Child Custody in Georgia
For parents, going through a divorce or separation is stressful. In Georgia, child custody decisions center on the best interests of the child, not the preferences of either parent. Judges evaluate factors such as each parent's relationship with the child, stability of the home environment, and ability to meet the child's needs. Parenting time and decision-making authority may be shared or granted primarily to one parent depending on the circumstances. Here, an Atlanta divorce attorney explains how judges decide parenting time and parental decision-making in Georgia.
Two Elements of Child Custody: Parenting Time and Decision Making
When parents separate, one of the hardest questions is how to share custody of a child. In Georgia, custody is divided into two important elements: legal custody and physical custody. Here is an overview of the key points that parents in Georgia should know about the types of custody rights:
Legal Custody: Legal custody is about decision-making power. It determines who has the authority to make major decisions about a child's upbringing. Some key areas of decision-making that are covered by legal custody include things like schooling, medical treatment, and religious involvement. In Georgia, courts often award joint legal custody, which means both parents share responsibility. Even if one parent has final decision-making power in a certain area, both parents are encouraged to communicate and cooperate.
Physical Custody: Physical custody is about where a child lives and how time is divided. Parenting time (also sometimes called visitation) sets the schedule for when a child stays with each parent. In some cases, one parent is designated the "primary custodian" for custody. In other cases, time may be split more evenly. Parenting time matters not just for routine care, but for the daily love, presence, and guidance a child receives.
An Overview of the Best Interests of the Child Standard in Georgia
How are custody issues actually resolved in Georgia? The short answer is that what is best for the child is always the primary consideration. Under Georgia law (GA Code § 19-9-3), all custody decisions must serve the "best interests of the child." The standard means the judge is less concerned about what feels fair to the parents and more focused on what arrangement will help the child grow up safe, healthy, and supported. Each case is unique, and courts carefully weigh many different factors before reaching a decision. Here is an overview of factors that are commonly considered:
The love, emotional ties, and relationship the child has with each parent;
Each parent's ability to provide food, clothing, medical care, and other daily needs;
The stability of each parent's home environment and community connections;
The willingness of each parent to encourage a positive relationship between the child and the other parent;
The physical and mental health of each parent; and
The child's preference when he or she is old enough and mature enough to give input.
The Bottom Line: The "best interests" test is the heart of every custody case in Georgia. Parents who understand these factors can better show the court how their love, effort, and home life meet their child's needs.
How Parents Can Prove They Can Provide the Best Environment for Their Child
Even when emotions run high, there are concrete steps parents can take to demonstrate their commitment to creating the right environment for their child. Judges want to see actions that show stability, love, and responsibility. Here is what you can do as a parent in Georgia to put yourself in the best position to get your preferred outcome in a child custody case:
You should Show Consistency in Daily Care: Consistency matters. You should keep a stable routine for meals, school, and bedtime. Courts value a parent who provides predictability and structure to better care for their child.
You Should Maintain a Safe and Stable Home: A clean, safe home shows that a child's well-being is your top priority. Stability can carry more weight than material wealth.
You Should Support the Child's Relationship with the Other Parent: Even if things are difficult, you should encourage your child to maintain a strong relationship with the other parent. Courts in Georgia look favorably on cooperation.
You Should Stay Involved in School and Activities: Parents should stay involved as much as possible. Among other things, this means attending parent-teacher conferences, helping with homework, and showing up for extracurriculars.
You Should Prioritize the Health and Well-Being of Your Kid(s): You should always make sure your child attends medical appointments and has health insurance coverage. Courts want to know that physical care is not neglected.
You Should Do Your Best to Model Good Behavior: Finally, it is best to avoid conflict in front of the child and manage stress in healthy ways. In Georgia, judges often consider a parent's ability to provide an emotionally stable environment.
Child Custody Tip: A one-size-fits-all approach is not the answer. You should do what makes the most sense in your specific situation to show that you can provide a happy, healthy, stable, and loving relationship for your child(ren).
Why Trust the Georgia Custody Lawyers at Meriwether & Tharp
Child custody cases are complicated. As a parent, it is normal to feel stressed out, frustrated, and even overwhelmed by the process. At Meriwether & Tharp, LLC, we are well-versed in Georgia's child custody law. Our firm has a deep understanding of our state's best interests of the child standard, and we are prepared to help you put together a strong, compelling case. Your initial consultation with a Georgia family lawyer is confidential and without further obligations.
Call Our Georgia Family Law Attorneys Today
At Meriwether & Tharp, LLC, our Georgia family law attorneys have the knowledge, skills, and experience to handle custody and visitation cases. If you have any questions about how courts decide parenting time and or parental decision-making authority, we are here to help. Contact us today for a fully confidential, no obligation initial consultation. We provide child custody representation in Atlanta and throughout the region in Georgia.