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Georgia Divorce Custody


“Which parent gets the custody of the child”? This question is the most emotionally draining one and often divorcing parents contesting for child custody are found to be emotional wrecks! Georgia divorce custody cases are decided with complete care that the welfare, care, safety and the best interests of the child are in no way compromised. Following factors are considered while child custody cases are battled in Georgia courts:
  • Judges seek parental preference of the child of the age 14 or above while deciding on child custody issue. In the cases of children below 14, it is for the courts to determine which parent would be able to provide emotional, social, religious and medical support to the child.

  • Most of the times, Georgia courts advise divorced parents to settle the issue of custody and visitation “out of the court”. If the parents have arrived at workable parenting plan regarding custody and visitations, they are asked to stipulate and put everything in writing. Then they are to get the consent or approval of the judge. Divorce child custody laws in Georgia are very stringent regarding the issue of mentioning the slightest detail on matters of visitation schedules, the tie to pickup the child, with which parent the child is to spend the weekends, his/her holidays. They may appear trivial at the time of setting up of the parenting plan and visitation schedules; however, these details are to avoid conflicts in future.

  • Georgia courts may award one parent or both parents legal custody of the child where they both can jointly take legal, educational and religious decisions of the child. If it is not a joint legal custody then it could be that only one parent gets sole custody of the child not only for resident of the child, but also regarding legal decisions.

  • If there are more than one child involved in the child custody battle, then Georgian courts are known to award split custody. Each parent may get the custody of one child such as father gets the son or mother gets the daughter. The non-custodian parent is awarded visitation rights for the child who is not staying with him/her.

  • Courts handling Georgia divorce custody cases prefer joint custody of the parents to ensure that the child is benefited by the presence of both the parents in his/hr life. However, joint custody is awarded only in the cases where both the parents are willing to cooperate with each other for the sake of the child despite of their divorce. Joint custody is not awarded in the case where one parent is found to be having police records of child neglect or child abuse or drug addict or an alcoholic.

  • While considering the best interests of the child, Georgia courts ensure that the parent who can support the child emotionally, mentally and also keep the child’s interests in top priority, gets the divorce child custody.

  • Child custody laws in Georgia try to give importance to the stability of the family unit in which the child lives. The parent living near the community which the child is used to is likely to get child custody owing to the stability he/she can provide to the child.

  • Courts ask both the parents to extend child support till the child reaches the age of 18 or has joined defense forces of the nation. Child support figure is deduced after considering the net incomes of both the parents after deducting the taxes. It is a myth that withdrawing child support is not a crime. In fact, child custody laws in Georgia specify that failing to provide child support is a punishable act and the guilty parent can be arrested.


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