In the state of Georgia, there is no presumption in favor of one parent with respect to custody. There are two types of custody for the Court’s consideration; legal and physical.  Both types of custody could designated solely to one parent or it could be shared. 

Legal custody addresses each parent’s authority to make decisions about the child’s upbringing. There are four distinctions outlined by the Court giving one parent final decision-making authority in the event the parents cannot agree. Those categories are: 1) education, 2) religion, 3) non-emergency medical care, 4) and extracurricular activities. Physical custody addresses with whom the child(ren) will live as well as the amount of parenting time for the non-custodial parent. 

The legal standard that the Courts follow in order to decide custody is done pursuant to O.C.G.A §19-9-3(3) which provides guidance on the Best Interest of the Child standard. In addition, the Court can appoint a custody evaluator or a Guardian ad Litem to conduct an investigation and provide the Court with a recommendation with respect to custody and/or visitation.  

The term visitation is antiquated. As a parent you are doing more than “visiting” with your child. You visit friends and destinations. Pursuant to O.C.G.A. §19-9-1, Courts requires that the parties submit a parenting plan. Our office will assist you in drafting a parenting plan that provides a significant amount of parenting time that allows for more meaningful interactions that extend beyond the traditional concept of visitation.

While there is a significant amount of case law that addresses the best interest standard, those cases often cite the language in O.C.G.A. § 19-9-3 which enumerates the factors for which the Court must consider the bests interests of a child. In relevant part, the Court will consider the following factors which include but are not limited to:

O.C.G.A. § 19-9-3 (3) In 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 existing between each parent and the child;

(B) The love, affection, bonding, and emotional ties existing between the child and his or her siblings, half siblings, and stepsiblings and the residence of such other children;

(C) The capacity and disposition of each parent to give the child love, affection, and 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 environment 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 the 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 of the parents 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 or 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.

Also, many cases involve multi-state or multi-county jurisdictional issues which may implicate the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) or The Interstate Compact of Placement of Children (ICPC). Our office can assist if the facts of your case give rise to the application and review of either statute is implicated.