Mistakes That Hurt a Child Custody Case
Contrary to popular
belief, fathers and mothers are equal in the eyes of the court, when deciding a
child custody case. Thus, Georgia is not biased in favor of mothers receiving
physical custody of a child.
Georgia determines
child custody based on the best interest of the child standard. Judges in Georgia
are required to look at a list of 17 relevant factors in order to determine
what would be in the best interests of the child.
Abuse
While Georgia's
public policy encourages the involvement of both parents in a child's life, the
child's safety and well-being is of highest importance. If the court finds acts
of abuse or family violence were committed by the parent, or by another individual with
the parent's knowledge, the court may still award parenting time with a child by
requiring specific safety measures (supervision, time limits, etc.).
To determine
custody, the court will consider the severity of the abuse and the likelihood
of future harm. Only in extreme cases will a court eliminate a parent's physical
custody or terminate parental rights.
Drug and Alcohol Use
Use of drugs and/or
alcohol may be an obvious but common detractor from a parent's argument for
child custody. Georgia courts have even determined a parent's cigarette smoking
may affect child custody.
It is important to
consider that a parent's actions are most notable where a parent is engaging
in an activity that may be harmful to the child. A judge is not likely to be
concerned with a parent's everyday habits or actions, unless those habits or
actions are conducted in the presence of the child and/or may impact the health and safety of the child.
Co-Parenting
A judge will likely consider a parent's ability and willingness to co-parent the child. A parent
should be willing to effectively communicate with the other parent, and avoid bad
mouthing the other parent in the presence of the child,
Written by: Rebekah
Ann James