Divorce Matters: 8 Factors Georgia Judges Consider In Deciding Child Custody


Divorce is an emotional and stressful time and it is probably one of the most significant events that can happen in your life. This significant event can take a major toll, especially if you have children. As you go through the divorce process, a judge will ultimately decide your fate and make these life changing decisions, if you are not able to come to an agreement.

Keep in mind a judge will be seen as the decision maker to some or all the issues in your divorce case and in no way, shape, or form can a judge afford to be emotional or be emotionally invested in your case. If your divorce case involves children, the judge will consider what is in the best interests of the children. Factors the judge may consider in deciding child custody include the following:

8 Key Considerations in Child Custody Decisions

  • Who has the been the child’s primary caregiver
  • Quality of each parent’s home and living accommodations
  • How “fit” the judge thinks each parent is including their home, lifestyle, judgment, job, and if they have good mental and physical health
  • Each parent’s ability to place their children’s needs before their own and provide emotional and intellectual support for the child
  • Which parent the child currently lives with and time
  • Which parent allows the other parent into the child’s life
  • If the child is over the age of 14, which parent he or she wants to live with
  • Whether your child will be separated from any siblings

In some cases, a judge may consider if there has been an act of domestic violence, abuse and neglect brought by either parent against the other.

Speak With Our Caring Metro Atlanta Family Law Attorneys Today

Fighting for child custody on top of your divorce can be exhausting. Our firm’s founder Mary Stearns-Montgomery has extensive experience representing the best interests of children in Georgia divorce and family law matter. Mary, along with our family law attorneys, act as advocates for families throughout the Atlanta and Marietta area and will help understand your options. If you have questions and need help regarding your impending divorce and how it will affect your children’s lives, complete our contact form and schedule an initial consultation today.