Everything You Need to Know About Georgia Child Custody Laws, Rights, and the Court Process
Few family law issues bring as much stress, uncertainty, and emotion as child custody disputes. Parents going through divorce or separation often worry about how much time they will get with their children, who will make important decisions, and how the court will evaluate their parenting abilities.
The child custody lawyers at The Sherman Law Group understand that child custody isn’t just about legal paperwork — it’s about your child’s well-being and your role as a parent. Our attorneys have guided thousands of Georgia parents through custody cases, from amicable agreements to high-conflict court battles.
This guide provides everything you need to know about child custody in Georgia.
We’ll explain the law in clear, practical terms, outline what judges consider when making custody decisions, and answer the 30 most common questions parents ask about custody. By the end, you’ll have the knowledge and confidence to take the next step.
What Is Child Custody in Georgia?
In Georgia, custody refers to both the right to make decisions for a child and the time a child spends with each parent. Unlike in the past, where one parent (often the mother) was almost automatically granted custody, Georgia law today is gender-neutral. Courts focus solely on what serves the best interests of the child.
Custody is divided into two main categories:
- Legal Custody – The authority to make major decisions about the child’s upbringing (education, healthcare, religion, extracurricular activities).
- Physical Custody – Determines where the child lives on a day-to-day basis.
Joint vs. Sole Custody
- Joint Legal Custody is common in Georgia. Both parents share decision-making responsibilities, though one parent may have “tie-breaking” authority in certain areas (like healthcare).
- Joint Physical Custody means both parents share substantial time with the child, though it doesn’t always mean a 50/50 split.
- Sole Custody is less common. One parent has both legal and physical custody, while the other may receive visitation.
How Georgia Courts Decide Custody
Unlike some states, Georgia law does not assume that custody should automatically be split evenly between parents. Instead, the court looks at many factors to determine what is best for the child.
Key Factors Judges Consider
- Emotional bonds between each parent and child
- Ability of each parent to provide food, shelter, medical care, and guidance
- Stability of each parent’s home environment
- Involvement of each parent in the child’s education, activities, and daily routine
- The mental and physical health of each parent
- History of substance abuse or domestic violence
- The child’s preference (if age 14 or older, this choice is binding unless the court finds it is not in the child’s best interest)
- Each parent’s willingness to foster a relationship between the child and the other parent
Georgia law is designed to ensure that children maintain strong relationships with both parents whenever possible, but the child’s safety and stability always come first.
Parenting Plans in Georgia
Every custody case in Georgia requires a parenting plan. This plan must be detailed, addressing issues like:
- The child’s weekly and holiday schedule
- Where the child spends school breaks and summer vacation
- Which parent handles transportation during custody exchanges
- How decision-making authority is divided
- How parents will resolve disputes (mediation, counseling, etc.)
Courts prefer when parents work together to create a plan. If parents cannot agree, the judge will impose one.
Types of Custody Arrangements in Georgia
1. Joint Legal Custody
Both parents share responsibility for major decisions. However, one parent may have final decision-making power in specific areas.
2. Joint Physical Custody
The child spends substantial time with both parents. This is not necessarily a 50/50 split but should ensure ongoing relationships with both parents.
3. Sole Custody
One parent has full legal and physical custody. The other parent may be granted visitation unless it would endanger the child.
4. Split Custody (Rare)
Siblings are divided between parents. Georgia courts typically avoid this arrangement, preferring siblings remain together.
Modification of Custody Orders
Custody orders aren’t permanent. Georgia law allows for modification if there has been a material change in circumstances affecting the child’s welfare. Examples include:
- A parent relocating
- Significant changes in work schedules
- Evidence of abuse, neglect, or substance abuse
- A child’s needs changing with age
A parent can request modification every two years, or sooner if a significant change occurs.
Enforcement of Custody Orders
When one parent refuses to follow a custody order, the other parent can file a contempt action. Consequences may include:
- Makeup parenting time
- Fines or attorney’s fees
- Jail time in extreme cases
The court takes violations seriously, as they disrupt the child’s life and undermine the legal process.
Child Custody and Relocation in Georgia
Relocation is one of the most common reasons custody orders need to be revisited. A parent cannot simply move a child far away without addressing custody. Judges look at:
- The reason for the move (job, family, new spouse, etc.)
- The effect on the child’s stability and schooling
- The impact on the child’s relationship with the other parent
Sometimes relocation is approved, and sometimes it results in custody being modified.
Child Custody and Unmarried Parents
If parents are not married at the time of a child’s birth in Georgia:
- The mother automatically has custody.
- The father must file a legitimation action to establish custody and visitation rights.
- Without legitimation, a father may have child support obligations but no legal right to custody or visitation.
This is one of the most misunderstood parts of Georgia custody law — and one of the most important for fathers to know.
30 Frequently Asked Questions About Child Custody in Georgia
(Expanded answers for depth and SEO value)
1. What does “best interests of the child” mean?
It’s a standard that considers the child’s safety, emotional health, stability, and long-term well-being. Judges weigh multiple factors, including parental fitness, home environment, and past caregiving.
2. Can a child choose which parent to live with?
Yes. At age 14, the child’s choice is binding unless the judge finds it harmful. Ages 11–13 can express preferences, but they are advisory only.
3. Do Georgia courts favor mothers?
No. The law is gender-neutral. Fathers have equal rights when they demonstrate involvement and stability.
4. What’s the difference between legal and physical custody?
Legal custody = decision-making power. Physical custody = where the child lives and spends time.
5. Can custody be split 50/50?
Yes, but it’s not presumed. Judges approve it when parents live near each other, cooperate well, and it benefits the child.
6. How does child support relate to custody?
Custody time can affect support calculations, but support is based mainly on parental income under Georgia’s child support guidelines.
7. How often can custody orders be changed?
Every two years, or sooner if a material change occurs (such as relocation or danger to the child).
8. What if my ex violates the custody order?
File a contempt action. The court can enforce compliance and punish violations.
9. Can I move out of state with my child?
Not without court approval if it affects custody. The other parent must be notified, and the court will consider the child’s best interests.
10. What happens during temporary custody hearings?
Courts may issue a temporary order during a pending divorce to provide stability until the final hearing.
11. Can custody be decided without a trial?
Yes. Many cases settle through negotiation or mediation. Judges prefer when parents create their own parenting plan.
12. What is legitimation?
The legal process unmarried fathers use to establish custody and visitation rights in Georgia.
13. How does domestic violence affect custody?
It’s taken very seriously. Courts may deny custody or limit visitation, often requiring supervision.
14. Can a parent lose custody for substance abuse?
Yes. Evidence of drug or alcohol abuse can limit custody or visitation until the parent demonstrates recovery.
15. Can grandparents seek custody?
Yes, but only if both parents are unfit or if extraordinary circumstances show that living with grandparents is best for the child.
16. Do children testify in custody cases?
Usually not directly. Their preferences are conveyed through a guardian ad litem or in-camera interview with the judge.
17. What is a guardian ad litem?
A court-appointed representative who investigates the child’s situation and recommends custody arrangements.
18. How long does a custody case take?
It varies. Simple uncontested cases may take months; contested cases can take over a year.
19. Can step-parents get custody?
Generally no, unless they adopt the child or both biological parents are unfit.
20. What if my ex won’t return the child after visitation?
File for contempt or emergency relief. Law enforcement may intervene.
21. Does joint custody mean no child support?
No. Child support is calculated even in joint custody cases, based on incomes and expenses.
22. What if parents live in different school districts?
The court decides based on educational stability and the child’s needs.
23. Do military parents lose custody during deployment?
No. Georgia law protects service members. Custody is adjusted temporarily and restored upon return.
24. Can a parent refuse visitation if support isn’t paid?
No. Visitation and support are separate legal issues.
25. What if one parent becomes unfit later?
The other parent can petition to modify custody and request sole custody.
26. Can custody orders be enforced in other states?
Yes. Georgia follows the UCCJEA, which ensures custody orders are recognized nationwide.
27. Can custody be shared with unusual schedules (like rotating weeks)?
Yes, if both parents agree and the court approves.
28. What if one parent alienates the child from the other?
Judges take parental alienation seriously. It can lead to reduced custody for the offending parent.
29. Do judges always follow a guardian ad litem’s recommendation?
Not always, but the GAL’s opinion carries significant weight.
30. How do I start a custody case in Georgia?
By filing a petition in Superior Court in the child’s county of residence. Legal representation is strongly recommended.
Sample Parenting Plan Language in Georgia
Every custody case in Georgia requires a written parenting plan. Courts want to see a detailed schedule and guidelines that minimize conflict and keep children’s lives stable. While every family’s situation is unique, below is sample language that Georgia parents often include in their plans.
1. Regular Weekly Schedule
- During the School Year:
- The child shall reside primarily with [Parent A] during the week, except that [Parent B] shall have parenting time every Wednesday from after school until 8:00 p.m.
- The child shall reside with [Parent B] on alternating weekends from Friday after school until Sunday at 6:00 p.m.
- During the Summer:
- Parenting time shall be equally divided, with each parent having two consecutive weeks of custody, alternating throughout the summer.
2. Holidays and Special Days
- Thanksgiving:
- In odd-numbered years, the child shall be with [Parent A] from Wednesday after school until Sunday at 6:00 p.m. In even-numbered years, the child shall be with [Parent B] during the same period.
- Winter Break:
- The child shall spend the first half of the school break with [Parent A] and the second half with [Parent B], alternating which parent has Christmas Day each year.
- Mother’s Day and Father’s Day:
- The child shall always spend Mother’s Day with the mother and Father’s Day with the father, regardless of the regular custody schedule.
- Child’s Birthday:
- Both parents shall have reasonable access to celebrate the child’s birthday, with the parent not scheduled for custody allowed visitation of at least two hours on the birthday itself.
3. Decision-Making Authority (Legal Custody)
- The parents shall share joint legal custody.
- [Parent A] shall have final decision-making authority regarding the child’s education.
- [Parent B] shall have final decision-making authority regarding the child’s healthcare.
- Decisions regarding extracurricular activities shall be made jointly, with costs shared proportionally to each parent’s income.
4. Transportation and Exchanges
- Parents shall share responsibility for transportation. The parent beginning custody shall pick up the child at the other parent’s residence, school, or agreed-upon neutral location.
- Both parents shall ensure the child is ready at the scheduled exchange time. If unforeseen delays occur, parents will communicate promptly.
5. Communication and Cooperation
- Parents shall communicate respectfully regarding the child and keep each other informed about school events, medical needs, and extracurricular activities.
- Both parents shall provide the child with reasonable telephone and electronic contact with the other parent during their custodial time.
6. Dispute Resolution
- In the event of a disagreement regarding the parenting plan, the parties agree to first attempt resolution through mediation before seeking court intervention.
Why Sample Language Helps
This type of detailed parenting plan helps avoid misunderstandings, reduces the need for repeated court involvement, and ensures the child has stability. Judges strongly prefer when parents agree on a structured, clear plan rather than leaving decisions vague or open to conflict.
At The Sherman Law Group, our family law attorneys regularly draft and negotiate parenting plans tailored to each family’s unique circumstances. We know how to balance legal requirements with the realities of your life — work schedules, school obligations, and the needs of your children.
Georgia Child Custody Lawyer Near Me
Custody battles are never easy, but knowing Georgia’s laws helps you make informed decisions that protect your child’s future. Whether you’re seeking custody, negotiating a parenting plan, modifying an order, or facing enforcement issues, the process can feel overwhelming.
At The Sherman Law Group, we combine compassion with strategy. Our child custody attorneys have years of experience representing parents in custody disputes across Georgia, and we fight hard to protect both your rights and your child’s well-being.
Call us today to schedule a confidential consultation. Let us put our knowledge, experience, and dedication to work for you.