How is Child Custody Determined in Georgia?

Child custody disputes are the most difficult in a divorce. They are not easy on anybody, not on the courts, parents or children. Child custody laws in Georgia give a lot of discretionary powers to the judges presiding over case. Hence, one can never predict outcome of a custody dispute. Under the circumstances settlements are a better option for divorcing couples and children involved.

The Official Code of Georgia Annotated or the OCGA determines child custody in the state of Georgia. The various sections in the code state many guidelines based on which a judge can decide custody issues. All circumstances of parents and children are considered so that the ruling is in best interest of the children.

While making child custody determinations best interest of child is the norm followed in Georgia. The best interest of child is overridden in a number of situations.

These include:

• If child is above 14 years of age, he can express preference of parent that he wishes to stay with.
• Physical and psychological condition of parents is an important issue that is verified.
• A child requires an emotionally and physically stable environment at home.
• Religion and culture are given thought if parents belong to different religions.
• There should be ample opportunities for interaction with other members of family and avenues for meeting them and developing relationships with them.
• Acceptability and adaptability to school and community.
• Age of the child is of prime importance since very small children should stay with their primary care giver.
• Evidence proving sexual, drugs and alcohol abuse by parents.
• Unnaturally strict disciplining and emotional abuse from parents.

Children are believed to be more attached and emotionally attached to parent who is their primary care giver. A primary car giver should be one who bathes, grooms, dresses child, plans his meals and prepares them, buys clothes and perform his laundry for him, takes care of his health care arrangements, teaches him, and participates in his extracurricular activities. Emotional bond shared between child and primary care giver helps his developmental stage and it is very common that judge rules in favor of the primary care giver especially if the child is very small.

Custody of children in a divorce in the state of Georgia is of two types:

• Joint custody – this can be physical as well as legal or both. Legal custody gives both parents equal rights in making important decisions concerning their child. Joint physical custody gives both parents right to spend time with child and be in contact with him.
• Sole custody – under this ruling, child stays with a custodial parent and the non custodial parent has only visitation rights.

An experienced child custody lawyer is highly recommended in order to contest child custody or reach a settlement regarding it.