National Parents' Day: Putting Your Children's Best Interests First During Divorce

Most parents would do anything to protect their children. You may not feel that way when you and the child's other parent cannot agree on how you raise the child. Yet, it is always important to understand your responsibilities under the law.

National Parents' Day is July 26th, and it is the ideal time to talk about what your child's best interests are, from a legal perspective. At Attorney Sharon Jackson LLC, our Georgia child custody lawyer in Gwinnett County offers the resources you need to make critical decisions.

Defining the Best Interests of the Child

It is very common for decisions related to your child's well-being to be made with a focus on what is best for the child. This is governed under the Official Code of Georgia Annotated (O.C.G.A.) § 19-9-3 standard. A judge must make all decisions under the law from the vantage point of what is in the child's best interest, not what either parent wants or thinks is best.

Under Georgia law, a mother's and a father's rights are equal. Both have equal status, and no automatic presumption of who is the better parent or favored parent for custody or decision-making is assumed. Instead, the judge must consider the following in making these critical decisions:

• Emotional and familial ties. Decisions must be made with the goal of maintaining the child's current bond with the parents and siblings. Other familial ties already established, such as grandparents playing a routine role in the child's life, may be a factor.
• Safety and history of security. A judge considers factors such as the child's health and any potential risks to it, based on the child's current situation and recent history. Past behavior of both parents is also a factor taken into consideration.
• Stability of the environment. A judge considers the stability of the environment the child is in, with a typical objective of maintaining continuity, a safe home environment, and support systems.
• Parental capacity and involvement. The court will also consider each parent's ability to maintain a relationship with the child. For example, they will look at the parents' ability to provide for the child, guide the child through life's decisions, and participate actively in the child's life in a positive way.
• Co-parenting objectives. The judge also considers how willing each parent is to co-parent. Demonstrating that you want to foster a positive relationship with your child and support the child's relationship with their other parent is important.
• Child's input. In Georgia law, the judge may consider the child's opinion on where they want to live if they are 14 years of age or older, typically allowing the child to decide unless the parent is unfit. A child from 11 to 13 years old can make suggestions to the judge, but the judge will make the decision based on the child's best interests.

In every situation, a judge must consider what they believe is best for the child. When it comes to the best interests of the child, Georgia aims to include both parents in the child's life as much as possible.

Your Role in Those Decisions

No one knows your child better than you do. And in many situations, it is beneficial if both parents play a contributing role in the child's life. When possible, both parents should aim to work out a plan that prioritizes their child's needs and aligns with their lives. When you work with our family lawyer during your metro Atlanta divorce, we make it our goal to create a plan that supports both parents to the extent possible.

There are many situations where it simply is not possible. If one parent is unfit or situations arise where one parent will not agree to fair treatment, a judge will need to step in to make decisions. When possible, we want to allow you to remain more in control over what happens with your child.

What to Do Now if You're Considering Divorce

When it comes to co-parenting after divorce, there is no simple solution for most situations. Instead, you need the help of an attorney to work on building a plan that aligns with what is in the best interests of your child and, secondarily, meets your needs and goals. When you choose to work with our legal team, you can expect us to build a comprehensive parenting plan.

Contact our legal team now to start working on that plan. Let us better understand your child's needs and the opportunities to protect your child's future.

Schedule a Consultation with Our Georgia Family Law Attorney

At Attorney Sharon Jackson LLC, we represent you in even the most challenging of situations with confidence. Let our Georgia child custody lawyer help you navigate your case in proving to the court what is truly in the best interests of the child. Request a consultation by calling (678) 436-3636 now to discuss your case.

FAQs About Best Interests Of The Child

Does a judge have to listen to a child's opinion when making custody decisions?
The judge always makes the final decision. When a child is 14 or older, the judge will likely agree with the child's decision about where they live. For a child between the ages of 11 and 13, the judge will listen to the child's desires and then apply the same level of careful consideration to the child's best interests before making a decision. The judge may choose not to consider what the child communicates if they believe it is not in the child's best interests.

Can a child custody order be changed later?
Yes. Custody and visitation orders may be modified when there has been a substantial change in circumstances that affects the child's best interests. Common reasons include relocation, changes in a parent's living situation, concerns about safety, or significant changes in the child's needs.

What happens when the best interests of the child change?
Changes and modifications to child custody and visitation are not uncommon over time. Our legal team will work with you to pursue action to show that circumstances have changed and that what is not in the best interests of the child differs from the existing order.

What is Ethan's Law?
In Georgia, Ethan's Law is a requirement that prohibits Georgia family courts from ordering coercive or high-conflict reunification treatments between parents and children.

How can I show the court that I put my child's best interests first?
Courts generally look for parents who consistently support their child's emotional, educational, and physical well-being. Demonstrating respectful co-parenting, following court orders, maintaining a stable home, participating in your child's life, and encouraging a healthy relationship with the other parent can all strengthen your position in a custody case.