Wednesday, March 26, 2014

How Does a Judge Determine Custody?

Georgia child custody law revolves around the best interest of your child. "In determining the best interests of the child, the judge may consider any relevant factor." O.C.G.A. 19-9-3. An inclusive list of factors a Judge can consider can be found at O.C.G.A. 19-9-3(a)(3).

"If either parent has a history of domestic violence, judges must consider this as well in some states. However, if one parent falsely accuses the other of violence, this false accusation can work against the parent who makes it."

The court determines both legal and physical custody of your child. Legal custody provides that parent with the right to make major decisions regarding the child’s welfare. Physical custody is just what it sounds like; it is where the child will stay. Parents can have joint legal and/or joint physical child custody where they share these responsibilities evenly.

Upon divorce where children are involved, Georgia child custody law requires a parenting plan. This plan sets out in great detail what will happen with child custody, visitation, and decision-making authority. This plan ensures not only that the best interests of your child are met, but also allows both parents to have access to a close relationship with their child. Georgia child custody law allows children over the age of 14 to choose which parent to live with, but all of this is subject to approval by the Court.
Read more about child custody here:

Contact the Law Office of Christine M Bechtold, LLC to discuss your child custody issues. 770.466.2700

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