Best interests of the child is the gold star in any Georgia family law matter. Perhaps the best solution for ensuring this criteria is met is outlined in OCGA § 19-9-1, which suggests that parents should find a way to co-parent that facilitates a close and continuing parent-child relationship and continuity in the child’s life.
The court requests that each parent prepares a parenting plan, or that they submit a joint plan that is agreeable to both parties. This plan should cover important topics in a child’s life. These topics include:
- Legal custody
- Physical custody
- Overnight visits
- Holidays
- After-school plans
- Extracurricular activities
- Vacations
- Summer break
- Transporting the children
- Exchanging the children
- Tiered adjustments for different ages/stages of life
- Relocation
- Unexpected changes
- Response time
- Day-to-day decisions
- Emergency decisions
- Financial obligations
- Healthcare decisions
- Communication (parent/child and parent/parent)
- Mutual respect
- Medical and school records
- School attendance
- Safety provisions
- New partners
…and even more. It’s important to address anything and everything that may arise in a parenting plan because a final order from a court is binding, and can stay that way for at least two years after the dissolution of marriage, if not longer, depending on circumstances and the best interest of the child. Any final order from the court in a legal action involving custody of a child is statutorily required to incorporate a permanent parenting plan.
In determining custody issues in terms of the best interest of the child, the court takes into consideration anything that it may deem relevant, including the parent-child and child-siblings relationships; the capacity of each parent to provide love, affection, and guidance; the capacity to provide the child with food, clothing, shelter, and other day-to-day needs; where the child may have a stable and safe environment.
Georgia law specifically allows for two additional considerations when determining child custody: a child who has reached the age of 14 may decide which parent they want to live with, and a child who has reached the age of 11, but is not yet 14, is allowed to express their wishes to the judge. It’s important to note that both of these instances in which the child speaks to the court still need to fulfill the best interest of the child requirement, which is determined by the court after reviewing all pertinent evidence.
There are two different kinds of custody that you should be aware of: physical custody and legal custody.
Physical custody is where the child will live, and who will be their primary caretaker. The most common type of physical custody is when one parent has primary custody and the other parent enjoys parenting time. Joint physical custody, sometimes called 50/50, is when the parents split parenting time – and thus physical custody – about equally. Sole physical custody is when one parent has nearly all the parenting time. Sometimes this one comes about when spending time with the other parent will negatively impact the child’s health or welfare.
Legal custody is the ability to make certain decisions for the child. Similarly to physical custody, legal custody can be joint, or sole. Sole legal custody is just how it sounds: one parent makes all the decisions for and about the child. With joint legal custody, there can be a variety of unique plans for parents. Sometimes, joint decisions are made on every major event. Sometimes, the decision belongs to the parent with whom the child is physically at that moment in time. Sometimes, health decisions rest solely with one parent, while day-to-day decisions with the physical custodian. When some parents just can’t agree, a third party can be a decisionmaker for certain events or topics.
Child custody arrangements can also trigger child support. This can be based on income, ability to pay, need, age of the child, and other circumstances unique to your situation. Georgia law bases its child custody calculations in overnight visits, not day time physical custody. If parents have joint physical custody, income is typically key to determining who, if anyone, will get child support.
Regardless of the agreement the parents or guardians come to, the Georgia judge has the final say in all matters of child custody. As mentioned above, there are statutory provisions that must be met in order for a parent to seek any modification to the plan that is ordered through the dissolution of marriage, so ensuring every need is outlined is paramount.
