Family law courts in Atlanta will try to determine what is best for the child during a custody dispute. Often, this is shared custody. However, sometimes, it is in the child’s best interest to award sole custody to one parent over another.
When deciding custody, the courts and judges might want to interview your child. Parents and children may feel nervous and scared when a judge requests an interview. What will the children say? Will the judge listen to them? Will my children feel guilty about choosing one parent over another?
In a disputed child custody case in Atlanta, a judge can choose to interview the child or children involved. Georgia Superior Court Rule 24.5B states that minors can be available for consultation with the court when custody is in dispute. During this consultation, attorneys for both parents may be in attendance but may not interrogate the child.
A judge may also wish to hold this meeting in private if the child is older than 11. If the judge speaks to a child privately, the evidence obtained in that meeting must get shared with both parents. Most of these meetings get recorded by either cameras or a court reporter.
Why Would a Judge Want to Speak to My Child?
When custody in Georgia is in dispute, a judge may wish to speak to a child to gain their perspective. This can help the judge make a more informed decision regarding custody.
The judge may ask the child questions about their relationship with each parent. They may ask who takes them to school, provides care, and whether the children have any fears or concerns about one parent. The judge will also ensure that the children have not faced threats or pressure from either parent regarding custody.
Starting at 11, a child can begin determining what parent they wish to live with. The judge will typically order an interview and strongly consider the child’s wishes in a custody dispute.
At 14, a child’s custody election becomes presumptive. A judge will often allow a child to choose which parent to live with, as long as this choice does not jeopardize their best interests. A child can only change their custody election once every two years. This prevents children from going back and forth simply because they don’t like their parent’s rules.
Understanding Custody in Georgia
According to the Georgia Code, there are two types of child custody: legal and physical.
Legal custody refers to the right of a parent to make decisions about their child’s education, health, and welfare.
On the other hand, physical custody refers to which parent the child will live with. In most cases, parents share legal and physical custody of their children.
If you are a parent going through a divorce or otherwise seeking child custody in Georgia, it is important to understand the state’s laws.
When determining child custody in Georgia, courts will consider many factors, including:
- The relationship between each parent and the child
- The child’s preference (if the child is old enough to express a preference)
- The ability of each parent to provide for the child’s physical, emotional, and developmental needs
- Each parent’s work schedule
- The stability of each home environment
- Any history of abuse or neglect by either parent
It is important to note that courts generally favor joint custody arrangements whenever possible. This is because Georgia courts believe that children do best when they have frequent and continuing contact with both parents.
However, there are some situations where the courts may award sole custody of the children to one parent. This might occur when there is a history of abuse or neglect or if one parent is deemed unfit to care for the children.
If you are going through a divorce or seeking child custody in Atlanta, it is important to have an experienced Atlanta child custody attorney on your side who can help you navigate the legal process and protect your rights.
Contact Our Atlanta Child Custody Attorneys
At Hobson & Hobson, P.C., our Atlanta divorce and child custody attorneys can help you protect your relationship with your children throughout a divorce or other family law matters. Our attorneys can meet with you to discuss these issues and guide you through the difficult legal process.
Call us today at (770) 284-6153 or fill out our confidential contact form. We can set up a consultation so that you can review all your legal options.
Attorney Sarah Hobson at Hobson and Hobson, P.C. are powerful advocates for those who fight for better futures for those going through divorce and custody law matters.
