Child Custody

An initial determination with regard to the custody of a child is to be made by a court examining what is in the “best interest” of the child. In 2008, the Georgia legislature instituted a set of specific factors to be considered in determining what is in the best interest of a child, they include:

  1. The love, affection, bonding, and emotional ties existing between each parent and the child;
  2. The love, affection, bonding and emotional ties existing between the child and his or her siblings, half siblings, and stepsiblings and the residence of the other children;
  3. The capacity and disposition of each parent to give the child love, affection, and guidance to continue the education and rearing of the child;
  4. Each parent’s knowledge and familiarity of the child and the child’s needs;
  5. The capacity and disposition of each parent to provide the child with goods, 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;
  6. Any recommendation by a court appointed custody evaluator or guardian ad litem;
  7. Any evidence of substance abuse by either parent.

The Court can consider any other facts that it deems relevant to the best interest of the child.

The Court can appoint a Guardian ad Litem, an independent attorney, to conduct an investigation and make a recommendation to the Court regarding the best interest of the child.

In addition, or as an alternative, the Court may order that the parties and the children be evaluated by a psychologist who will conduct a full examination, including psychological testing, and then make recommendations to the court regarding custody and parenting time with the children.