Posted by DivorceLine in Georgia Child Custody Laws
Custody may be awarded to either parent based on the best interest of the child or children and what will best promote their welfare and happiness. If the child has reached the age of 14 years, the child shall have the right to select the parent with whom he or she desires to live. The child’s selection shall be controlling, unless the parent so selected is deemed unfit to have the custody of the child. In all cases in which the child has reached the age of at least 11 but not 14 years, the court shall consider the desires, if any, and educational needs of the child in determining which parent shall have custody.
The court at any temporary or permanent hearing may grant sole custody, joint custody, joint legal custody, or joint physical custody where appropriate.
[Based on Georgia Code - Sections: 19-9-1 and 19-9-3]
Georgia Child Support:
Georgia uses an income-shares model to determine the amount of child support. The court will consider the existence of special circumstances and may adjust child support based on:
a) Ages of the children.
b) A child’s extraordinary medical costs or needs in addition to accident and sickness insurance, provided that all such costs or needs shall be considered if no insurance is available.
c) Educational costs.
d) Day-care costs.
e) Shared physical custody arrangements, including extended visitation.
f) A party’s other support obligations to another household.
g) Income that should be imputed to a party because of suppression of income.
h) In-kind income for the self-employed, such as reimbursed meals or a company car.
i) Other support a party is providing or will be providing, such as payment of a mortgage.
j) A party’s own extraordinary needs, such as medical expenses.
k) Extreme economic circumstances including but not limited to, unusually high debt structure or unusually high income of either party or both parties, which shall be construed as individual gross income of over $75,000.00 per annum.
l) Historical spending in the family for children which varies significantly from the percentage table.
m) Considerations of the economic cost-of-living factors of the community of each party.
n) In-kind contribution of either parent.
o) The income of the custodial parent.
p) The cost of accident and sickness insurance coverage for dependent children included in the order.
q) Extraordinary travel expenses to exercise visitation or shared physical custody.
r) Any other factor which the trier of fact deems to be required by the ends of justice, as described below:
Child support continues until the child becomes 18 years of age, dies, marries, or otherwise becomes emancipated, except that if the child becomes 18 years of age while enrolled in and attending secondary school on a full-time basis, then such support shall continue until the child completes secondary school, provided that such support shall not be required after the child attains 20 years of age. A non-custodial parent may be ordered to provide insurance for the child or children for so long as he or she is obligated by this order to provide support. Where applicable, the court shall also include income deduction orders.
[Based on Georgia Code - Section: 19-5-12]
