Modification of Child support and Custody
Child custody and how it’s decided
In Georgia, child custody decisions are made based on several factors that collectively ensure the best interest of the child. These factors include:
Safety: The court prioritizes the safety of the child, evaluating each parent’s living environment and any history of abuse, neglect, or substance abuse. The goal is to place the child in the safest possible environment.
Emotional Ties: The emotional bond between the child and each parent is carefully considered. A strong, healthy relationship with both parents is encouraged, but the court may favor the parent with whom the child has a deeper emotional connection.
Parental Capacity: This factor assesses each parent’s ability to provide for the child’s physical needs, including food, clothing, medical care, and education. The court also considers each parent’s ability to nurture the child’s emotional and psychological well-being.
Parental Involvement: The extent of each parent’s involvement in the child’s life is crucial. The court looks at who has historically been more involved in day-to-day activities, such as attending school events, helping with homework, and taking the child to doctor’s appointments.
Child’s Election: In Georgia, children aged 14 and older can express their preference regarding which parent they wish to live with. While the court generally respects this preference, it must still align with the child’s best interest. For younger children, their preference may also be considered but carries less weight.
Co-Parenting Ability: The willingness and ability of each parent to facilitate a relationship between the child and the other parent is essential. Courts favor parents who are cooperative and supportive of the child’s relationship with the other parent, as this promotes a healthier co-parenting dynamic.
These factors collectively guide the court in crafting a custody arrangement that best supports the child’s overall well-being. The court’s goal is to ensure a stable, loving environment that fosters the child’s development and happiness.
How is child support determined in Georgia?
In Georgia, child support is calculated based on the idea that both parents should continue to contribute to the financial needs of their child, just as they would if they were still together. To determine the appropriate amount of child support, Georgia uses a specific formula that considers the combined income of both parents.
The state provides an online child support worksheet that helps calculate the exact amount. This worksheet takes into account both parents’ incomes, the number of children, and other relevant factors such as health insurance and childcare costs. The goal is to allocate child support in a way that reflects each parent’s financial capacity while meeting the child’s needs.
Typically, child support continues until the child turns 18 or graduates from high school, whichever comes later. However, there are certain circumstances where support may extend beyond this, such as if the child has special needs or if both parents agree to a longer period of support.
