Child Support and Child Custody are two of the most heavily litigated and fought over areas of divorce law.  Proper representation involves a complicated process of analyzing bank statements, financial records and comprehensive analysis of the lifestyle and living arrangements of each parent.  Very often our office will find a spouse trying to “hide” assets or not disclose all of their financial information in an attempt to avoid paying the proper amount of child support.  This is the time a trained attorney can make an enormous difference in the outcome of your case.

The standard in Georgia for Child Custody is “what is the best interest of the child.”  This analysis is determined by looking at numerous factors which have been outlined by the statutes of Georgia.  Below, we have listed these factors for your convenience.  They are:

(A) The love, affection, bonding, and emotional ties existing between each parent and the child;

(B) The love, affection, bonding, and emotional ties existing between the child and his or her siblings, half siblings, and stepsiblings and the residence of such other children;

(C) The capacity and disposition of each parent to give the child love, affection, and guidance and to continue the education and rearing of the child;

(D) Each parent’s knowledge and familiarity of the child and the child’s needs;

(E) The capacity and disposition 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;

(F) The home environment of each parent considering the promotion of nurturance and safety of the child rather than superficial or material factors;

(G) The importance of continuity in the child’s life and the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;

(H) The stability of the family unit of each of the parents and the presence or absence of each parent’s support systems within the community to benefit the child;

(I) The mental and physical health of each parent;

(J) Each parent’s involvement, or lack thereof, in the child’s educational, social, and extracurricular activities;

(K) Each parent’s employment schedule and the related flexibility or limitations, if any, of a parent to care for the child;

(L) The home, school, and community record and history of the child, as well as any health or educational special needs of the child;

(M) Each parent’s past performance and relative abilities for future performance of parenting responsibilities;

(N) The willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent, consistent with the best interest of the child;

(O) Any recommendation by a court appointed custody evaluator or guardian ad litem;

(P) Any evidence of family violence or sexual, mental, or physical child abuse or criminal history of either parent; and

(Q) Any evidence of substance abuse by either parent.

These are listed under OCGA 19-9-3.

A skilled attorney knows how to apply your situation to the above criteria.  Let our Marietta law firm help you fight for your rights as a parent and help keep your family the stable, family unit that you and your kids have enjoyed throughout their life.  Call the Law Offices of Matthew C. Hines, LLC if you are ever threatened with losing the right to be with your children or if you feel you are not receiving all that your deserve in child support.