Savannah Custody Attorney 

Factors Courts Consider in Custody Cases

When deciding child custody cases, Georgia courts focus on the best interests of the child. This standard ensures that the child’s well-being, stability, and safety come first. Some key factors include:

Each Parent’s Relationship with the Child

• Who has been the child’s primary caregiver?
• The emotional bond between the child and each parent.
• The parent’s involvement in the child’s education, healthcare, and daily life.

Financial Stability and Home Environment

• Does each parent have a safe and stable home for the child?
• Can they provide food, clothing, medical care, and education?
• Any history of substance abuse or criminal behavior?

Education and Routine

• Will the child’s school and extracurricular activities be disrupted?
• Who is better able to maintain consistency in the child’s routine?

Courts may also consider the child’s preference, especially if they are 14 years or older.

Different Forms of Child Custody

Child custody disputes can become unexpectedly complicated in what feels like an instant for the parties involved. Many of these legal hurdles arise due to the different forms of child custody and trying to decide which are fair for your unique situation. Our family law firm in Savannah is committed to helping you reach an amicable solution that treats your children right.

The four forms of child custody in Georgia and other states are:

• Physical custody: A parent’s right to live with and house a child after divorce.
• Legal custody: A parent’s right to make important life decisions for a child, such as religious upbringing and medical decisions.
• Sole: A parent does not split a custody right at all with their ex-spouse.
• Joint: Both ex-spouses have some or equal control over custody rights.

Your child custody order will need to decide upon how both physical and legal custodies will be split jointly, or not at all if sole is elected instead. For example, if you win sole physical custody but joint legal custody, you will be the only parent capable of living with your child but you must consult with your ex-spouse when making important life decisions for your child.

Frequently Asked Questions (FAQs)

Can I modify a child custody agreement after a divorce?

Yes, custody agreements can be modified if there is a significant change in circumstances affecting the child’s well-being. This may include relocation, job changes, remarriage, or safety concerns.

Do Georgia courts favor mothers over fathers in custody cases?

No. Georgia courts base custody decisions on what is in the child's best interests, not the parent's gender. Both mothers and fathers have equal rights to seek custody.

What happens if my ex refuses to follow the custody order?

If one parent does not adhere to the court-ordered custody arrangement, the other parent can file a motion for contempt, which may result in legal penalties or modifications to custody.

Do grandparents have custody or visitation rights in Georgia?

Yes, under certain circumstances, grandparents or other relatives can petition for custody or visitation, especially if they can prove that maintaining a relationship is beneficial to the child.

Can my child decide which parent they want to live with?

Children aged 14 or older can express a preference, and courts usually consider their wishes unless it would harm their well-being. Children between 11 and 13 may also have input, but their preference carries less weight.

How long does a child custody case take in Georgia?

The timeline varies depending on whether parents can reach an agreement. Mediation cases may resolve in a few months, while contested custody battles requiring court intervention can take several months to over a year.