Georgia’s New Custody Laws
As of January 1, 2008 all Georgia Family Law cases involving custody disputes are subject to a series of new laws. Were these new laws earthshaking? Time will tell. As with any new legislation, a certain amount of perspective is required to see how their implementation works out.
Here are some of the highlights:
1. Custodial Election by a child. Prior to the new law going into effect, a child who was fourteen (14) years or older could make an election as to which parent he/she wanted to live with. Generally speaking, this election was only defeatable if you could show that the parent that was chosen was, in some way, unfit. Now, under the new law, the child’s election creates a presumption in favor of his/her choice, but the election is subject to a “best interest of the child” evaluation by the Court.
2. Attorneys fee awards now allowed. This should lessen the ability for one parent with access to greater financial resources to utilize a custody battle as a means of financial extortion over the other parent.
3. Parenting plans. Georgia now requires the creation of a detailed parenting plan so as to eliminate much of the uncertainty and allow for predictability in implementation of parenting time for both parents and their child. Both parties need to file their own plans, with the idea that either through mediation or review by the Court that a reasonable, final plan will emerge. By removing the focus on custody and visitation and by getting parents to focus on the details of how they plan to act as a parent, the legislature is acting to encourage their involvement in the lives of their children.
There are some other changes that I will touch upon in coming postings so stay tuned, or call my office to discuss your specific questions and concerns. I don’t charge for phone consultations and would be happy to speak with you.
