Some evidence supporting endangerment claims may include:

1. Police Reports. Police reports showing numerous disturbances at the custodial parents home can be a sign of instability and may support a change of custody. This is particularly true if the children were present at the time of the disturbances

2. Criminal Records. Criminal offenses that endanger the children or that leave them without supervision can also be used as powerful evidence in any motion to change custody.

3. Child Protection Reports. Reports of abuse or neglect relates specifically to the care of the children and are often the strongest possible evidence for a change of custody where the negligence or abuse has been substantiated.

4. School Records. School records showing significant absenteeism, behavior problems or falling grades cans support claims of instability ion the child’s custodial home.

5. Counseling Records. Counseling or psychological records may reveal problems in the home that lead to symptoms of poor socialization, development or depression issues.

6. Medical Records. Medical records related to injuries may point to a general lack of care and attention by a custodial parent.

BEST INTERESTS STANDARD

A majority of states use a “best interests of the child” standard when determining whether to modify existing custody arrangements. That means the Courts will look at all circumstances affecting the child and determine whether a change of custody is in the child’s best interests. Even under this standard there is generally a presumption to retain the current custodial arrangement. When applying this standard, the Court is often guided by specific factors to consider set out in the family law code. Some factors may include:

1. The wishes of each of the parents;

2. The physical and psychological capacity of each parent to provide care for the child;

3. The desires of any child who is of a suitable age and maturity to express a desire;

4. The residential and employment stability of each parent;

5. Where there have been any incidents of neglect or abuse;

6. Each parents past history of providing care for the child which is often referred to as determining the child’s primary caretaker.

7. The child’s relationship with siblings or other in home family members including potential second family members.

8. The ability of the parents to communicate and cooperate on child rearing issues;

9. Each parent’s willingness to facilitate and encourage the child’s relationship with the other parent.

10. The child's adjustment to home, school, and community;

11. The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;

One of the most common questions asked is when a child can decide where they will live. In almost all states, the child’s wishes are only one factor out of many and are never dispositive with regard to the issue. However, as each child matures, their wishes will carry greater weight in contested custody proceedings. There is also one notable exception to the rule. In the State of Georgia, it is presumed that a child age fourteen (14) or older can decide where they will reside. Even that presumption, however, may be rebutted with contrary evidence.

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