Child Custody Factors
In determining the best interest of the child, Georgia family courts are required to consider a total of 17 factors, including:[1]
- The existing relationship between the child and each parent
- Each parent’s knowledge and familiarity of the child and their needs
- The type of home environment that each parent can provide
- Each parent’s involvement in the child’s educational, social, and extracurricular activities
- The mental and physical health of each parent
How to File for Custody in Georgia
1. Agree on Parenting Plan
2. Calculate Child Support
In Georgia, child support uses the shared income model, which adds together the parents’ gross income to determine the amount required to support each minor child under their custody.[3] Parents can use the Georgia Child Support Calculator to estimate the amount that will be ordered by the court.
3. Complete and File the Form
4. Attend the Hearings
5. Receive Court Order
After reviewing all evidence and testimonies, the court will issue a final order that binds both parents until the child turns 18. If both parties are still unable to reach a settlement, the judge will typically issue a temporary custody order, assign a court-appointed guardian, or order alternate methods of dispute resolution for the parents.
Custody Laws
- Child Custody Intrastate Jurisdiction Act: Title 19, Chapter 9, Article 2
- Child’s preference: Children between ages 11 and 14 can share their custody preference with the court. (§ 19-9-3(6)). Children ages 14 and older can file an Affidavit of Custody Election to select which parent they want to live with.
- Parenting plan requirements: § 19-9-1
- Uniform Child Custody Jurisdiction and Enforcement Act: Title 19, Chapter 9, Article 3
- Visitation: Ga. Code Ann., § 19.9.3
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