At its core, the “best interests of the child” standard ensures that every decision regarding custody, visitation, and parenting time prioritizes what’s truly best for the child—not the parents. This standard is central to family law in Georgia and serves as a guiding principle for judges when making decisions that affect children during a divorce or custody dispute.

But here’s the tricky part: there’s no one-size-fits-all definition of what’s “best.” Each family’s situation is unique, and the courts consider various factors to determine what will support the child’s physical, emotional, and developmental well-being.

At Hobson & Hobson, P.C., we recognize how difficult divorce can be – especially for couples that have children. Protecting your children and your parenting rights is of the utmost importance, and we can help you do just that. Our Atlanta child custody attorneys are here to help you through this difficult time. Call our office at 770-284-6153 or fill out our online contact form to get started on building a better future for you and your children.

What Do Judges Consider in Georgia?

In Georgia, judges look at a variety of factors when evaluating the best interests of a child. These include:

The Child’s Age and Needs

Every child is different, and what works for one may not work for another—especially when you consider their age. Think about it: a toddler’s world revolves around routine, naps, and lots of hands-on care. Meanwhile, a teenager is navigating school, friendships, and the emotional rollercoaster of adolescence. Georgia divorce courts understand these differences. They carefully assess where your child is developmentally and what specific support—whether it’s related to health, education, or emotional needs—will help them thrive.

Each Parent’s Role

Who shows up? That’s one of the most important questions in custody cases. Judges want to know how involved each parent has been in their child’s daily life. Are you the one driving to soccer practice? Scheduling doctor’s appointments? Helping with that tricky math homework? Every moment, no matter how small, shows the courts how much you’re contributing to your child’s life.

The Parent-Child Relationship

Let’s face it—parenting is about connection. Courts take a close look at the bond your child has with you and your co-parent. Do they feel safe and loved with you? Are they comfortable opening up and seeking support when they’re upset? A strong, positive relationship isn’t just important—it can be a deciding factor in custody decisions.

Parental Fitness

This part can feel personal, and it’s tough for a reason. Judges evaluate whether each parent is in a position to provide a safe, stable, and loving home. If there are issues like substance abuse, untreated mental health concerns, or even a history of neglect or violence, these will be major red flags. The court’s priority is always to ensure the child is in the best possible environment, and that means every aspect of a parent’s fitness is under the microscope.

The Child’s Preference

Older children often want a say in where they live—and in Georgia, they can have one. If your child is 14 or older, they can tell the court which parent they’d prefer to live with. Judges take these preferences seriously, though they don’t always follow them to the letter. If the judge believes the choice isn’t in the child’s best interest (for example, if they’re being influenced by one parent), they may decide differently.

Living Arrangements

Stability matters—a lot. Divorce is already a major upheaval in a child’s life, so the courts aim to minimize further disruption. One big factor? Where each parent lives. Judges will consider whether your home offers a safe, stable environment where your child can feel comfortable. Is it close to their school? Their friends? Their activities? These aren’t just logistical details; they’re the building blocks of your child’s daily routine and sense of security. A strong home base can make all the difference in helping your child adjust to life post-divorce.

Co-Parenting Willingness

Courts favor parents who show they can work together for their child’s benefit. If one parent actively undermines the other or tries to alienate the child, it’s a serious red flag. Showing the court that you’re committed to effective co-parenting can strengthen your case and, most importantly, help create a more peaceful environment for your child.

We Understand Why the Stakes Are So High

Custody decisions shape your child’s future—and yours. They influence where your child lives, how they grow up, and how much time you get to spend with them. The “best interests of the child” standard ensures that every decision made in court focuses on creating a stable, loving, and supportive environment for your child to thrive.

However, these decisions are rarely straightforward. Emotions run high, and disputes over parenting time or decision-making authority can quickly escalate. This is why having a skilled child custody lawyer in Georgia is not just important—it’s essential.

Common Misconceptions About the “Best Interests” Standard

Let’s clear up a few myths about how custody decisions are made in Georgia:

• Myth #1: Mothers Always Get Custody
  While mothers were often favored in the past, Georgia law is now gender-neutral. Both parents are evaluated equally, and the focus remains on the child’s best interests.
• Myth #2: The Child Gets to Choose
  While children aged 14 or older can express a preference, the final decision rests with the judge. The court will consider the child’s preference alongside other factors.
• Myth #3: Judges Always Favor Joint Custody
  While joint custody is common, it’s not guaranteed. The court will decide custody arrangements based on the child’s unique needs and circumstances.

Contact Our Georgia Child Custody Attorneys

Custody decisions are never easy, but you don’t have to face them alone. With the right Georgia child custody lawyer by your side, you can approach this process with confidence, knowing you have someone advocating for both your parental rights and your child’s future.

At Hobson & Hobson, P.C., we understand how overwhelming this journey can feel. That’s why we’re here to guide you every step of the way, offering compassionate support and expert legal representation. Your child’s well-being is our priority, and we’ll work tirelessly to ensure the best possible outcome for your family. Give Hobson & Hobson, P.C. a call at 770-284-6153 or fill out our online contact form.

If you’re ready to take the first step, contact us today. Let us help you protect what matters most—your child.