When a couple makes the decision to divorce, they must consider different
factors of family law. Some of these factors may include child custody,
child support and property division. These decisions can be made by the
couple or by a court order. In Georgia, child custody is determined based
on the best interests of the child. Modification to a divorce order pertaining
to things like child custody may be made if the conditions of the order
Just such a situation appears to be at the foundation of a petition to
modify child custody in the matter of a Mississippi mayor and his ex-wife.
The couple filed for divorce in March 2011, and entered into an agreement
for child custody, child support and division of property on June 13,
2011. In her petition, the ex-wife states that child custody should be
modified because the mayor heavily consumes alcohol when he is with the
children. She also states that there have been times when her ex-husband,
while under the influence of alcohol, has driven with the minor children
inside the vehicle.
The ex-wife has also petitioned the court to set aside the property agreement
in the divorce decree. She claims the current agreement is inadequate
and that her former husband has not fully disclosed all of his assets
pursuant to equitable property division.
In Georgia, child custody decisions are based on numerous factors including
the child's current living situation and each parent's ability
to care for the child's emotional and physical needs. If the child
is at least 14 years old, the child may select the parent household where
he or she wishes to reside. This decision is taken into consideration
by the court and the court typically grants the child's selection
if the parent is able to provide for the child. If parents are no longer
able to support the child, the court may modify the child custody order.
When parents are not able to come to an agreement, Georgia courts make
decisions of child custody and child support based on the best interests
of the child. If the conditions of the court order have changed, modifications
may be made to accommodate the physical and emotional well being of the child.