GA Bar Family Law 3

Question 1

What is the primary legal standard Georgia courts apply when making child custody determinations?

Accepted Answer

The best interests of the child

Answer

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?

Accepted Answer

14 years old

Answer

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?

Accepted Answer

Income shares model combining both parents' incomes

Answer

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:

Accepted Answer

A material change in circumstances substantially affecting the child's welfare

Answer

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:

Accepted Answer

The right and responsibility to make major decisions about the child's upbringing

Answer

Legal custody refers to decision-making authority over major issues such as education, healthcare, and religious upbringing.

(GA Bar) Georgia Bar Exam Practice Test

(GA Bar) Georgia Bar Exam Practice Test

GA Bar Family Law 3