Key Takeaways
- Georgia has two types of custody: physical custody and legal custody.
- While Georgia courts consider several factors in determining custody, the biggest factor is whether their decision will be in the best interest of the children.
- A well-drafted parenting plan can reduce significant conflict between the parents.
- Grandparents can seek visitation rights in Georgia.
- You cannot withhold visitation if your spouse does not pay child support.
- The court will consider the child’s opinion on where he or she wants to live if the child is at least 11 years old.
Navigating Georgia child custody laws can be one of the most emotionally charged and overwhelming challenges a parent will ever face. The uncertainty about your child’s future and fear of losing precious time with him or her can leave you feeling helpless and stressed. Without a clear understanding of your rights and a solid legal strategy, you risk unfavorable decisions that could impact your relationship with your child for years to come.
At Cordell & Cordell, we offer dedicated guidance and support to help you navigate the complexities of Georgia’s child custody laws and advocate for your parental rights.
Types of Child Custody in Georgia
During custody battles, the court orders two types of custody: Legal and physical custody. Both can be joint or sole custody, or the court can order a combination of sole and joint custody.
Legal Custody
The parent who has legal custody can make decisions on behalf of the minor children, including:
- Educational decisions
- Religious upbringing
- Major medical decisions
The court can order sole or joint legal custody, regardless of who has physical custody of the child.
Physical Custody
Parents can have sole or joint physical custody, depending on what is in the best interest of the children. One parent usually has primary physical custody, even if both parents have equal time-sharing. Physical custody is where the child lives. Even if one parent has every other weekend and alternating holidays, he or she still has physical custody.
Factors Determining Custody in Georgia
When the parents cannot agree in a child custody case and cannot create a fair parenting plan, the court will make those decisions for them, including decisions about the child’s upbringing (legal custody). The court looks to the best interest of the children first, then considers other factors, including:
- Care of the child: Some parents may not want primary custody because of complex work schedules or other reasons that might prevent the parent from being home when the child needs him or her. Obligations may also prevent the parent from spending time to take the child to extracurricular activities.
- The needs of the child: A child might have special needs that one parent may not be equipped to handle.
- Domestic abuse: A parent may have been accused of domestic abuse, whether against the child or the other spouse.
- The child’s relationship with the parents: One of the parents may not have developed a close bond with the child, or a parent may be engaging in parental alienation.
- Safety: A parent’s home may not be safe, whether because of the people a parent invites over or because the home is not well-cared for.
- The child’s wishes: If a child is at least 11 years old, the court may consider the wishes of the child.
- Substance abuse: One of the parents may abuse alcohol or drugs.
- Adjustment: How well a child might adjust to a new home, school, or community.
Visitation Rights in Georgia
It is usually in the best interests of the children for both parents to have visitation rights unless one parent is abusive, incarcerated, or has other issues that negatively affect the children. A well-developed parenting plan is an excellent roadmap to remind parents, especially those who do not get along, that their continued cooperation and communication are in the best interest of the children.
The parenting plan should recognize the following:
- Fostering an excellent parent-child relationship between both parents is in the best interest of the children.
- The children’s needs will change as they grow and mature, and parents will take this into consideration, so modifications to the parenting plan are minimal.
- Whomever the children are living with each day makes decisions, including emergency decisions.
- Both parents have access to the children’s educational and medical records, insurance information, religious communications, and extracurricular activities.
Georgia’s Parenting Plan
A parenting plan can help parents stay on the same page when the child visits either parent. A parenting plan can include:
- Outlining custodial rights, including decision-making authority
- Division of parenting time and parental responsibilities
- Instructions for medical care
- Extracurricular activities
- School information
- Communication rules, including texting, emailing, and phone calls, i.e., no calls after the child’s bedtime
- Right of first refusal when one or the other parent needs a sitter
- Rules about leaving the county, state, or country
- Rotating holidays, birthdays, and other days important to the parents, such as Mother’s Day, Father’s Day, the parents’ birthdays and siblings’ birthdays
- Transportation arrangements
- If the court orders supervised visitation, the details of the supervised visitation
If one or both parents are in the military:
- How to manage the child’s transition to temporary physical custody, whether with the other parent or, in the event both parents are deployed at the same time, to another relative’s (and which relative)
- How a child will maintain continuing contact with the deployed parent(s)
- How the deployed parent(s) parenting time may be delegated to extended family members
- How the parenting plan will be resumed once one or both parents return home
- How these factors will serve the best interests of the child
Child Support in Georgia
The court will usually order child support in conjunction with custody decisions. You can use a Georgia child support calculator to determine child support. Georgia uses the income shares model that takes into consideration both parents’ incomes and the number of children.
Georgia added a parenting time deviation to the child support guidelines that does not take effect until 2026. Until then, your family law attorney can help determine the deviation, but it will be at the court’s discretion.
Grandparents’ Visitation Rights in Georgia
Many states provide for visitation rights for grandparents. In Georgia, it is not automatic. The grandparents must petition the court for visitation rights but may only do so if the parents are divorced or if one of the parents is incapacitated.
Additionally, the court must find that it is in the best interest of the child for the grandparent(s) to have visitation rights.
Modifying Custody Orders in Georgia
You can modify child custody and child support orders as long as you can prove that the modification is in the best interest of the children and that you or your ex-spouse have experienced a significant change in circumstances.
Factors the court may consider include but are not limited to:
- A change in either parent’s financial status, including a substantial pay increase or decrease, job loss, and retirement.
- A significant change in the child’s needs, such as educational costs, medical expenses, or extracurricular activities.
- A change in custodial arrangements or if a parent spends more or less time with his or her children than when child support was first entered. An example might be when the parents agree to equal time-sharing or a parent who does not exercise his or her visitation rights.
The Role of a Child Custody Attorney in Georgia
We guide parents who are going through child custody, supporting negotiations and speaking to your rights should your divorce case go to litigation.
We can also address contempt of court if your spouse does not follow the parenting plan or refuses to allow the children to contact their other parent at reasonable times. In some cases, a parent will completely withhold visitation—our experienced attorneys can represent you in court to return your visitation rights to you or, based on the other parent’s behavior, request changes to the original custody order.
Why Work with Cordell & Cordell
Child custody cases are often emotional, especially when both parents want to spend time with the children and one parent refuses fair or equal time-sharing. The family law attorneys at Cordell & Cordell have experience in Georgia divorce and child custody laws and can guide you through the process while helping protect your rights.
Client Experience
“Communication was really, really, really, good. I appreciated how I was kept informed throughout. They were always checking in on me to see if I had any questions or needed anything. Everything was great.” – Benjamin C.
“I have worked with Kelsey twice now. She has been professional in all aspects and truly provided great advice. She provided guidance and really helped me stay on top of things.” – Alexander O.
“All around he did exceptionally well for me. He got everything I was fighting for, he communicated with me well, and it was just all around a great experience.” – Dale D.
Related Resources
- Joe Cordell: One Factor That Will Help Your Custody Case: Learn about one of the biggest factors that can help your custody case.
- Cordell & Cordell’s 5 Ways To Sabotage Child Custody: Talking bad about your spouse is one of the fastest ways to sabotage your chances at child custody.
- Obtaining Emergency Temporary Custody of Your Children: Learn more about how to get emergency temporary custody of your children when your ex-spouse’s behavior is not in the best interest of the child.
Facing Challenges with Your Custody Order? We’re Happy to Help.
Cordell & Cordell is a national family law firm that guides individuals through a range of family law issues. Contact our team today at 866-323-7529 or fill out our online contact form to schedule an initial consultation with an experienced Georgia child custody attorney to discuss your child custody case.
Disclaimer: This page serves as a resource and is not to be taken as legal advice.
Frequently Asked Questions
Georgia courts will not allow a child to choose which parent to live with but will consider the child’s preference, among other factors. In some circumstances, mostly depending on the maturity of the child, a court may consider a child’s wishes if the child is over 11 years of age. However, regardless of what the child wants or what the parents want, the court is going to order custody and visitation that is in the best interest of the child.
If you and your spouse cannot reach a custody agreement, the court will decide for you. It will consider several factors, including domestic violence, neglect, psychological, emotional, and physical limitations, the stability of the environment at each parent’s home, and more.
No. The parents can agree on what they want as long as it is in the best interest of the children. However, if they cannot agree, the most common visitation rights include every other weekend and rotating holidays for the noncustodial parent. The court takes flexibility into account, so each case is based on the family’s circumstances.
The other parent can ask the court to enforce compliance with the custody order via a motion for contempt. If the court finds that the other parent continues to violate the custody order, the court can take several actions, including changing the custody order so that the other parent has primary custody.
Yes. Under certain circumstances, grandparents can ask for custody of their grandchildren. They must prove that custody is necessary for the child’s well-being and that it is in the child’s best interests, especially if the parents are unfit or unable to care for the children.
Written by Joseph E. Cordell
Joseph E. Cordell is the Principal Partner at Cordell and Cordell, P.C., which he founded in 1990 with his wife, Yvonne. Over the past 25 years, the firm has grown to include more than 100 offices in 30 states, as well as internationally in the United Kingdom. Mr. Cordell is licensed to practice in the states of Illinois and Missouri and received his LL.M. from Washington University in St. Louis, Missouri. Joseph E. Cordell was named one of the Top 10 Best Family Law Attorneys for Client Satisfaction in Missouri.
