Child Custody: Which Factors Determine it?

Several different factors come into play when determining child custody. There is no presumption that children are generally better off living with their mothers and visiting with their fathers. There are two basic forms of custody: legal custody and physical custody. Legal custody refers to the rights of the parents to decision-making concerning the children. Typically, there are four main areas of decision-making: education, extracurricular activities, healthcare, and religion. Physical custody refers to where the children spend their time. Living equally with both parents or living primarily with one parent and having parenting time with the other parent.

In a divorce, child custody must either be settled between the parents or determined by a judge. The judge makes a legal and physical custody decision based upon different factors concerning the best interests of the child. This includes what will best promote the child’s welfare and happiness.

In determining the best interests of the child, the judge may consider any relevant factors including, but not limited to:

Quality of parent child relationship

The connection the child has with their siblings (half, full, step, etc.) and where these siblings live.

Parent’s knowledge of the child and the child’s needs;

The ability of the parent to give the child love, affection, and guidance, as well  to continue the education and rearing of the child;

Home environment of each parent considering the promotion of nurturance and safety of the child rather than superficial or material factors;

Importance of consistency in child’s life, and how long they’ve lived in a stable, safe, environment, along with the importance of this;

Parent’s ability of each parent to provide the child with food, clothing, medical care, day-to-day needs, and other necessary basic care. With consideration made for the potential payment of child support by the other parent;

Stability of the family unit of each of the parents and the presence or lack of each parent’s support systems within the community to benefit the child;

Mental and physical health of each parent;

Each parent’s employment schedule and the flexibility of the parents;

Home, school, and community record and history of the child, as well as any health or educational special needs of the child;

Each parent’s past and future abilities to perform parental duties.

Read the Georgia statute on custody factors: O.C.G.A. § 19-9-3

Read more about the topic of child custody here.