JARRETT & PRICE
​






​Offices from Savannah to Northeast Georgia

                                         Call
800-206-1032

​
                                     
  • Home
  • Attorneys
  • Accidents & Injury
  • Immigration and Naturalization
  • Family Law
  • Trucking Accidents
  • Fatal Accidents
  • Georgia Injury Blog - Jarrett & Price
  • Practice Areas
  • Our Mission and Values
  • Testimonials - Jarrett & Price, LLC
  • Updates & News
  • Georgia Immigration Blog
  • Georgia Law Blog
  • Career Opportunities
  • Meet the Team

Child Custody laws in Georgia can be confusing for parents going through a divorce or for parents who are separating but were never married.  Many people have questions as to who decides these issues and how the decisions are made. 

Who decides custody issues? 
Issues of custody are decided by the judge, not a jury.  Many people believe that in a child custody dispute, the mother will always be awarded custody, but that is not the case.  Georgia law specifically states that there is no presumed right to custody in the mother or the father.[1] 

How does the judge arrive at a custody decision?
A court must make a decision concerning the custody of a child or children based on what is in the child’s best interest.  Many people ask, how does a court determine what is in a child’s best interest.  Georgia law provides a laundry-list of factors for the Court to consider in making its decision.  Included in this list are the following: 

•    The love, affection, bonding, and emotional ties existing between each parent and the child;

•    The 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;

•    The capacity and disposition of each parent to give the child love, affection, and guidance and to continue the education and rearing of the child;

•    Each parent's knowledge and familiarity of the child and the child's needs;

•    The capacity and disposition of each parent to provide the child with food, clothing, medical care, day-to-day needs, and other necessary basic care, with consideration made for the potential payment of child support by the other parent;

•    The home environment of each parent considering the promotion of nurturance and safety of the child rather than superficial or material factors;

•    The importance of continuity in the child's life and the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;

•    The stability of the family unit of each of the parents and the presence or absence of each parent's support systems within the community to benefit the child;

•    The mental and physical health of each parent;

•    Each parent's involvement, or lack thereof, in the child's educational, social, and extracurricular activities;

•    Each parent's employment schedule and the related flexibility or limitations, if any, of a parent to care for the child;

•    The home, school, and community record and history of the child, as well as any health or educational special needs of the child;

•    Each parent's past performance and relative abilities for future performance of parenting responsibilities;

•    The willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent, consistent with the best interest of the child;

•    Any recommendation by a court appointed custody evaluator or guardian ad litem;

•    Any evidence of family violence or sexual, mental, or physical child abuse or criminal history of either parent; and

•    Any evidence of substance abuse by either parent.

O.C.G.A. § 19-9-3(a)(3)(A)-(Q). 

Not every factor or consideration above applies to every case.  It is important that you have an experienced child custody attorney to help guide you through your child custody case. 

Call the Attorneys at Jarrett & Price and Speak With Us About Your Case Today.     
The Attorneys at Jarrett & Price take the time with our clients to consider these factors and have the knowledge and experience to develop the presentation of your case so the court can make an informed decision.  We recognize that hiring us to represent you in a child custody matter involves your most precious interests and we approach your case keeping that recognition centrally focused. 

[1] O.C.G.A § 19-9-3(a)(1)


    Call the Attorneys at Jarrett & Price and Speak With Us About Your Case Today.  

Submit
Copyright © 2015 Jarrett & Price, All rights reserved.
  • Patrick L. Jarrett
  • Ben Price
  • Attorney Kayley Stoner
  • Staff
  • DAMAGES: What is my Case Worth >
    • Lost Wages
  • Obtaining an Incident Report
  • Should I Contact My Own Insurance Company?
  • What is Uninsured Motorist Coverage
  • Accidents Involving DUI
  • Should I give a Recorded Statement
  • Auto Insurance: Finding Insurance Coverage You Didn't Know You Had
  • Auto Insurance: What Insurance covers the Accident
  • What is a "contingency fee?"
  • Immigrants Injured In Auto Accidents: What Are Your Rights?
  • Accident Resources Page
  • Adjustment of Status >
    • Conditional Resident Status
  • Immigrant Visas & Lawful Permanent Resident
  • Naturalization & Citizenship
  • Nonimmigrant Visas
  • Deportation Defense
  • Deferred Action for Childhood Arrivals (DREAM ACT)
  • Immigration Resources and Information
  • Jarrett & Price - Savannah Divorce and Family Law Attorneys >
    • Multi-State Divorce and Child Custody Cases
    • Jurisdictional Issues of a Military Divorce in GA
    • What is an Uncontested Divorce
    • Grounds for Divorce
  • Uncontested Divorce >
    • Richmond Hill and Bryan County Divorce and Family Law Attorneys
    • Savannah and Chatham County Divorce
  • Property Division
  • Child Custody & Legitimation >
    • Best Interest of the Child Standard
    • Grandparent Visitation and Custody Rights
  • Alimony & Child Support
  • Modifications
  • Does My Accident Involve A Commercial Vehicle?
  • Driver Requirements for Commercial Vehicles
  • How to Find Safety Records For a Trucking Company
  • Calculating the Value of a Life
  • Who is Entitled to Wrongful Death Damages
  • Fatal Accidents - SCRT Reports and Investigations
  • Criminal Defense >
    • Driving Under the Influence (DUI) in Georgia >
      • Know Your Rights
      • DUI Under 21 Years of Age
      • Administrative License Suspension Hearings
    • Possession of Marijuana Under 1 Ounce
    • Drug Crimes
    • Aggravated Assault
    • Shoplifting
  • Hospital & Health Care Liens
  • Legal Glossary