The joy that a child brings to a parent is immeasurable. From the moment a child enters a parent’s life, a special love and bond is formed that lasts a lifetime. Thus, it is understandable that the pain caused from a parent losing custody of his or her child during divorce can be immense. Because of this, it is a serious undertaking for custody to be taken away. The law recognizes that a parent has a “rebuttable presumption” to custody. A parent’s right to custody of a child is a fundamental liberty interested protected by the United States Constitution. Because these rights are constitutionally protected, court require proof of unfitness to be supported by clear and convincing evidence.
Georgia Law as it Relates to Child Custody
Georgia allows certain close relatives such as grandparents, aunts, uncles, and siblings, to bring a court action for child custody against one or both parents. This is a two-step process. First, the court must consider whether there is clear and convincing evidence of parental misconduct or inability. If so, the court then will consider whether termination of parental rights is in the best interest of the child. Under Georgia law: “If a child is found under circumstances of:- destitution and suffering,
- abandonment, or
- exposure or
- if the child has been begging or
- if it is found that the child is being reared under immoral, obscene, or indecent influences which are likely to degrade his moral character and devote him to a vicious life