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Determining Child Custody | Atlanta Family Law

Scott Shaw | 633 Views | 10/19/2015

Determining Child Custody in Atlanta

In some respects, child custody cases should be the easiest of all cases. After all, we all know that the legal standard is the best interest of the children, right? But if that is as far as your attorney goes in evaluating your case, then you’re going to have some real issues. Just stop to consider, for example, what does the best interest of the children actually mean?

Best Interest of the Children

The phrase is actually defined under Georgia law into 17 specific elements that, in total, equate to the best interests of the children. In general, the factors are – or at least three or four – are: love and affection between each parent and the child, the capacity and disposition of each parent to give the child love, and affection, and guidance, and educate the child, each parent’s knowledge and familiarity of the child and the child’s needs. I want to stop with just these three elements, as these are the elements that most people – if you asked them on the street – would probably refer to as what the best interests of the child are.  But there are some real problems if that is all you build your case on.

Love and Affection

First is what if the other party can prove that they are functionally equal, or at least not too far behind the other parent in regard to these elements. One does not need to be the primary caretaker or a stay at home parent. Those who have strong bonds, love, affection, and knowledge of their child’s needs. Good stay at home parents do not have a monopoly on these elements. Sometimes, all you have to show is that the other parent – even if not the stay at home parent or primary caretaker – is nearly as good as a stay at home parent is, and you can practically make a draw out of these elements.

This also ignores the other 14 elements under the statute that together comprise the best interest of a child. As an example, here are a few common ones: Sometimes they’re half-siblings, and one element is the love and affection between siblings. Or how about the capacity of each parent to provide a better home environment, including the financial ability to do so – i.e., modern courts understand that the stay at home parent will need to get a job. They will demand they get a job, and what will the child’s environment be with the stay at home parent once he or she gets a job?

Stability

Which parent has stability, owns the home, has a long-term job, can keep the child in their present schools with their present friends?

Mental Health

Here’s a big one: the ability of each parent to co-parent with each other.  Each parent’s character and ability to act as a role-model to provide guidance for the child?  In the end, what the court considers when awarding child custody is the best interest of the child. The best interest of the child is not simply what the judge thinks it is, just because. No. The best interest of the child is defined by Georgia statute as 17 different elements.   If you want to win a child custody case, you need to focus on these elements and apply the facts of your case to these elements.

By: Scott Shaw

Determining Child Custody | Atlanta Family Law

Determining Child Custody in Atlanta

In some respects, child custody cases should be the easiest of all cases. After all, we all know that the legal standard is the best interest of the children, right? But if that is as far as your attorney goes in evaluating your case, then you’re going to have some real issues. Just stop to consider, for example, what does the best interest of the children actually mean?

Best Interest of the Children

The phrase is actually defined under Georgia law into 17 specific elements that, in total, equate to the best interests of the children. In general, the factors are – or at least three or four – are: love and affection between each parent and the child, the capacity and disposition of each parent to give the child love, and affection, and guidance, and educate the child, each parent’s knowledge and familiarity of the child and the child’s needs. I want to stop with just these three elements, as these are the elements that most people – if you asked them on the street – would probably refer to as what the best interests of the child are.  But there are some real problems if that is all you build your case on.

Love and Affection

First is what if the other party can prove that they are functionally equal, or at least not too far behind the other parent in regard to these elements. One does not need to be the primary caretaker or a stay at home parent. Those who have strong bonds, love, affection, and knowledge of their child’s needs. Good stay at home parents do not have a monopoly on these elements. Sometimes, all you have to show is that the other parent – even if not the stay at home parent or primary caretaker – is nearly as good as a stay at home parent is, and you can practically make a draw out of these elements.

This also ignores the other 14 elements under the statute that together comprise the best interest of a child. As an example, here are a few common ones: Sometimes they’re half-siblings, and one element is the love and affection between siblings. Or how about the capacity of each parent to provide a better home environment, including the financial ability to do so – i.e., modern courts understand that the stay at home parent will need to get a job. They will demand they get a job, and what will the child’s environment be with the stay at home parent once he or she gets a job?

Stability

Which parent has stability, owns the home, has a long-term job, can keep the child in their present schools with their present friends?

Mental Health

Here’s a big one: the ability of each parent to co-parent with each other.  Each parent’s character and ability to act as a role-model to provide guidance for the child?  In the end, what the court considers when awarding child custody is the best interest of the child. The best interest of the child is not simply what the judge thinks it is, just because. No. The best interest of the child is defined by Georgia statute as 17 different elements.   If you want to win a child custody case, you need to focus on these elements and apply the facts of your case to these elements.

By: Scott Shaw