Divorce - child custody in georgia

Can Fathers Win Child Custody in Georgia?

There are no special rights for the mother nor the father. Some cases are not complicated; one of the parents suffers from some substance abuse, chooses poor lifestyle choices and relationships or has obvious unsuitable living situations. When these factors are present it is not difficult for the judge to determine what is in the best interest of a child but when the issues are more subtle and there are two fit parents it becomes far more complicated.

So, when I hear people state that the mother usually gets the children, this is not entirely true. Of course, if the child is very young, breastfeeding or dependant on the mother, then the chances of the mother gaining custody are high. The court will weigh a multitude of other factors when making a custody determination.

Sometimes one parent works night hours or travels extensively while the other parent remains at home. Home environment and parenting skills can be an issue; one parent may provide a clean, safe home, and the other parent may live in filth and allow the children to play unsupervised.

The court will also consider the ability to co-parent. This is known as parental interference and can be a determinative factor when the court considers final custody. Often in this situation, it is discovered that a parent is not only hampering visitation but making disparaging comments about the other parent or allowing friends and family to do the same.

The court will also consider this inability to co-parent and protect the child from the strain of litigation when making a determination. This person is known as a guardian ad litem and can be requested by a party or ordered by the court. You can respect the years you spent with your spouse and the rewards you exchanged when you mediate the divorce.

However, you married because you were in love. The process of divorce is tough. When children are involved, the divorce case becomes more complex, and more emotional.

Learn about the "best interests" standard and how it applies to child custody cases in Georgia.

Martha is passionate about helping families when they are faced with complex family law issues. Martha Hall concentrates in Family Law. We are dedicated to serving individuals and businesses and offer a broad range of legal services. Please email receptionist hlg-pc. Facebook Google RSS. Family Law and Divorce in Georgia : Factors a judge may consider when deciding on child custody.

In making a decision, judges often take into consideration: 1 which parent is more likely to allow the other to visit with the child; 2 the love, affection, and other emotional ties existing between the child and the parent; 3 the ability and willingness of each parent to provide the child with food, clothing, medical care, and other material needs; 4 the length of time the child has lived with either parent in a stable environment; 5 the permanence, as a family unit, of the proposed custodial home; 6 the moral fitness of each parent; 7 the mental and physical health of each parent; 8 the home, school, and community record of the child; 9 the preference of the child, providing the child is of sufficient intelligence and understanding; and, 10 any other factor the judge decides is relevant.

How to look out for the best interest of your children while going through a divorce The best interest of your child is the primary factor the court considers in a child custody case. The factors that contribute to the best interests of the children are: Age and health of the kids The court takes into consideration the age and the health of the children when granting child custody to one of the parents or both of them. With the income shares model, the guiding principle is that the financial support required of both parents need not change even if they are already separated or divorced.

The obligation is based on a certain percentage of the income of both parents, basically the same amount that would have been required of them had they been living together. If one earns more than the other, then the former would have to pay more for child support. Percentage of income.

There is an income percentage set by the court though the dollar amount may change based on the financial situation of the non-custodial parent. There is no set amount of money to be paid by the custodian parent as it is assumed that this party is already providing enough for the child. Melson formula. The Melson formula is a modified version of the incomes shared model, but it is a more complex version. It considers the self-support needs of both parents and the support needs of the child, including medical expenses and even child care costs.

Please consult an attorney for advice about your individual situation. This site and its information is not official legal advice, nor is it intended to be.

1. Family Laws on Sole Custody in the State of Georgia | LegalZoom Legal Info.
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3. Divorce Overview;
4. Can a child choose which parent to live with in Georgia? | The Ward Law Firm.
5. Georgia Custody and Visitation Schedule Guidelines.
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