The 17 Child Custody Factors. How Georgia Judges Determine What Is In Your Child’s Best Interest

Does it matter that dad is an alcoholic? What if mom had an affair? With a felon? How about the time dad forgot to pick up the kids from school?  But mom is breastfeeding! How do judges decide?

THE LAW     

In Georgia, juries are not allowed to decide custody of a minor child, only a judge can do that. Official Code of Georgia (2015 Edition), §19-9-3(a)(2). Even when parents agree on custody and parenting, the judge is required to review the agreement and either approve it “as is” or supplement it before approving of it. Official Code of Georgia (2015 Edition) §19-9-5.

Neither parent starts with an advantage when answering the custody question. There is “no presumption in favor of any particular form of custody, legal or physical, nor in favor of either parent.” Official Code of Georgia (2015 Edition), §19-9-3(a)(1).

Leave Custody Up To Your 14-Year-Old?

In a divorce, who should decide the child custody question? Parents of tweens and young teens, I am curious to know what types of decisions you think they are capable of handling. Better yet, don’t base your response on your above-average child, please consider the average 14-year-old population. At this age, I’ll bet we would find a wide range of scores if we measured maturity (intellectual, physical, spiritual & emotional), naivete, or cognitive skills. Gender might also impact the results.

What about your family?  What level of family decision-making would you turn over to your 14-year-old?   We are not talking about whether a child should be allowed to express their opinion or even be asked their thoughts on a matter. I’m asking if the child should be given the ability to have the final say. There is a BIG difference.

In Georgia, our legislature long-ago (early 1960s) determined that, with minor exceptions, when a family separates, a 14-year-old has the right to choose which parent they will live with. Fifty years later, the legal community debates whether that is a good idea.

Help Your Kids Survive Your Divorce

 

I know that you’re worried most about your children and that you’re determined to protect them during your divorce. You know that children often feel caught in the middle when one household becomes two.

The way you and your partner behave during your divorce will be the biggest predictor of how it affects your children.

The good news is that most parents reported their divorce did not have a negative impact on their children. Unfortunately, in that 2004 study published in AARP The Magazine (The Divorce Experience:  A Study of Divorce at Midlife and Beyond, Xenia P. Montenegro), almost half of parents reported that their divorce did have a negative impact on their children. Sixty-seven percent (67%) of those said their children were sad, 42% said their kids were angry and 22% said their child was devastated. That’s heartbreaking to hear.

The way you and your partner behave during your divorce will be the biggest predictor of how it affects your children. I know that you’ll do everything within your power to help your child work through the transition with as little disruption as possible.

Here are 8 reminders that will help you help your children: