Every state has its own law for handling all types of cases. Child custody laws in Georgia will be slightly different from other states in the US. The judges in Georgia follow their set of regulations when awarding the custody of the child when her or his parents are separating.
Thus, if you are planning to separate from your partner, it is important that you understand the basics of Georgia child custody law.
What the Law Looks At
The law considers both the parents equal when it comes to determining child’s custody. It is up to the court to announce a joint or sole custody decision. There are two types of custody that is awarded in Georgia, which are: legal custody and physical custody.
This determines which parent the child lives with, while the other can meet the child as per the conditions laid by the court. In case of joint physical custody, both the parents have to share equal time with the child. Hence, the child gets to spend equal time with both parents.
In legal custody, the parent that gets it has all the right to make decisions regarding the child. However, in case of joint legal custody both the parents have equal right to make the decisions concerning the child’s future.
Factors that Determine Custody of a Child
The family court in Georgia determines the custody based on the best interest of the child. Parents who are filing for the custody of the child must be aware of the several factors that the court uses to announce its verdict.
• The bond the child shares with the parent
• The ability of each parent to support the child financially
• At the age of 14, a child can determine where he or she wants to live. However, if the child is in the age group 11 to 14, the court will consider the child’s wishes regarding the same.
• The bond between the child and his/her sibling(s)
• Physical and mental health of the parents
• Safety prospects of the child with the parent
• Involvement of the parent in child’s educational, social, and extracurricular activities
• The amount of time the parent can spend with the child
• The overall environment of the home
• Willingness of the parent to encourage relationship between the child and the co-parent
• Evidence against domestic violence or abuse or any criminal activity
So if you are planning to separate from your partner, you must know about the child custody laws in Georgia to be better prepared against the judgement.