A Georgia judge can place siblings in different homes, but the bond between the children is one of the factors the judge weighs.
What the Statute Says
In deciding a child’s best interests, the judge may consider “[t]he love, affection, bonding, and emotional ties existing between the child and his or her siblings, half siblings, and stepsiblings and the residence of such other children.” OCGA 19-9-3(a)(3)(B). It is one of the factors listed in OCGA 19-9-3(a)(3), which the judge may weigh along with any other relevant factor.
Examples
For example, in Anderson v. Anderson, 278 Ga. 713 (2004), the parents had joint legal custody, and the trial court gave the mother primary physical custody of their son and the father primary physical custody of their daughter. It relied in part on the son’s age and his bond with his mother. The mother argued the split rested on the fact that the father had adopted the son, but the Georgia Supreme Court found no evidence of that and affirmed.
On the other hand, in Hastings v. Hastings, 291 Ga. 782 (2012), the trial court refused to divide two children between the parents. It found that “splitting up the siblings would cause emotional harm and was not in the best interest of the children.” The Georgia Supreme Court found “no error in the trial court’s decision to keep the children together.”
So whether separating siblings would hurt them is a question the judge answers on the evidence in each case.
Child Support When Children Are Split
When each parent has primary custody of at least one child, child support is calculated differently, as our post on child support in a split parenting case explains. How the major decisions are shared is covered in our post on joint legal custody.
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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!