A Georgia judge decides custody on the child’s best interests, guided by factors the custody statute lists.
What the Statute Says
Under OCGA 19-9-3(a)(3), the judge “may consider any relevant factor including, but not limited to”:
- (A) each parent’s bond with the child and (B) the child’s bond with siblings, half siblings, and stepsiblings, and their residence;
- (C) each parent’s capacity to give love and guidance and to continue the child’s education and rearing, (D) knowledge of the child’s needs, and (E) capacity to provide basic care, counting child support from the other parent;
- (F) each home’s nurturance and safety, (G) continuity in the child’s life, and (H) each family’s stability and support systems;
- (I) “[t]he mental and physical health of each parent, except to the extent as provided in Code Section 30-4-5 and this paragraph and such factors as provided in Code Section 15-11-26”;
- (J) each parent’s involvement in the child’s activities and (K) employment schedule;
- (L) the child’s home, school, and community record and any special needs;
- (M) each parent’s past and future parenting and (N) willingness and ability to encourage the child’s relationship with the other parent, consistent with the child’s best interest;
- (O) any recommendation by a court-appointed custody evaluator or guardian ad litem; and
- any evidence of (P) family violence, child abuse, or criminal history, or (Q) substance abuse, by either parent.
The List Is a Guide, Not a Checklist
In Smith v. Pearce, 334 Ga. App. 84 (2015), a mother argued the trial court had not considered every factor. Affirming the father’s custody award, the Court of Appeals held that “the list is suggestive only, and the superior court need not mechanically analyze every enumerated factor, regardless of its relevance.”
Posts on Single Factors
Our posts on siblings, work schedules, alienation, evaluations, guardians ad litem, family violence, child abuse, criminal history, substance abuse, and a child’s choice each cover one subject.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!