Divorce Georgia Custody

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Determination of the best interests of the child in Divorce Georgia Custody

Some of the factors that the court contemplates upon while determining the best interests of the child are as follows.

  • Whether the parents have any religious views that impact the emotional and physical well being of the child?
  • In the past, has it occurred that one parent has walked out of the residence leaving the other parent to manage the child? When the couple last broke up, which parent left the house?
  • Which parent resides nearest to the social circle and school of the child?
  • Do the parents reside close to the extended family of the child? If so, how close?
  • Do the parents live close to each other? If so, how much close?
  • Does the father or mother have more financial resources to offer more things to the child?
  • The court is empowered to interview the child in the presence of the parents. If the age of the child is 10 to 12 years, then the court would obviously hear his/her opinions and offer due importance to these in the legal proceedings. The capacity of the child to distinguish truth from fiction as well as his/her maturity are the guidelines that determine whether the child would be heard
  • Which parent is capable of retaining the intactness of the child's family?
  • If there is any adverse action from one parent, which parent does not punish the child?
  • Is there any proof of child abuse by one parent or any child who lives in the household?
  • The physical and psychological abilities of the parents requesting for custody are evaluated
  • If the child gets hurt, whom does this child approach?
  • Which parent performs the following activities?
    • Feeding the child
    • Shopping for clothes
    • Getting the child ready for school
    • Bathing the child
    • Arranging day care for the child
The issue of Jurisdiction in Divorce Georgia Custody

The courts in Georgia demand one of the following to have jurisdiction over a particular custody case.

  • Some other state should say that Georgia has jurisdiction
  • The child is physically present in this state and was abandoned. Alternatively, as the child was subjected to or threatened with neglect or abuse, emergency protection is essential
  • At least one of the parents and the child has considerable connection with Georgia i.e. they stay, work and attend school here. In this state, there are several witnesses and records that offer proof of the personal and training relationships, protection of the present and future care of the child
  • For the previous 6 months, the child's home state was Georgia. The parent, who has filed custody, has continued to reside in this state. Presently, the child is not in this state as another person took the child out of this state after making a claim for custody
  • The parent requesting custody has considerable contact with this state i.e. stays, votes, works and pays taxes in this state. It can be said that this is the home state of the child (as he/she stays here and attends school here)
  • On the basis of the previous 4 points, no other state has jurisdiction
  • Let us assume that the child was removed from this state. Further, the UCCJA (Uniform Child Custody Jurisdiction Act) is not applicable. Moreover, no other state has jurisdiction of this child custody case. In such a scenario, Georgia has the jurisdiction if the following exist
    • The court has personal jurisdiction over the parent who has removed the child
    • One parent is a resident of Georgia and when the child was removed was a resident of this state
    • The married couple resided, voted and paid taxes in this state, however currently they are divorced or separated. Alternatively, Georgia was the state where the marriage contract was actually performed

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