necessary basic care
- • Home environment of each parent to ensure the safety and nurturance of the child
- • Consideration to the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity
- • 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
- • Each parent's involvement, or lack thereof, in the child's educational, social, and extracurricular activities
- • Each parent's employment schedule and the related flexibility or limitations, if any, of a parent to care for the child
- • Home, school, and community record and history of the child, as well as any health or educational special needs of the child
- • Each parent's past performance and relative abilities for future performance of parenting responsibilities
- • 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
- • Any recommendation by a court appointed custody evaluator or guardian ad litem
- • Any evidence of family violence or sexual, mental, or physical child abuse or criminal history of either parent
- • Any evidence of substance abuse by either parent
Child Visitation in Georgia
Child visitation refers to the ability of a non-custodial parent to spend time with his or her child. Child visitation is often associated with the term “parenting plan,” which typically outlines the type of legal custody and physical custody of each parent.
Georgia does not have a law that spells out visitation guidelines. However, O.C.G.A. §19-9-3(d) states that: "It is the express policy of this state to encourage that a minor child has continuing contact with parents and grandparents who have shown the ability to act in the best interest of the child and to encourage parents to share in the rights and responsibilities of raising their children after such parents have separated or dissolved their marriage."
Parents can reach an agreement on their own relating to child visitation or the court can intervene, if the parents are not able to reach an agreement on child visitation or child custody. In such a case of disagreement, both parents will be required to participate in a mediation process before having a court hearing or before a judge hears the case.
To fully understand divorce law and family law, it may be necessary to read and interpret statutes with case law and regulatory law. It is important to check to see if laws are up date. For these and other reasons, it is always best to consult with a qualified family law attorney. The legal information on this website is not intended as legal advice and should not be relied on as such. It is intended only as an introduction to the way that the law functions in these areas.
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