Custody Laws in Georgia

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    Home Environment

    • Georgia courts will consider the environment of each parent's home when seeking to award custody. It must be proven that the child will be in a safe and nurturing home. However, an ideal home is not necessarily one with an abundance of material possessions. If a parent is able to give the child the necessary amount of love and affection and can provide consistent support for the child (which is crucial after divorce), this parent is likely to be awarded custody.

    Physical and Mental Health

    • The parent in the best mental and physical health is the best candidate for child custody. Georgia courts look to see that the parent does not have a chronic mental illness (such as multiple personality disorder or chronic depression) that would interfere with his or her ability to properly raise the child. These conditions severely alter people's moods and may even make them violent toward others, which does not make for a safe home environment. In addition, parents with a serious physical illness that requires long hospital stays or expensive medical treatment may not have the financial means to care for a child full-time.

    Maintaining Parental Relationships

    • Each parent must be willing to encourage and foster a relationship between the child and the other parent. This may include providing transportation for the child to see the non-custodial parent, when necessary, and speaking positively about the other parent, even when he or she is not around. Contact with both parents must be in the best interest of the child. If one parent has been abusive in the past or is otherwise unsafe for the child to be around, this matter can be brought to the Georgia courts, where alternative visitation arrangements can be made.

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