Divorce & Child Custody Laws in Georgia
Georgia divorce and child custody laws set forth the rules and regulations associated with establishing, enforcing and altering a child custody order in the state. Georgia divorce and child custody laws encourage parents to negotiate an agreement between themselves regarding custody of and visitation with the child. Failing to reach an agreement regarding custody and visitation, the court issues an order establishing the custody arrangement of the parents and child as part of the overall divorce proceedings.
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Best Interests of the Child
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At the heart of Georgia divorce and child custody laws is the determination of what is in the best interests of the child. Georgia law requires a consideration of a number of factors in determining what is in the best interests of the child. These factors include which parent historically served as the primary caretaker of the child as well as the psychological and physical status and capabilities of the parents and the child. Another consideration is which parent is more likely to encourage the non-custodial parent to regularly take part in visitation with the child.
Temporary Custody
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Georgia law provides for temporary custody in a divorce case. A temporary custody order is issued by the judge that sets forth which parent will have residential custody of the child during the divorce proceedings. The temporary custody order also sets forth a temporary visitation schedule for the duration of the divorce proceedings.
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Joint Legal Custody
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Joint legal custody is the legal preference in Georgia divorces. Joint legal custody exists when both parents share equally in making major decisions for the child. Typically, although both parents share equally in decision making, one parent is designated the primary residential custodian of the child. What this means is that the child has a primary residence with one parent and the other parent gets regular visitation.
Sole Legal Custody
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Although not preferred in Georgia law, sole legal custody sometimes is necessary. Sole legal custody exists when only one parent is vested with power to make decisions for the child. The other parent may or may not be permitted visitation. Sole custody is necessary when one parent is unable to participate effectively in making decisions for the child. For example, the parent is incarcerated and unavailable to make decisions for the minor child.
Violation of Custody Order
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Georgia law requires you to demand the return of your child if you have residential custody and the other parent fails to return the child following a visitation. If you believe the other parent does not intend to abscond with the child, your next step is to file a motion to enforce the custody agreement in the divorce or paternity case. If you reasonably believe the other parent intends to abscond with the child, you need to contact law enforcement and report a parental kidnapping.
Change of Custody
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Parents can reach agreements between themselves to change custody. However, absent agreement, Georgia laws require a demonstration of what legally is known as a material change of circumstances to change the custody of a child through court order. A material change of circumstances is a change so significant that the current custodial arrangement no longer is in the best interests of the child. For example, the parent with residential custody is plagued by a substance abuse addiction and no longer properly cares for the child.
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