How Does Child Custody Work in GA?
Georgia courts
would prefer parents to come to an agreement on child custody. If the parents
cannot agree, the judge will make a determination of custody based on the best
interests of the child.
There is a specific
list of factors outlined in the law, which the judge will use to determine
custody. In order to decide what is in the best interests of the child(ren),
the judge will look at safety concerns, emotional ties, each parent's capacity
to parent, each parent's involvement, the child's election (if they are old
enough), each parent's ability to co-parent, and any evaluations that have been
performed.
Guardian Ad Litem
Since most courts
are busy and do not have the time to perform an in-depth investigation on the
child's well-being, many courts will appoint a Guardian Ad Litem (GAL) to analyze the
case and create a report for the judge. The GAL can be anyone who has been trained and approved by the child advocate's office, but it is commonly a lawyer or other qualified legal professional.
Legal Custody
The 2 types of custody
in Georgia are: legal custody and physical custody. Legal custody is concerned
with decision-making authority over the child or children involved.
Both parents should
discuss and attempt to come to an agreement on any major decisions concerning
the child(ren). If the parents cannot agree, there are 4 main categories where there
must be a final decision-maker: non-emergency medical, education, extracurricular
activities, and religion. It is common for courts to award joint legal custody,
with each parent having final decision-making authority on 2 categories.
Physical Custody
When most people
hear of child custody, they think of physical custody, which is actual physical
time spent with the child(ren). Both legal and physical custody are determined
using the best interests of the child standard.
Georgia law has no
preference for one parent over the other. As long as safety is not an issue, time
spent with the child(ren) is usually split between the parents according to a
parenting schedule. The types of physical custody are joint custody, primary
custody, and sole custody.
Written by: Rebekah
Ann James