A Georgia judge may weigh family violence by either parent. Once the judge finds it happened, the safety of the child and the parent who was harmed comes first.
What the Statute Says
OCGA 19-9-3(a)(3)(P) lists “[a]ny evidence of family violence” among the best interest factors. Once “the judge has made a finding of family violence,” OCGA 19-9-3(a)(4) requires the judge to “consider as primary the safety and well-being of the child and of the parent who is the victim of family violence,” and must also weigh the perpetrator’s history of harm. A parent who leaves for a reasonable time because of the violence has not abandoned the child, and the judge may not ignore evidence of violence merely because no court found it before.
Visitation for the Parent Who Committed It
Under OCGA 19-9-7(a), that parent may have visitation “only if the judge finds that adequate provision for the safety of the child and the parent who is a victim of family violence can be made.” The judge may require supervised visits, exchanges in a protected setting, a family violence intervention program, or no overnights. But OCGA 19-9-7(c) bars requiring the victim to attend joint counseling with the perpetrator as a condition of custody or visitation.
Examples
In Welch v. Welch, 277 Ga. 808 (2004), the father had twice been violent toward the mother, but the trial court made no finding of family violence and awarded him custody. The Georgia Supreme Court affirmed, citing his remorse and the lack of evidence of ongoing violence.
In Finklea v. Finklea, 290 Ga. 357 (2012), each parent testified to violence by the other, and the father received primary physical custody. Neither had requested written findings under OCGA 19-9-3(a)(8), and the Supreme Court affirmed, unable to conclude the evidence was ignored. So ask for findings before the evidence closes.
A protective order can also award temporary custody, OCGA 19-13-4(a)(4), which our protective order posts cover.
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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!