A court’s decisions in a child custody case in the state of Georgia will be based upon the best interest of the child. It is preferable if the parents can come to an agreement about what is best for the child, but if they cannot, then the court will make the decision on what is in the child’s best interest. The court will decide whether to award sole or joint custody based on a number of factors.
Factors on Which the Court Will Decide Sole or Joint Custody
- The parents’ fitness, character, personality, and general health.
- The parents’ wishes, provided that they are fit.
- The child’s wishes, taking into account the child’s age and maturity. For a child to be heard and his/her testimony to be taken into consideration, the child must be able to separate truth from fiction. The child can be as young as 5 or 6 years old and still be heard if he/she can separate truth from fiction.
- The parents’ ability to communicate with each other.
- The past and current care that the parents have given to the child.
- Any history of domestic abuse.
If there is any history of domestic abuse, it is virtually a certainty that the court will not grant joint custody and will assign sole custody of the child to the parent who did not commit the domestic abuse in an effort to ensure that the child’s best interests are protected.
After the Child Custody Case Is Decided
The child custody order is signed by the judge and filed with the court clerk. At this point, both parents are bound by that order. If a parent is denied court-ordered access to the child, he/she may bring the issue back to the court for reconsideration. The judge may decide to modify the visitation order, order makeup visitation time for the time that was missed between parent and child, order counseling for the parent and/or child, or order mediation between the two parents.
Obtaining Legal Help
Receiving all of the custodial rights you are entitled to in a Georgia child custody case is not an easy matter to resolve. An established and experienced divorce lawyer in the state of Georgia can determine which state laws apply to your case and present the strongest possible case to ensure all of your child custodial rights are considered and you receive an agreement that is satisfactory to you and that ensures the child’s best interests are met.
