How Are Custody Decisions Made?

Divorce is a challenging and emotionally charged process, and when children are involved, the stakes are even higher. Child custody decisions can be the most contentious aspect of a divorce, as parents typically want what’s best for their children. Like in many other states, child custody determinations in Georgia are made with the child’s best interests in mind.

The Best Interests of the Child

“Interests” is a term that can mean different things to different families. Child custody decisions during a divorce in Georgia are complex and multifaceted, and many things need to be considered in determining custody arrangements.

The guiding principle for child custody decisions in Georgia is the child’s best interests: prioritizing the child’s well-being, safety, and overall welfare.

The court considers many factors to determine what arrangement would be best for the child:

1. The Child’s Age and Developmental Needs

The age and developmental stage of the child are significant factors in determining child custody. Young children often require more frequent contact with both parents, while older children may have a say in their preferences. The court will evaluate the child’s emotional and physical needs at different stages of their development.

2. The Parent-Child Relationship

The strength and quality of the relationship between each parent and the child play a pivotal role in custody decisions. Courts favor parents who have established a strong bond with their children and have actively participated in their upbringing. Evidence of a loving, supportive, and nurturing relationship can be compelling.

3. Parenting Skills and Ability

The court will assess each parent’s parenting skills and abilities, which typically include their capacity to provide for the child’s physical, emotional, and educational needs. Factors such as the parent’s ability to create a stable and nurturing environment are considered.

4. Physical and Mental Health of the Parents

The physical and mental health of each parent is taken into account. A parent’s physical health may affect their ability to care for the child, while mental health issues may impact their safety and well-being. The court will examine any admissible records and assessments to make an informed decision.

5. History of Domestic Violence or Substance Abuse

In cases involving allegations of domestic violence or substance abuse, the court will investigate these claims thoroughly.

The child’s safety is paramount, and a history of violence or substance abuse can significantly impact custody decisions.

6. Stability and Environment

The stability of each parent’s home environment is a critical factor. The environment also includes the child’s school, community, and the overall support system available to them in these places. A stable and suitable living environment is a crucial consideration.

7. Each Parent’s Willingness to Foster a Positive Relationship with the Other Parent

In Georgia, courts encourage co-parenting and expect both parents to promote a healthy relationship between the child and the other parent. The court sees willingness to cooperate and facilitate the child’s relationship with the other parent favorably, which often influences decisions.

8. The Child’s Preference

As children grow older, their preferences are often considered by the court. In Georgia, a child’s preference becomes increasingly significant as they mature and demonstrate the capacity to make informed choices. A child who understands the situation and what the outcomes may be can often provide additional insight into what is best for their development and their future needs.

9. Geographic Location

The geographic location of each parent is a practical consideration. Courts strive to create arrangements that minimize disruption in the child’s life, so the proximity of the parents’ homes and schools is considered.

10. Sibling Relationships

The court generally aims to keep siblings together if the child has siblings. Having a sibling around for emotional support and consistency can make the separation process more manageable for a child. The court strongly considers the sibling bond when making custody decisions.

11. The Work Schedule of Each Parent

Each parent’s work schedule is crucial, as it can impact their availability to care for the child.

The court may evaluate each parent’s work hours and how they plan to balance work and parenting responsibilities.

12. Financial Ability

The financial capability of each parent is a relevant consideration. The court will assess whether the parent can provide for the child’s basic needs, including food, shelter, clothing, and education.

13. Parental History and Conduct

A parent’s history and conduct can be scrutinized, including their involvement in criminal activities, issues with the Department of Family and Children Services (DFCS), or other past behaviors that may affect the child’s well-being.

14. Cultural and Religious Considerations

The court may consider the child’s cultural and religious background and determine how the proposed custody arrangement aligns with these aspects of the child’s life. The child’s wishes and the age of the child is typically a factor in these considerations.

Lunn Law Can Fight For Your Family

Navigating the child custody process in Georgia can be emotionally challenging, but focusing on creating a nurturing and stable environment for the child is crucial. While divorce is an upheaval, there is support to make the process less difficult.

Having legal guidance to help parents understand the factors that influence child custody decisions can help parents make informed decisions and reach amicable solutions that serve the best interests of their children.

Lunn Law can help you devise a strategy for proving your view of what custody arrangement is in the best interest of the child. Let us review your case and help you plan for your future. Schedule a case assessment today by calling 770-762-4628.