Ideally, Georgia parents navigating child custody should reach a consensus before going to court to minimize the effect fighting over child custody could have on the kids, but it is not always possible.
If you cannot avoid taking your child custody battle to court, you may be interested in knowing the probability of a favorable outcome. There is no way to tell the outcomes accurately, but studies have shown that some factors in a case can give clues on the direction the case is most likely to take.
Understanding Child Custody
Child custody refers to the legal rights granted to a parent or guardian concerning a child’s care and upbringing. There are two main aspects to child custody: the legal aspect and the physical aspect.
Legal custody grants parents the right to make major life decisions on behalf of the child, such as schooling, religion, healthcare, etc. On the one hand, physical custody gives the parent the right to live with the child. Courts can grant parents sole or joint custody.
Sole custody is where one is granted the primary responsibility of raising the child, with the other parent having limited rights. In joint custody, both parents have relatively equal responsibilities in a child’s upbringing. In contested custody battles, one parent usually seeks sole custody as it influences who pays child support and the amount paid.
A Child’s Best Interests
Georgia family courts focus on the child’s best interests when issuing custody orders. So, when weighing your chances of getting a favorable outcome in your custody battle, you must consider whether your circumstances will make a convincing case.
Best Interest Considerations
One key consideration for the courts in determining the child’s best interests is the child’s safety and well-being. Factors like a history of criminal behavior, abuse, drug use, and addiction can portray your residence or company as unsafe, which will ultimately have a huge impact on the case outcome.
“A child’s relationship with both parents is also a major factor in determining who gets custody,” says attorney Shawna Woods of Atlanta Divorce Group. In most cases, a child’s relationship with each parent is determined through a child custody evaluation involving various aspects, including testimonies from witnesses. If you are used to attending events at school or picking them up from school or their drop-off points, that can count as having a good relationship. If a child is of age, their opinion can count too.
The court will also be looking at the child’s stability and routine. So, factors such as friends, school, and community will become relevant. If living with one party significantly disrupts a child’s schooling and community life, the court is more likely to give custody orders that favor the parent who guarantees the most stability. Other factors include your health and that of the other parent, mental and emotional stability, availability, etc.
Why Is Predicting Important?
Any legal tussle can be emotionally and financially draining. So, when getting into one, you want to ensure you have a shot at a fair outcome. Predicting a case’s outcome becomes critical because it advises how to approach it.
A Georgia family lawyer is best placed to make the most accurate predictions. A lawyer will carefully consider your circumstances and compare them to the other parent’s circumstances to make an almost accurate judgment of what to expect.
With that knowledge, they will know when to cede or stand their ground to ensure the most favorable outcome.
