Divorce is almost always a stressful and life-altering experience. However, when the divorce involves minor children, the process can be even more tumultuous. Many parents fear they will end up having little contact with the children they love so dearly.

When a marriage breaks up, Georgia courts award child custody based on the best interests of the child. Every case is different, and your Georgia divorce attorney can advise you how the courts might view your particular case.

That said, Georgia family law does prescribe some basic factors for courts to consider when determining the best interests of the child. They include:

  • The love and emotional ties between the parent and child
  • The desirability of having the child reside with his or her siblings, step-siblings or half-siblings
  • Each parent's ability to give the child affection, guidance and education
  • Each parent's ability to understand and provide for the child's basic needs
  • Each parent's ability to provide a safe and nurturing home for the child
  • The desirability of having the child continue to live in the same community
  • Each parent's ability to provide a stable family environment
  • Each parent's level of involvement in the child's educational, social or extracurricular activities
  • Whether the parents' work schedules grant them the flexibility to properly care for a child
  • The child's history in school, at home and in the community, including any special educational or health needs
  • Each parent's past performance as a parent, and their comparative ability to effectively parent the child
  • Each parent's willingness to promote a close relationship between the child and the other parent
  • Any recommendations from a custody evaluator or guardian ad litem
  • Any history of criminal activity by either parent including, but not limited to, family violence, child abuse or substance abuse

Georgia Parenting Plans

Once the court has determined child custody, both parents will be required to submit a parenting plan. Ideally, the parents will agree to a joint plan. If the parents cannot reach an agreement, they may each submit a proposal and the court will draft the final plan.

Parenting plans are designed to reduce the confusion that comes with shared custody. For example, they provide guidance for common areas of disagreement including decision-making responsibilities, parenting schedules, holiday visits and communication plans.

Nothing can make a child custody case easy. However, understanding how the court makes its decision will help you be better prepared to present your case.

Source: Georgia Child Custody Statutes - O.G.C.A. 19-9-1, et seq.