Child Custody

Divorce can be difficult for children who are used to living with both parents and will now travel between homes. By working with an experienced family law attorney, measures can be taken to preserve parent-child relationships while safeguarding a child's sense of security.

 

Divorce, Separation and Never-Married Parents


In Georgia, the custody of all children must be determined before divorce can be granted. Custody may also be determined between biological parents who are separated, but not divorced, and between those who have never been married.


Child custody cannot be given to someone who is not a biological parent unless it is determined that it would be in the child's best interest to live with another relative. It is no longer necessary that the biological parent be found to be unfit.


Acknowledging the Child's Viewpoint


In determining child custody arrangements, a judge or the parties will sometimes request that a Guardian ad Litem be appointed to represent the child's interests and make a recommendation to the court. From there, the judge will consider:


  • The age and gender of each child
  • Whether there are siblings
  • The child's relationship to each parent
  • Which parent has been the primary caretaker during the marriage
  • Which parent, if given custody, will help the child maintain a healthy relationship with the non-custodial parent

Once the child reaches a certain age, the court will also consider the child's preference. (See below.)


The court generally awards visitation ("parenting time") to the parent not awarded full-time custody unloess it is not in the best interests of the child(ren).


Parenting Schedules and Responsibilities


Parties may agree on any child custody and visitation schedule they wish; the judge will usually approve. Through agreement or award, parents may share joint legal custody and/or joint physical custody.


Avoiding Custody Battles Regarding Teenage Children


A child over 14 may express a choice as to which parent they wish to live with; the judge should consent to the child's wishes unless there are specific findings as to why it would not be in the best interests of the child.