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O.C.G.A. § 15-11-26 — Best interests of child | Georgia Code
O.C.G.A. § 15-11-26 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 15 COURTS

Section 11. Juvenile Code, 15-11-1 through 15-11-747.

ARTICLE 1 GENERAL PROVISIONS

15-11-26. Best interests of child.

Whenever a best interests determination is required, the court shall consider and evaluate all of the factors affecting the best interests of the child in the context of such child's age and developmental needs. Such factors shall include:

  1. The physical safety and welfare of such child, including food, shelter, health, and clothing;
  2. The love, affection, bonding, and emotional ties existing between such child and each parent or person available to care for such child;
  3. The love, affection, bonding, and emotional ties existing between such child and his or her siblings, half siblings, and stepsiblings and the residence of such other children;
  4. Such child's need for permanence, including such child's need for stability and continuity of relationships with his or her parent, siblings, other relatives, and any other person who has provided significant care to such child;
  5. Such child's sense of attachments, including his or her sense of security and familiarity, and continuity of affection for such child;
  6. The capacity and disposition of each parent or person available to care for such child to give him or her love, affection, and guidance and to continue the education and rearing of such child;
  7. The home environment of each parent or person available to care for such child considering the promotion of such child's nurturance and safety rather than superficial or material factors;
  8. The stability of the family unit and the presence or absence of support systems within the community to benefit such child;
  9. The mental and physical health of all individuals involved;
  10. The home, school, and community record and history of such child, as well as any health or educational special needs of such child;
  11. Such child's community ties, including church, school, and friends;
  12. Such child's background and ties, including familial, cultural, and religious;
  13. The least disruptive placement alternative for such child;
  14. The uniqueness of every family and child;
  15. The risks attendant to entering and being in substitute care;
  16. Such child's wishes and long-term goals;
  17. The preferences of the persons available to care for such child;
  18. Any evidence of family violence, substance abuse, criminal history, or sexual, mental, or physical child abuse in any current, past, or considered home for such child;
  19. Any recommendation by a court appointed custody evaluator or guardian ad litem; and
  20. Any other factors considered by the court to be relevant and proper to its determination.

(Code 1981, §15-11-26, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.)

Law reviews.

- For article, "Parentage Prenups and Midnups," see 31 Ga. St. U.L. Rev. 343 (2015).

JUDICIAL DECISIONS

Denial of petition to legitimate child.

- Juvenile court did not abuse the court's discretion in denying the putative father's petition to legitimate the child because, although the father was not seeking custody of the child, the juvenile court did not err in basing the court's ruling on a determination of whether the father was fit to assume immediate custody of the child as the juvenile court properly considered the father's interest in caring for the child; the father's ability to support the child if placed in the father's care; and the child's current placement as part of the best interests analysis under O.C.G.A. § 15-11-26. In the Interest of J. M., 337 Ga. App. 811, 788 S.E.2d 888 (2016), cert. denied, No. S16C1860, 2017 Ga. LEXIS 120 (Ga. 2017).

Considerations for the court.

- Judgments terminating the parental rights of a mother and father to their three children pursuant to O.C.G.A. § 15-11-310 were affirmed because of their excessive use of and history of chronic substance abuse, which caused their inability to maintain consistency in employment and the children to be dependent, their failure to comply with the court ordered plan designed to reunite the family, no due process violations occurred, and the children had bonded well with their foster families. In the Interest of E. G. M., 341 Ga. App. 33, 798 S.E.2d 639 (2017).

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This Georgia Code resource is curated by the attorney maintaining this site, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.