According to the divorce pamphlet published by the Georgia State Bar, child custody is one of the most important issues to be settled when parents get a divorce. Judges in the state prefer for mothers and fathers to share custody. However, while a joint custody arrangement is preferred, state law require judges to be guided by what is in the individual child’s best interests.
A number of factors can be considered when deciding whether or not joint custody serves the child best. The courts can look at the child’s relationship with each parent as well as the child’s relationships with other family members in the household, each parent’s ability to care for the child physically and emotionally and the child’s adjustment to his current home, school and community environment.
Joint Legal Custody is Just One Arm of Georgia Child Custody Laws
In Georgia, joint legal custody refers to an arrangement where both parties have equal rights and responsibilities when it comes to making major decisions on the child’s behalf. State law defines the four major issue areas as education, religion, medical and extra-curricular.
When parents share legal custody of a child, they are required to work together when issues arise, and neither parent’s opinion holds more weight that the other’s. Because this custody arrangement requires people to set aside their own disagreements with one another and put the child first, joint custody works best for parents who are communicative, respectful and more focused on their child’s well-being than personal grievances.
Divorcing partners who choose a joint legal custody arrangement must file a parenting plan with their other divorce paperwork. This plan details which parent will make final decisions regarding the four major areas and how the parties plan to resolve stalemates without court intervention.
Some parents choose to act jointly in every major category and use the process of mediation to work through differences of opinion that may arise. Some parents chose to have the mother or father make the final call in a specific area. For example, the mother may make the final decision in matters of school and religion, and the father may make the final decision concerning medical issues and extracurricular activities.
Joint Physical Custody in Georgia Child Custody Laws
Joint legal custody is more common than joint physical custody. The latter is used to describe an arrangement where the child spends about the same amount of physical time every year with each parent. Joint physical custody works best for the child when the parties live in close proximity to each other.
Georgia courts are less likely to approve joint physical custody if it will be too stressful on the child to bounce back and forth between households. In many joint custody arrangements, parents agree to share legal custody, but name one person as the primary physical custodian. In such a case, the parent who does not retain primary physical custody will have specific visitation rights, also laid out in the parenting plan.
Sole Custody Refers to Legal and Physical Rights and Responsibilities
If joint custody is not the best option for a child, then one parent will retain sole custody. A mother or father who has sole custody is in charge of making all decisions for the child as well as maintaining a safe, stable home.
A joint custody arrangement is often ordered when one parent is physically or mentally incapable of caring for the child. An example of this would be a parent who is in prison or otherwise institutionalized. In a case of sole custody, the noncustodial parent will still have visitation rights unless visitation with that parent is considered harmful to the child.
Georgia Custody Laws and How They Affect Child Support
In Georgia, child support is considered the right of the child, and the parents cannot deem it unnecessary without good case. As a rule, the court will require the party who does not have primary physical custody to pay child support to the party who does.
Child support is calculated via a shared income model based on the money each parent makes each month. If parents share physical custody of the child and make approximately the same amount of money, child support can be lowered or even waived all together. It is important to consult an attorney before asking the court to approve a child support amount that is lower than the one calculated per the legal algorithm detailed in Georgia child support laws.
While divorce is hard on every family member, Georgia custody law is drafted in a way to make the process focus fully on caring for the child in the best possible way. Parents who are able to responsibly and respectfully share custody after a marriage ends can take comfort in the fact that they are doing everything possible to support the relationship's most important asset.
For more information regarding child custody and support in Georgia, please read Georgia Child Support Laws: Who Pays What?
Janice Fahy - Janice Fahy is a freelance writer who is comfortable researching and writing on just about any topic under the sun.
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