Determining the Best Interest of the Child in Cherokee County

The law in Georgia requires family court judges to make decisions impacting children based on their best interests. Although parents sometimes believe what is good for them will also benefit their children, judges must separate the parents’ interests from the children’s.

This issue often comes up in custody and child support disputes, so it is critical for parents to understand how judges make these decisions. Determining the best interest of the child in Cherokee County requires a careful balancing of multiple factors. Our skilled family law attorneys can emphasize how your custody goals support the children’s best interests.

How the Law Describes the Best Interest Standard

The Official Code of Georgia §19-9-3 governs child custody decisions. It states that neither parent has precedence in custody matters. Judges must make their decisions based on the children’s best interests.

The law equates the child’s best interest with promoting their health and happiness. It lists numerous factors the judge could consider, including:

• Emotional ties between each parent and each child;
• Familiarity of each parent with the child’s needs, preferences, and routine;
• Capacity of each parent to give the child love, affection, and nurturance;
• Ability of each parent to provide the child with the necessities of life;
• Stability and safety of each parent’s home;
• Proximity of each parent’s support system;
• Ability of each parent to encourage a loving relationship between the child and the other parent.

A family court judge has the discretion to consider other factors they believe are relevant in the specific case and give them whatever weight the judge believes appropriate.

A Cherokee County attorney with our firm will present your case with the children’s best interests in mind. They will show how your custody goals provide structure and stability and will allow your children to thrive physically, emotionally, and educationally.

Judges Sometimes Seek Input From Third Parties

Ideally, parents agree on a parenting plan and submit it to the family court for the judge’s approval. If the judge agrees the plan furthers the children’s best interests, they will issue it as an enforceable order. When parents disagree on custody issues, each submits their own plan, and the judge must decide whether either of them supports the children’s best interests.

When there is a custody dispute, either parent could request the judge appoint a guardian ad litem (GAL) or custody evaluator to make recommendations about the children’s best interests. GALs are neutral third parties who investigate both homes and make a recommendation. Custody evaluators are mental health professionals who conduct psychological evaluations of the parties and make custody recommendations.

Judges are not obligated to accept the recommendations of a GAL or custody evaluator. However, because the third parties had the opportunity to observe the family and evaluate the parent/child dynamics, their reports usually carry considerable weight. Our Cherokee County family law professionals are experienced in in working with neutral third parties in custody disputes and can provide sound advice about evaluating the children’s best interests.

Consult a Cherokee County Attorney About Child’s Best Interests Determinations

The concept of the best interests of the child might sound straightforward, but it is not. When determining the best interest of the child in Cherokee County, a family court judge must weigh many disparate factors.

Our child custody lawyers understand how judges make these decisions and what factors are likely to influence them. They use this knowledge to promote your child custody goals. If you are grappling with custody issues, reach out to a member of our intake team today to schedule a consultation.