So if my niece is 13 and able to state that she wants a relationship with her paternal side of the family would that be listed under "best interest of the child"? Or even a strong bond between us (even though I know that may be hard to prove) Could you give me a round about figure on statistics of winning a case such as this if my parents and myself choose to precede?
Hello again and thank you for choosing me to assist you with your next question!The best interest standard is found in O.C.G.A. 19-9-3 and provides a list of specific factors in subsection (a)(3):In determining the best interests of the child, the judge may consider any relevant factor including, but not limited to(A) The love, affection, bonding, and emotional ties existing between each parent and the child;(B) The love, affection, bonding, and emotional ties existing between the child and his or her siblings, half siblings, and stepsiblings and the residence of such other children;(C) The capacity and disposition of each parent to give the child love, affection, and guidance and to continue the education and rearing of the child;(D) Each parent´s knowledge and familiarity of the child and the child´s needs;(E) The capacity and disposition of each parent to provide the child with food, clothing, medical care, day-to-day needs, and other necessary basic care, with consideration made for the potential payment of child support by the other parent;(F) The home environment of each parent considering the promotion of nurturance and safety of the child rather than superficial or material factors;(G) The importance of continuity in the child´s life and the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;(H) The stability of the family unit of each of the parents and the presence or absence of each parent´s support systems within the community to benefit the child;(I) The mental and physical health of each parent;(J) Each parent´s involvement, or lack thereof, in the child´s education, social, and extracurricular activities;(K) Each parent´s employment schedule and the related flexibility or limitations, if any, of a parent to care for the child;(L) The home, school, and community record and history of the child, as well as any health or educational special needs of the child;(M) Each parent´s past performance and relative abilities for future performance of parenting responsibilities;(N) The willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent, consistent with the best interest of the child;(O) Any recommendation by a court appointed custody evaluator or guardian ad litem;(P) Any evidence of family violence or sexual, mental, or physical child abuse or criminal history of either parent; and(Q) Any evidence of substance abuse by either parent.All of these factors and anything else you can think of (as long as it's relevant) can be considered when the Judge determines the best interest of the child. Generally speaking, a Judge will not let a child determine what is in the best interest of that child but if the child wants to see his/her family then that will be one of the many factors the Judge will consider.I hope this has helped and I wish you all the best. Please let me know if you need me to further clarify my answer and I will do my best to so clarify.Thank you,RobertWhile of course not required, positive feedback and/or a bonus are greatly appreciated if I have been helpful. To request my assistance again in the future, please go to the following link and enter your question on my profile page:http://www.justanswer.com/law/expert-askrobert/
In the items above , where is states "parent" is it safe to assume to substitute grandparent, since the father is deceased?
Thank you for your follow up.Grandparents do not enjoy the same rights but if the grandparent relationship can be shown to be better for the child then the judge may award visitation. Preference goes to the parents but if the parents are not currently in a relationship then grandparent visitation is more likely.I hope this has helped. Please let me know if you need me to clarify.Thank you,Robert
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