GA Bar Family Law 3 — Questions and Answers
Question 1: What is the primary legal standard Georgia courts apply when making child custody determinations?
- The relative fitness of each parent
- The best interests of the child (Correct answer)
- Equal parenting time for both parents
- The preference of the established primary caregiver
Correct answer: The best interests of the child
Georgia courts apply the best interests of the child standard in all custody determinations, weighing numerous statutory factors.
Question 2: Under O.C.G.A. § 19-9-3, at what age does a Georgia child's custody preference receive significant, potentially controlling weight?
- 10 years old
- 12 years old
- 14 years old (Correct answer)
- 16 years old
Correct answer: 14 years old
A child who is 14 or older may elect the parent with whom they wish to live, and the court must honor that choice absent a finding that it is not in the child's best interest.
Question 3: Georgia's child support guidelines use which model to calculate the presumptive support obligation?
- Percentage of the obligor's gross income only
- Income shares model combining both parents' incomes (Correct answer)
- Delaware Melson Formula adjusting for parental self-support reserve
- Equal contribution from each parent regardless of income disparity
Correct answer: Income shares model combining both parents' incomes
Georgia uses the income shares model, which combines both parents' gross incomes to determine a presumptive child support amount.
Question 4: To obtain a modification of a child custody order in Georgia, the moving party must generally demonstrate:
- Any change in the child's or parent's situation since the last order
- A material change in circumstances substantially affecting the child's welfare (Correct answer)
- That the other party has violated the existing parenting plan at least once
- The child's preference alone, if the child is 11 or older
Correct answer: A material change in circumstances substantially affecting the child's welfare
Georgia requires proof of a material change in circumstances affecting the child's welfare before a court will modify a prior custody order.
Question 5: In a Georgia custody proceeding, 'legal custody' most accurately refers to:
- Which parent has the child overnight for the majority of nights
- The right and responsibility to make major decisions about the child's upbringing (Correct answer)
- The financial obligation to provide monetary support for the child
- A geographic restriction limiting where the child may be taken
Correct answer: The right and responsibility to make major decisions about the child's upbringing
Legal custody refers to decision-making authority over major issues such as education, healthcare, and religious upbringing.
Question 6: Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) as adopted in Georgia, which state has jurisdiction to make an initial child custody determination?
- The state where the child was born
- The child's home state — where the child lived for at least 6 consecutive months before the proceeding (Correct answer)
- Any state where either parent currently resides
- The state where the divorce or separation action was filed
Correct answer: The child's home state — where the child lived for at least 6 consecutive months before the proceeding
Under the UCCJEA, the child's home state — where the child lived for at least six consecutive months — has jurisdiction to make the initial custody determination.
Question 7: Under Georgia law, when a custodial parent wishes to permanently relocate out of state with the child, the parent generally must:
- Simply notify the non-custodial parent in writing at least 30 days before the move
- Obtain the non-custodial parent's written consent or a court order authorizing relocation (Correct answer)
- Wait until the child is at least 12 years old before relocating
- File a motion only if the non-custodial parent objects within 60 days of notice
Correct answer: Obtain the non-custodial parent's written consent or a court order authorizing relocation
A custodial parent must obtain either the other parent's written consent or court approval before relocating the child out of Georgia.
GA Bar Family Law 3
What is the primary legal standard Georgia courts apply when making child custody determinations?