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Overview of Child Custody Laws in Georgia
Everyone’s situation and circumstances are different when it comes to divorce, and that is no different with child custody situations. When we work with parents, we make sure they understand the difference between legal and physical custody so that all of their questions get answered and their concerns are put at ease.
In Georgia, there are two types of child custody: legal and physical. Each type of custody comes with its own concerns, so it’s important to work with an attorney who can help you decide what is best for your child’s needs.
Types of Custody in Georgia: Legal and Physical Custody
Legal Custody in Georgia
In Georgia, a vast majority of people will have joint legal custody. The court will assign a “decision maker,” who will make decisions about the child’s non-emergency medical needs, religion, extra-curricular activities, and education.
Physical Custody in Georgia
In Georgia, physical custody is custody as it relates to the children’s actual schedule. The court can order all types of physical custody, but more often than not; they will assign a primary physical custodian and a secondary physical custodian of the minor children. Physical custody has a lot of moving parts and doesn’t follow a specific standard. It always comes down to the best interest of the child. It’s not about what the parent wants; it’s about what the child needs.
How is Custody Determined in Georgia?
In Georgia, child custody laws prioritize the child or children’s best interests, ensuring a stable and nurturing environment. If the parents are married, they have equal rights to visitation and custody. However, if the parents are unmarried, Georgia law declares that only the mother of a child born out of wedlock has custody rights to the child.
What Does “Best Interest” Mean?
One term you will likely hear often during your custody case is “best interest” – as in, what decisions, actions, or schedule is in the “best interest” of your child. This just means that a judge will make decisions based on a few different factors. So, what are the “best interests” judges commonly look for in child custody cases?
- Each parent’s home environment and ability to care for and nurture the child
- Each parent’s physical and mental health
- Each parent’s emotional ties to the child
- Each parent’s ability to provide the child with clothing, food, and medical care
- The relationship between the child and any siblings, half-siblings, or stepsiblings who are in either parent’s home
- Each parent’s familiarity with the child’s health, educational, and social needs
- Each parent’s involvement in the child’s schooling and extra-curricular activities
- Each parent’s willingness to foster a relationship between the child and the non-custodial parent
- The relative stability of each parent
- Any history of substance abuse by either parent
- Any history of physical abuse, sexual abuse, or neglect of children by either parent
- Any criminal histories of either parent.
Custody Agreements and Parenting Plans
A parenting plan is a written and detailed document that lays out how you and your co-parent will support and parent your children after divorce. It includes things like time with the children, holidays, extracurriculars, religion, vacations, visits with extended family, flexibility in schedules, communication between the parents and children, and even how you communicate with your co-parent.
Having a well-planned out and detailed parenting plan can help you avoid conflict and work cohesively with your ex-spouse. Think of it as a roadmap: directions guiding each parent where they need to go and how they need to get there. If you and your ex face some sort of problem, the parenting plan is where you should look for a solution.
What Goes into a Parenting Plan?
Regular Parenting Time Schedule
Your parenting plan should include the day-to-day routine of your kids. This is any day that you aren’t on vacation or there isn’t a holiday. Who gets the kids on what days? How do you communicate with the kids and your co-parent? Typically, depending on your specific situation and the custody agreement you have, the parent who has the kids on certain days is responsible for school pick-up, doctor’s appointments, and getting kids to and from extracurriculars.
Travel and Vacations
Which parent gets to take the children on vacations, and when do they get to do it? The parenting plan should outline when vacations are planned, transportation, who is paying for plane tickets and other costs, who is permitted to travel with the children, and any other important details that come with travel and vacation plans.
Holidays
Who spends what holidays with who? Will you switch off on major holidays? Consider holidays that are parent specific, such as Mother’s Day or Father’s Day. Something else to consider that can cause conflict is if you are allowed to switch days, and if so, how much notice is needed?
Education
Extracurriculars, parent-teacher conferences, school events, and school choice is essential to include in your parenting plan. Who will attend parent-teacher conferences? Will you and your co-parent go together, or will you go separately? What school will the children attend? Will the children do extracurriculars? If so, make sure to account for if the extracurriculars take place on the other parent’s time. There are going to be unavoidable situations that require compromise and flexibility, so getting even the minute details in is crucial for avoiding arguments down the road.
Religion and Culture
If you and your spouse differ when it comes to religious preference, include it in your parenting plan. Be sure to outline religious upbringing, as well as what cultural activities the children can and will take part in.
Health Care and Medical Access
Who makes decisions about medical or dental procedures? Will you make decisions together or does one parent have the ultimate say? If there is an emergency at school, which parent is notified? If there is an emergency at home, which parent notifies the school? Who submits claims for insurance? If a child is ill, who is responsible for taking care of them or taking them to the doctor? If your child is special needs, this raises questions like who is responsible for making decisions about their physical and psychological needs, as well as whose job it is to make arrangements for special care, medicine, and financial requirements.
Relocation
How will relocation be presented to the other parent, and is relocation allowed at all? Does one parent have a certain number of days to let the other parent know that they want to move? If one parent does move, how will time be redistributed or scheduled if the move is over a certain distance?
New Spouses
In your parenting plan, it is important to determine behavior surrounding a new partner and/or blended families. When will you introduce your new partner to your kids? Will your kids spend time with your new partner? Is your new partner permitted to spend the night? If your new partner has children, when will they be introduced to your children, and how much time will they spend together?
Alterations to the Parenting Plan
It is important to discuss when a parenting plan modification is required. This might be necessary if you finalize your plan and then realize that there is a scheduling issue, if one parent gets re-married, or if there is a conflict surrounding an element of the parenting plan that can’t be fixed simply by sitting down together. In your parenting plan, lay out how this process will work and how you and your co-parent will communicate.
Communication
How will you communicate with your co-parent? How will your kids communicate with you? There are several phone apps that help with co-parenting:
- WeParent
- FamCal
- OurFamilyWizard
- Coparently
- Custody Connection
There are hundreds of co-parenting resources at your disposal that can improve the way you communicate with your kids and fellow co-parent.
Your parenting plan should be a detailed, child-oriented, and cohesive outline of how you plan to raise your children as a divorced couple. A parenting plan is a tool that can help you avoid conflict and keep your children’s best interests in mind, which should always be the top priority. Because of the detailed and at times complicated nature of parenting plans, having an attorney look over your agreement before finalizing it is important.
Modifying Custody Orders
In Georgia, there are several reasons that a parent would need to adjust their child support agreement. To petition for a modification of child support, there must be a substantial change in circumstances, or a specified amount of time passed.
Some reasons for a child support modification include but are not limited to:
New Expenses
As children get older, their expenses often fluctuate. Things like childcare and education, transportation, clothing, and healthcare expenses might require you to modify your child support agreement.
Change in Circumstances
There are many examples of a change in circumstances that may warrant a modification of child support. Some examples are:
- Relocation of either parent
- Job loss
- Job promotion
- Additional children
- Change in visitation/custody
Enforcing Custody Orders in Georgia
If you or your co-parent have a court-issued custody order, disobeying the final order could jeopardize your custodial rights.
In Georgia, a final order is a court ruling that lasts until one of the following happens:
- The child turns 18
- The child is emancipated
- The parents reach an alternate agreement approved by the court
- A parent proves a significant change in circumstances that requires a new order.
- The court grants a child’s custody election.
Frequently Asked Questions About Child Custody in Georgia
What types of custody does Georgia recognize?
Legal custody and physical custody. Legal custody is the right to make major decisions about the child’s life (education, healthcare, religion) and physical custody determines where the child lives and which parent provides daily care.
Can both parents share custody?
Yes. Georgia courts often award joint legal custody, meaning both parents share decision-making responsibilities. However, one parent may be designated as the primary physical custodian, especially if the child primarily resides with them.
Can a child choose which parent to live with?
When a child turns 14, they can sign an election of custody, which says who they want to live with on a primary basis.
How can I file for custody in Georgia?
You can file a petition for child custody in your county’s Superior Court. If you are divorcing, the petition will be included in your divorce papers. You must then serve, or deliver, custody forms to the other party using a process server or sheriff’s office.
Do grandparents have custody or visitation rights?
In Georgia, grandparents have certain rights to seek visitation and/or custody of their grandchild. Under Georgia code (O.C.G.A 19-7-3), grandparents may file a petition seeking visitation in any custody action, including cases involving divorce, termination of parental rights, and adoption.
How Brown Dutton & Crider Can Help Your Custody Situation in Georgia
Two happy homes are better for a child than one unhappy home. Child custody in Georgia can be complicated. When a parent is involved in a disagreement over the custody of their child, that parent has the option to self-represent in court, but having an experienced attorney by their side who specializes in child custody issues is beneficial for all parties involved. In a child custody case, it is important that everyone stays focused on the best interest of the child while working through the process.
We promise to be empathetic and caring. Brown Dutton & Crider is committed to providing caring and supportive legal services for individuals facing divorce. We know how important it is to feel understood, heard, and supported. We know you want someone who will treat you with warmth and respect. We do those things because that’s who we are. It’s in the DNA of our law firm.
We promise to provide the highest quality legal representation, so you get the results you deserve. It’s not enough to only be empathetic and caring. We know you want top quality legal services, too. So, that’s exactly what we deliver. When you hire a lawyer from Brown Dutton & Crider as your divorce attorney or family law attorney, you get a top divorce lawyer serving Cobb and surrounding counties in Georgia.
Brown Dutton & Crider – Divorce Lawyers and full-service family law firm in Georgia.
