Georgia Child Custody Guide (2025)

In Georgia, child custody decisions are based on the best interest of the child. The court will consider a variety of factors to determine what arrangem...

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Key Takeaways

  • Georgia law recognizes two types of custody:
  • When making a custody determination, Georgia courts must consider the best interest of the child. The court will evaluate all relevant factors, including:
  • Georgia courts place a strong emphasis on which parent has been the primary caregiver for the child. Be prepared to demonstrate your involvement in your child's daily life.
The Short Answer

In Georgia, child custody decisions are based on the best interest of the child. The court will consider a variety of factors to determine what arrangement will best promote the child's welfare and happiness.

Georgia Child Custody Guide (2025)

In Georgia, child custody decisions are based on the best interest of the child. The court will consider a variety of factors to determine what arrangement will best promote the child's welfare and happiness.

This guide provides an overview of how child custody is determined in Georgia, the factors courts consider, and the importance of a comprehensive parenting plan.

Table of Contents

  1. What are the types of custody in Georgia?
  2. How do Georgia courts determine the best interest of the child?
  3. What is a Parenting Plan in Georgia?
  4. Can a child choose which parent to live with in Georgia?
  5. How can a custody order be modified in Georgia?
  6. Frequently Asked Questions
  7. Legal References

What are the types of custody in Georgia?

Georgia law recognizes two types of custody:

  • Legal Custody: The right to make major decisions about the child's life, including education, healthcare, religion, and extracurricular activities. Legal custody can be sole or joint.
  • Physical Custody: The right to have the child live with you. Physical custody can be sole, primary, or joint.

How do Georgia courts determine the best interest of the child?

When making a custody determination, Georgia courts must consider the best interest of the child. The court will evaluate all relevant factors, including:

  • The love, affection, bonding, and emotional ties existing between each parent and the child.
  • The capacity and disposition of each parent to give the child love, affection, and guidance.
  • The capacity and disposition of each parent to provide the child with food, clothing, medical care, and other necessary care.
  • The home environment of each parent.
  • The importance of continuity in the child's life.
  • The stability of the family unit of each parent.
  • The mental and physical health of each parent.
  • Each parent's involvement in the child's educational, social, and extracurricular activities.
  • The willingness and ability of each parent to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent.
  • Any evidence of family violence, substance abuse, or criminal history of either parent.

Civilly Insight: Georgia courts place a strong emphasis on which parent has been the primary caregiver for the child. Be prepared to demonstrate your involvement in your child's daily life.

What is a Parenting Plan in Georgia?

A Parenting Plan is a required document in all Georgia custody cases. It is a detailed written agreement that outlines how the parents will handle their rights and responsibilities regarding the child.

A Parenting Plan must include:

  • A detailed schedule of physical custody, including holidays, birthdays, and vacations.
  • A designation of who will have legal custody and make major decisions.
  • Provisions for transportation of the child between the parents.
  • A method for resolving future disputes.

Can a child choose which parent to live with in Georgia?

In Georgia, a child who is 14 years of age or older has the right to select the parent with whom he or she desires to live. The child's selection is presumptive and will be honored by the court unless the chosen parent is found to be unfit. A child who is between the ages of 11 and 14 may also have their preference considered by the court, but it is not controlling.

How can a custody order be modified in Georgia?

To modify a custody order in Georgia, you must show that there has been a material change in circumstances that affects the child's welfare since the entry of the prior order. A modification must be in the best interest of the child.

A material change could include:

  • A parent's relocation
  • A change in a parent's work schedule
  • A change in the child's needs
  • A parent's failure to adhere to the current parenting plan

Frequently Asked Questions

Do mothers have an advantage in Georgia custody cases?

No. Georgia law is gender-neutral and does not give preference to either the mother or the father.

What are the custody laws for unmarried parents in Georgia?

If the parents are not married, the mother has sole custody of the child until the father establishes paternity. Once paternity is established, the court will determine custody based on the best interest of the child.

What is a guardian ad litem?

A guardian ad litem is an attorney appointed by the court to represent the child's best interests in a custody case. The guardian ad litem will conduct an investigation and make a recommendation to the court.

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