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Custody and parenting plans in Georgia
Summary
Georgia judges decide custody based on what's best for the child. Neither parent starts with an advantage, and there's no presumption in favor of any particular form of custody, including joint custody.[1]
Custody has two parts: legal custody, which is who makes major decisions, and physical custody, which is where the child lives. Each can be shared or given to one parent.
Every divorce with children needs a parenting plan. If parents agree on one, they file it together. If they don't, each parent files their own and the judge decides.
Legal custody and physical custody
With joint legal custody, both parents have equal rights and responsibilities for major decisions about the child, such as school and health care. A judge can still give one parent the final say on certain decisions.[2]
With joint physical custody, the child has substantially equal time and contact with both parents. With sole custody, one parent has custody and the other usually has parenting time, sometimes called visitation.
Parents can share legal custody even when the child lives mostly with one of them.
What judges look at
The judge can consider anything that affects the child's best interest.[1] The law lists factors such as:
- The child's bond with each parent, and with brothers and sisters
- Each parent's ability to give the child guidance, everyday care and a safe home
- Keeping the child's life stable, including school and community
- Each parent's involvement in the child's school, activities and health care
- Each parent's willingness to support the child's relationship with the other parent
- Each parent's health and work schedule
- Any family violence, abuse or substance abuse
When the child's wishes count
A child 14 or older can choose which parent to live with. The judge follows that choice unless living with that parent isn't in the child's best interest.
For children 11 to 13, the judge must consider their wishes and educational needs, but the wishes don't decide it. For younger children, the judge decides based on their best interest.[1]
What a parenting plan covers
A parenting plan is required whenever a court decides permanent custody or changes it.[3] Unless the judge or the parents decide otherwise, it should cover:
- Where the child will be on each day of the year
- Holidays, birthdays, vacations and school breaks, with start and end times
- How exchanges and transportation work, and who pays for them
- Whether any parenting time needs to be supervised
- Who makes decisions about school, health care, activities and religion, and how disagreements are settled
- That both parents can see the child's school, medical and other records
If the parents can't agree, each files a proposed plan by the court's deadline. If one parent doesn't, the judge can adopt the other parent's plan if it's in the child's best interest.
If there's family violence
If the judge finds there has been family violence, the safety and well-being of the child and of the parent who was harmed come first.[1] If you don't feel safe, Georgia's statewide domestic violence hotline is 1-800-334-2836 (1-800-33-HAVEN).
Changing custody later
Custody can be changed later if circumstances change in a way that affects the child. A child 14 or older choosing to live with the other parent can count as that kind of change, but only once every two years.[1]
Questions you might ask a lawyer
- Given our schedules, what custody arrangement is realistic?
- What should our parenting plan say about holidays and exchanges?
- How would our plan affect child support?
- What should I do now so the children's routine stays steady?
Common questions
Do Georgia courts favor mothers in custody cases?
No. Georgia law says neither parent has a right to custody over the other, and there's no presumption in favor of any particular form of custody. The judge decides based on the child's best interest.[1]
At what age can a child choose which parent to live with in Georgia?
At 14. The judge follows the child's choice unless living with that parent isn't in the child's best interest. For children 11 to 13, the judge considers their wishes, but they don't decide it.[1]
What is joint custody in Georgia?
Joint legal custody means both parents share major decisions about the child. Joint physical custody means the child has substantially equal time with both parents. A court can order one, the other, or both.[2]
Do we need a parenting plan if we agree on everything?
Yes. A parenting plan is required whenever a court decides permanent custody. If you agree, you file one plan together.[3]
Sources
- ^ O.C.G.A. § 19-9-3, custody and the child's best interest (WomensLaw)
- ^ O.C.G.A. § 19-9-6, custody definitions (FindLaw)
- ^ O.C.G.A. § 19-9-1, parenting plans (Justia)
Laws and court rules change. If something here looks out of date, email help@divorce.city.