Jon and Kate's Divorce: Considerations of Splitting Custody of the Eight Children
One of the many issues Jon and Kate's pending divorce action presents is custody and visitation of the eight (8) children. Will Kate obtain custody of all eight (8) children, or will Jon obtain custody of some of the children and Kate obtain custody of the remaining children? Although the divorce action is pending in Pennsylvania, what does Georgia law provide on splitting custody of children in a divorce action?
Georgia law is well established that a custody determination in a divorce action is based on the best interests of the children. Mock vs. Mock, 258 Ga. 407, 369 S.E.2d 255 (1988). The trial judge must exercise sound legal discretion, examine which parent promotes the best interest of the child, and the trial judge’s decision will not be interfered with by the appellate court unless it appears that the trial judge abused his or her discretion. Lynn vs. Lynn, 202 Ga. 776, 44 S.E.2d 769 (1947). There is case law in Georgia supporting a trial judge’s awards of split custody. Anderson vs. Anderson, 278 Ga. 713, 606 S.E.2d 251 (2004), Morris vs. Morris, 238 Ga. 291, 232 S.E.2d 920 (1977).
In the Anderson case, the trial court ordered and the Georgia Supreme Court affirmed the judgment of the mother being awarded custody of the son, whom the mother brought into the marriage and her husband adopted, and the father being awarded custody of the daughter. Anderson at 713. In the Morris case, the trial court gave custody of one of the two children of the marriage to each of the parties. The Georgia Supreme Court affirmed the trial court by finding that the trial court did not abuse its discretion. Morris at 291.
As shown above, a trial court can split custody of minor children if it finds that same is in the best interests of the children.
Written by Stern & Edlin Lawyer, Gary Graham.
Click here to learn more about the Stern & Edlin Family Law firm.Labels: Custody
One of the many issues Jon and Kate's pending divorce action presents is custody and visitation of the eight (8) children. Will Kate obtain custody of all eight (8) children, or will Jon obtain custody of some of the children and Kate obtain custody of the remaining children? Although the divorce action is pending in Pennsylvania, what does Georgia law provide on splitting custody of children in a divorce action?
Georgia law is well established that a custody determination in a divorce action is based on the best interests of the children. Mock vs. Mock, 258 Ga. 407, 369 S.E.2d 255 (1988). The trial judge must exercise sound legal discretion, examine which parent promotes the best interest of the child, and the trial judge’s decision will not be interfered with by the appellate court unless it appears that the trial judge abused his or her discretion. Lynn vs. Lynn, 202 Ga. 776, 44 S.E.2d 769 (1947). There is case law in Georgia supporting a trial judge’s awards of split custody. Anderson vs. Anderson, 278 Ga. 713, 606 S.E.2d 251 (2004), Morris vs. Morris, 238 Ga. 291, 232 S.E.2d 920 (1977).
In the Anderson case, the trial court ordered and the Georgia Supreme Court affirmed the judgment of the mother being awarded custody of the son, whom the mother brought into the marriage and her husband adopted, and the father being awarded custody of the daughter. Anderson at 713. In the Morris case, the trial court gave custody of one of the two children of the marriage to each of the parties. The Georgia Supreme Court affirmed the trial court by finding that the trial court did not abuse its discretion. Morris at 291.
As shown above, a trial court can split custody of minor children if it finds that same is in the best interests of the children.
Written by Stern & Edlin Lawyer, Gary Graham.
Click here to learn more about the Stern & Edlin Family Law firm.
Georgia law is well established that a custody determination in a divorce action is based on the best interests of the children. Mock vs. Mock, 258 Ga. 407, 369 S.E.2d 255 (1988). The trial judge must exercise sound legal discretion, examine which parent promotes the best interest of the child, and the trial judge’s decision will not be interfered with by the appellate court unless it appears that the trial judge abused his or her discretion. Lynn vs. Lynn, 202 Ga. 776, 44 S.E.2d 769 (1947). There is case law in Georgia supporting a trial judge’s awards of split custody. Anderson vs. Anderson, 278 Ga. 713, 606 S.E.2d 251 (2004), Morris vs. Morris, 238 Ga. 291, 232 S.E.2d 920 (1977).
In the Anderson case, the trial court ordered and the Georgia Supreme Court affirmed the judgment of the mother being awarded custody of the son, whom the mother brought into the marriage and her husband adopted, and the father being awarded custody of the daughter. Anderson at 713. In the Morris case, the trial court gave custody of one of the two children of the marriage to each of the parties. The Georgia Supreme Court affirmed the trial court by finding that the trial court did not abuse its discretion. Morris at 291.
As shown above, a trial court can split custody of minor children if it finds that same is in the best interests of the children.
Written by Stern & Edlin Lawyer, Gary Graham.
Click here to learn more about the Stern & Edlin Family Law firm.
Labels: Custody