Child Custody and Support in Georgia

In divorces involving children, child custody and support are issues that are most important and require sorting out so that children involved are not affected negatively by divorce of their parents. All divorce laws including child custody and support are under the state. There are certain guidelines that are followed by family court while ruling over child custody and support decisions.

Child custody is awarded according to best interest of child. The welfare and benefit of the child is the primary concern in these custody cases. Children above 14 years of age can select the parent he wants to stay with. Unless the court feels that the selected parent is not fit for the role of good parenting, the child’s wish is upheld. Children up to 13 years can voice their wishes as to the parent they would prefer to love with but the decision is made by the judge in keeping in mind other factors like education. The family court of Georgia can award sole custody, joint custody, joint physical custody or joint legal custody on its discretion.

Sole custody gives one parent both legal and physical custody of child. The other parent is denied visitation rights. The child would live with custodial parent and she would have all rights to take decisions with regard to child involved. Joint custody gives both parents right to be in contact with child and all decisions about the child have to be taken in mutual agreement after discussion. Joint physical custody allows both parents to live with the child on a rotating basis. The child would have two residences and has to spend a minimum of 30 % of time with one of them. In joint legal custody, all decision pertaining to child like education, religion etc has to be taken together by both parents.

In Georgia, child support is calculated on a income share model and so not only non custodial parent but custodial parent also has to provide funds towards child support. Child support is decided by the family court based on many factors like:

• Ages of children involved in divorce.
• Education expenses.
• Money required for day care facilities.
• Presence of children with special medical needs.
• Health insurance covering accident and sickness.
• Physical custody arrangements, visitation routines.
• Financial obligation of spouse towards another household.
• Income in form of special provisions in kind.
• Mortgage payments and other such obligations.
• Medical needs of both spouses.
• Monthly income earned by both parents.
• Cost of living and its appreciation.
• Travel expenses while exercising visitation rights.

Child support payments are continued until child attains 18 years of age, dies or marries. If child is in secondary school even after 18 years, support shall be continued until he finishes school or until he attains 20 years of age.