Macon GA Child Custody Attorney – Factors for Georgia Child Custody

Factors in Determining Child Custody in Georgia 
In all cases in which the custody of any child is at issue between the parents,
there shall be no prima-facie right to the custody of the child in the father or
mother. There shall be no presumption in favor of any particular form of
custody, legal or physical, nor in favor of either parent. Joint custody may be
considered as an alternative form of custody by the judge and the judge at
any temporary or permanent hearing may grant sole custody, joint custody,
joint legal custody, or joint physical custody as appropriate.

The judge hearing the issue of custody shall make a determination of
custody of a child and such matter shall not be decided by a jury. The judge
may take into consideration all the circumstances of the case, including the
improvement of the health of the party seeking a change in custody
provisions, in determining to whom custody of the child should be awarded.
The duty of the judge in all such cases shall be to exercise discretion to look
to and determine solely what is for the best interest of the child and what will
best promote the child’s welfare and happiness and to make his or her award
accordingly.

In determining the best interests of the child, the judge may consider any
relevant factor including, but not limited to:
(A) The love, affection, bonding, and emotional ties existing between each
parent and the child;
(B) The love, affection, bonding, and emotional ties existing between the
child and his or her siblings, half siblings, and stepsiblings and the residence
of such other children;
(C) The capacity and disposition of each parent to give the child love,
affection, and guidance and to continue the education and rearing of the
child;
(D) Each parent’s knowledge and familiarity of the child and the child’s
needs;
(E) The capacity and disposition of each parent to provide the child with food,
clothing, medical care, day-to-day needs, and other necessary basic care,
with consideration made for the potential payment of child support by the
other parent;
(F) The home environment of each parent considering the promotion of
nurturance and safety of the child rather than superficial or material factors;
(G) The importance of continuity in the child’s life and the length of time the
child has lived in a stable, satisfactory environment and the desirability of
maintaining continuity;
(H) The stability of the family unit of each of the parents and the presence or
absence of each parent’s support systems within the community to benefit
the child;
(I) The mental and physical health of each parent;
(J) Each parent’s involvement, or lack thereof, in the child’s educational,
social, and extracurricular activities;
(K) Each parent’s employment schedule and the related flexibility or
limitations, if any, of a parent to care for the child;
(L) The home, school, and community record and history of the child, as well
as any health or educational special needs of the child;
(M) Each parent’s past performance and relative abilities for future
performance of parenting responsibilities;
(N) The willingness and ability of each of the parents to facilitate and
encourage a close and continuing parent-child relationship between the child
and the other parent, consistent with the best interest of the child;
(O) Any recommendation by a court appointed custody evaluator or guardian
ad litem;
(P) Any evidence of family violence or sexual, mental, or physical child abuse
or criminal history of either parent; and
(Q) Any evidence of substance abuse by either parent.

In all cases in which the child has reached the age of 14 years, the child shall
have the right to select the parent with whom he or she desires to live. The
child´s selection shall be controlling, unless the parent so selected is
determined not to be a fit and proper person to have the custody of the child.

In all cases in which the child has reached the age of at least 11 but not 14
years, the court shall consider the desires, if any, and educational needs of
the child in determining which parent shall have custody. The court shall
have complete discretion in making this determination, and the child´s
desires are not controlling. The court shall further have broad discretion as to
how the child´s desires are to be considered, including through the report of
a guardian ad litem. The best interest of the child standard shall be
controlling.

The desire of a child who has reached the age of 11 years but not 14 years
shall not, in and of itself, constitute a material change of conditions or
circumstances in any action seeking a modification or change in the custody
of that child.

The court may issue an order granting temporary custody to the selected
parent for a trial period not to exceed six months regarding the custody of a
child who has reached the age of at least 11 years where the judge hearing
the case determines such a temporary order is appropriate.
-Section 19-9-3 of the Georgia Code.