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In every state, divorce and family law courts must base custody decisions on the best interests of the child. While judges have some discretion to determine what this means in each case, there are several standard factors they look at to help make their ruling. Knowing what these are will give you an advantage when fighting to gain custody of your own children. Here are a few of the primary consideration taken into account when ordering a custody arrangement.

How Child Custody Is Decided in Georgia’s Divorce & Family Law Courts

1. The Child’s Relationship With Both Parents

Typically, judges will try to minimize the amount of disruption being caused to the child’s normal routine. As such, they find it important to carefully review the individual relationships both parents have with the child. They will be investigating to see if one relationship is considerably stronger than the other and which parent has fulfilled the role of primary caregiver for most of the child’s life.

2. The Willingness of Parents to Cooperate

divorce and family lawOne of the main goals in divorce and family law court is ensuring a child is able to have a continued relationship with both parents regardless of how custody is awarded. For this reason, judges tend to look more favorably upon parents who show they’re willing to co-parent and encourage the child to spend time with the other parent.

3. The Parents’ Living Accommodations

The parents’ ability to provide a stable environment for the child is always a top concern for the court when deciding on custody. The judge will inquire about each parent’s living situation to make sure there is room for the child, the accommodations are clean, and the home is in a safe neighborhood. They will also want to know if a parent has work obligations that will keep them away from home quite a bit.

4. The Physical & Mental Health of Each Parent

Before granting custody, divorce and family law judges must consider if a parent has any mental or physical disabilities that could keep them from properly caring for the child. Being disabled doesn’t automatically mean a parent can’t handle their child’s needs, but the court will reflect on this when handing down a custody order.

 

If you are going through a custody battle, the guidance of an experienced divorce and family law attorney will prove invaluable to your case. The Law Offices of Terrence J. Paulk, PC, are committed to helping you get the custody arrangement you desire and will put together an effective presentation for the court that highlights the positive contributions you make to your children’s lives. For over 30 years, residents throughout Ben Hill County, GA, have relied on their expertise for sound legal advice and successful resolutions. Call (229) 423-8783 to schedule a consultation, or visit them online to learn more about the services they offer.

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