Yesterday I observed a trial in Cobb Superior Court presided over by Judge J. Stephen Schuster. Schuster is an older white guy who lives in Marietta. He went straight through from undergrad at Tulane to law school at UGA, and graduated from law school in 1976. Before becoming a superior court judge in Cobb county, Schuster served as Cobb County Juvenile Court's presiding judge. Juvenile court hearings typically involve abused or neglected children.
The suit was a child custody case involving two parents, divorced 7 years ago, with a 15 year old boy, Tyler. Tyler had been living with his father and new stepmother, but now wanted to live with his more nurturing and more permissive mother. Tyler's stepmother testified that she and Tyler's father limited Tyler's cell phone usage by disabling the phone from working during school hours and late in the evening, to ensure Tyler was not up all night texting. Both parents were upset that Tyler had been caught watching porn on his father's computer -- though Tyler did not seem particularly upset about this, the judge reported.
The case had been dragging out for 18 months, and the Guardian Ad Litem in the case had prepared a report recommending custody remain with the father. At trial, however, after having witnessed Tyler's in-chambers discussion with the judge, the GAL changed his mind.
O.C.G.A. § 19-9-3 sets out the standard for custody. Where a 15 year old makes an election to live with one parent, the presumption is that this request will be honored unless it is not in the best interest of the child. Applying the best interest of the child factors set out in the statute (including the GAL's recommendation), the Judge granted Tyler's request, and changed primary custody to mom.
