What Is the Best Interest of the Child?
The best interest of
the child is the law a judge will follow to determine who gets custody of a
child. When the parties cannot work out an agreement on child custody, a Georgia
court will apply the best interest of the child standard.
Most Georgia courts
will require parties to attempt to settle their dispute outside of the courtroom.
While a judge would prefer for the parties to come to an agreement which would
work best for them and their child(ren), if the parties cannot agree, the court
must hold a hearing to decide custody.
Factors Considered When Determining Custody
The Georgia legislature
has laid out a list of factors which a judge is required to consider when it must
make a ruling on child custody. However, the judge has wide discretion when interpreting
these factors to determine what situation would be in the best interest of the
child involved.
When determining the
best interests of the child, the judge may consider any relevant factor
including, but not limited to:
A) The love, affection,
bonding, and emotional ties between the child and his or her parent;
B) The love, affection,
bonding, and emotional ties between the child and his or her siblings;
C) Each parent's
capacity and disposition to provide the child with love, affection, guidance,
and to continue the education and rearing of the child;
D) Each parent's
knowledge and familiarity of the child and the child's needs;
E) The capacity and
disposition of each parent to provide the child with food, clothing, medical
care, day-to-day needs and other necessary basic care, with consideration made
for the potential payment of child support by the other parent;
F) The home of each
parent, considering the promotion of nurturance and safety of the child rather
than superficial or material factors;
G) The importance of
continuity in the child's life and length of time the child has lived in a
stable, satisfactory environment, and the desirability of maintaining
continuity;
H) The stability of the
family unit of each of the parents, and the presence or absence of each
parent's support systems within the community to benefit the child;
I) The mental and
physical health of each parent;
J) Each parent's
involvement, or lack thereof, in the child's educational, social, and
extracurricular activities;
K) Each parent's
employment schedule and the related flexibility or limitations, if any, of a
parent to care for the child;
L) The home, school, and
community record and history of the child, as well as any health or educational
special needs of the child;
M) Each parent's past
performance and relative abilities for future performance of parenting
responsibilities;
N) The willingness and
ability of each parent to facilitate and encourage a close and continuing
parent-child relationship between the child and the other parent, consistent
with the best interest of the child;
O) Any recommendation by
a court-appointed custody evaluator and guardian ad litem;
P) Any evidence of
family violence or sexual, mental, or physical child abuse or criminal history
of either parent; and
Q) Any evidence of
substance abuse by either parent.
Written by: Rebekah Ann
James