How is child custody decided in Georgia?

Georgia child custody is governed by O.C.G.A. § 19-9-1 et seq.

1. Legal vs. Physical Custody (O.C.G.A. § 19-9-6)

Legal custody — major decisions including education, healthcare, religion, extracurriculars. Often awarded jointly with one parent designated as final decision-maker on each topic.

Physical custody — where the child lives. Joint or sole.

2. No Presumption

Georgia provides no presumption based on the parent's gender (O.C.G.A. § 19-9-3(a)(1)).

3. Best Interest Factors — 17 Listed (O.C.G.A. § 19-9-3(a)(3))

The court may consider any relevant factor, including:

Love, affection, bonding between child and each parent.

Each parent's emotional ties to the child.

Each parent's capacity to give love, affection, guidance, and continued education.

Each parent's knowledge and familiarity with the child's needs.

Capacity and disposition to provide food, clothing, medical care.

Home environment with emphasis on nurturing and safety vs. other factors.

Importance of continuity in the child's life.

Stability of family unit and support systems.

Mental and physical health of each parent.

Each parent's involvement in school, extracurricular, and social activities.

Each parent's employment and work schedule.

Home, school, and community history.

Each parent's past performance and relative abilities.

Each parent's willingness and ability to facilitate a close relationship between the child and the other parent.

Recommendation of court-appointed custody evaluator.

Any evidence of family violence, sexual, mental, or physical child abuse, criminal history, substance abuse.

4. Child's Election — Age 14+ (O.C.G.A. § 19-9-3(a)(5))

Georgia is unique: in an initial custody determination or modification, a child who has reached age 14 has the right to select the parent with whom the child desires to live. The selection is presumptive and will be honored unless the court finds that the parent selected is not in the best interest of the child.

5. Child Age 11 to 13 (O.C.G.A. § 19-9-3(a)(6))

The court must consider the desires and educational needs of the child, but the child's wishes are not controlling. The court has complete discretion in setting custody.

6. Modification (O.C.G.A. § 19-9-3(b))

Requires a material change of condition affecting the welfare of the child since the last order. Modification petitions are limited to once every 2 years, unless the child elects under the age 14 rule (which can prompt a modification at any time).

7. Parenting Plan Required (O.C.G.A. § 19-9-1)

A parenting plan addressing custody, visitation, decision-making, transportation, communication, and dispute resolution must be filed and incorporated into the final order.

8. Relocation

Georgia abolished the prior presumption against relocation in Bodne v. Bodne, 277 Ga. 445 (2003). Each relocation is decided on a best interest basis.

This is legal information, not legal advice.