When parents divorce or separate, they often have questions about how they will care for their child. Will they still have a strong connection? Who will decide where the child goes to school? Can their child choose who to live with? Understanding how Georgia law handles custody can help parents answer these questions and make informed decisions.
What types of custody does Georgia law recognize?
While most people think about the custody in terms of which parent cares for the child every day, Georgia law actually recognizes two types of custody:
- Legal custody: This is the right to make important decisions about a child’s life, like their education, healthcare, and religion. Parents can share legal custody, meaning they work together on these decisions.
- Physical custody: This is about where the child lives daily. A child may spend time with both parents if they share physical custody, or the child may live mainly with one parent who has sole custody.
How does the court make custody decisions?
Georgia courts consider several factors to determine what arrangement best serves the child’s interests. These include:
- The child’s needs: The court checks which parent can best meet the child’s emotional, educational and physical needs.
- Parental stability: The court considers the health and ability of each parent to provide a stable home.
- Child’s preference: A child can express a preference for which parent they wish to live with. However, the final decision still rests on the child’s best interests.
- Parental involvement: The court looks at how involved each parent is in the child’s life, like participation in school events.
- Family relationships: The child’s relationship with siblings and other family members can affect custody decisions.
- Parental cooperation: The court considers if parents can help the child maintain a good relationship with the other parent. A history of trying to keep the child away from the other parent can hurt a custody case.
- History of abuse: Any history of violence or substance abuse by a parent is important in deciding custody.
Those details can change. Can custody orders change with them?
Custody arrangements are not set in stone. These arrangements can change if your family circumstances change. This could involve a change in the child’s needs, parental relocation, or a change in either parent’s ability to provide care.
Understanding Georgia law can help parents reach a fair arrangement
By focusing on the child’s best interests, Georgia courts aim to create custody arrangements that support the child’s growth and development. For parents, it is crucial to remain informed and, if necessary, seek legal counsel to ensure that they can protect both their rights and their child’s welfare.