Atlanta, GA family law attorney Judith Delus Montgomery talks about what exactly courts look at when deciding custody for a child.
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Custody, especially child custody specifically is determined by the best interest of the child. We’re not interested in where you want to live and where you want to go. We want to know that there is going to be some sort of continuity and stability for the children, because their lives are being ripped apart. And so they want to know that the parent that gets primary physical custody, that they are going to be able to continue that continuity and stability for that child.
So if it was a stay at home mom, then we want the kids to continue down that road of having mom at home and being there when the children are going off to school, and when they are coming home from school, and whatever their day to day activities may be. So the courts determine custody based on what is the best interest of the child? And it may not always be mom. It may be dad. It may be a grandparent, but the courts are always considering and looking at how do we ensure that the kids’ schedule remains as stable as ever. That’s really what they are looking at when they are determining custody for the child.