Child Custody in Georgia: What Everyone Should Know

What is Child Custody in Georgia?

Child custody in Georgia is one of the most emotional areas of law because it involves a parent's ability to spend time with his or her child. A court may determine how custody is awarded and managed for children whose parents are divorced or separated. The primary consideration a court uses for determining child custody is the best interests of the child.  

Simply reading the law (O.C.G.A. § 19-9-3, et seq.) will not shed much light at all on the subject, so we wanted to take a deep dive into the important, emotional, and complex issue of child custody.

In short, we wanted this article to highlight both general and specific issues regarding Georgia child custody, questions we help our clients with every day.

Here's what everyone should know about child custody in Georgia:

1. Types of Custody: In Georgia, custody can be divided into legal custody and physical custody. Legal custody refers to the right to make important decisions about the child's upbringing, such as those related to education, healthcare, and religion. Physical custody refers to where the child primarily resides.
2. Best Interests of the Child: The primary consideration in determining custody arrangements in Georgia is the best interests of the child. Courts consider various factors, including the child's relationship with each parent, each parent's ability to provide for the child's needs, the child's adjustment to home, school, and community, and any history of domestic violence or substance abuse.
3. Types of Custody Arrangements: Georgia recognizes both sole and joint custody arrangements. Sole custody may be awarded to one parent if it is determined to be in the child's best interests. Joint custody may involve joint legal custody, joint physical custody, or both.
4. Parenting Plans: In Georgia, parents are required to submit a parenting plan outlining custody and visitation arrangements. The parenting plan should address how major decisions will be made, as well as the child's visitation schedule with each parent.
5. Mediation: Courts in Georgia may require parents to attend mediation to attempt to reach an agreement on custody and visitation issues outside of court. Mediation can help parents work together to create a parenting plan that is in the best interests of the child.
6. Modification of Custody Orders: Custody orders may be modified if there is a substantial change in circumstances or if it is in the child's best interests. This could include changes in the parents' living situations, the child's needs, or other relevant factors.
7. Domestic Violence: Courts consider allegations of domestic violence when determining custody arrangements. If there is a history of domestic violence, the court may take steps to ensure the safety of the child and the parent who is the victim of abuse.
8. Enforcement of Custody Orders: If one parent violates a custody order, the other parent can seek enforcement through the court. Remedies may include make-up visitation time, sanctions against the violating parent, or modification of the custody order.
9. Legal Representation: It's important for parents dealing with custody issues to seek legal representation. An experienced family law attorney can help protect their rights and advocate for the best interests of the child.

Understanding these key aspects of child custody in Georgia can help parents navigate the process and work towards arrangements that are in the best interests of their children.

Legal and Physical custody

In Georgia, custody is divided into two main types: legal custody and physical custody. Here's what you need to know about each:

1. Legal Custody:

• • Definition: Legal custody refers to the right and responsibility to make major decisions about a child's upbringing, including matters related to education, healthcare, religion, and general welfare.
  • Decision-Making Authority: A parent with legal custody has the authority to make important decisions on behalf of the child. This may include decisions about which school the child attends, medical treatments, religious upbringing, and other significant aspects of the child's life.
  • Types of Legal Custody: Legal custody can be awarded as either sole or joint.
• • • Sole Legal Custody: One parent has exclusive decision-making authority, and the other parent may or may not have input into major decisions.
    • Joint Legal Custody: Both parents share decision-making authority and are expected to collaborate and communicate regarding major decisions affecting the child.

2. Physical Custody:

• • Definition: Physical custody refers to where the child resides on a day-to-day basis and who is responsible for the child's daily care and supervision.
  • Residential Custody: The parent with physical custody, also known as the residential or custodial parent, is the one with whom the child primarily resides.
  • Visitation: The non-custodial parent typically has visitation rights or parenting time, which may be outlined in a parenting plan or custody order. Visitation schedules can vary widely based on the circumstances of the family and the best interests of the child.
  • Types of Physical Custody:
• • • Sole Physical Custody: The child resides primarily with one parent, and the other parent may have visitation rights.
    • Joint Physical Custody: The child spends significant time living with both parents, and they share physical custody. This does not necessarily mean a 50/50 split of time but rather a schedule that allows the child to have substantial and frequent contact with both parents.

In Georgia, custody decisions are made based on the best interests of the child, taking into account various factors such as the child's relationship with each parent, the parents' ability to provide for the child's needs, the child's adjustment to home, school, and community, and any history of domestic violence or substance abuse. Parents are encouraged to work together to create custody arrangements that promote the child's well-being and ensure a meaningful relationship with both parents when appropriate.

Best Interests of the Child in Georgia

In Georgia, as in many other jurisdictions, the best interests of the child are the primary consideration in matters involving custody, visitation, and other decisions regarding children. The courts use a variety of factors to determine what arrangements are in the child's best interests. These factors are outlined in Georgia law and include:

1. Relationship with Parents: The court considers the bond between the child and each parent and the ability of each parent to provide love, guidance, and emotional support.
2. Continuity and Stability: Maintaining stability and continuity in the child's life is important. The court may consider which parent has been the primary caregiver and the child's adjustment to their home, school, and community.
3. Parenting Skills: The court assesses each parent's ability to meet the child's physical and emotional needs, including providing food, shelter, clothing, medical care, and nurturing.
4. Mental and Physical Health: The mental and physical health of each parent is evaluated, as well as any history of substance abuse, domestic violence, or criminal activity.
5. Child's Wishes: Depending on the child's age and maturity, the court may consider the child's preferences regarding custody and visitation arrangements. However, the child's wishes are not determinative and must be balanced with other factors.
6. Co-Parenting Ability: The court looks at each parent's willingness and ability to foster a positive relationship between the child and the other parent, as well as their ability to communicate and cooperate regarding the child's upbringing.
7. Safety and Protection: The safety and protection of the child are paramount. The court considers any history of domestic violence or child abuse when making custody determinations.
8. Sibling Relationships: Maintaining sibling relationships is important when determining custody arrangements, and the court may consider the impact of separating siblings.
9. Education and Extracurricular Activities: The court may consider which parent is better able to facilitate the child's education and participation in extracurricular activities.
10. Religious and Cultural Considerations: The court takes into account the religious and cultural background of the child and may consider which parent is better able to support the child's religious and cultural upbringing.

Sole and Joint Custody

Sole and joint custody are two different arrangements regarding the legal and physical care of a child. Here's an overview of each:

1. Sole Custody:

• • Legal Sole Custody: In a sole legal custody arrangement, one parent has the exclusive right and responsibility to make major decisions regarding the child's upbringing, including matters related to education, healthcare, and religion. The parent with sole legal custody doesn't necessarily have sole physical custody; the other parent may still have visitation rights.
  • Physical Sole Custody: With physical sole custody, the child resides primarily with one parent, and that parent is responsible for the day-to-day care and supervision of the child. The non-custodial parent typically has visitation rights, which may be supervised or unsupervised depending on the circumstances.

2. Joint Custody:

• • Joint Legal Custody: In joint legal custody, both parents share the responsibility for making major decisions regarding the child's upbringing. This includes decisions about education, healthcare, religion, and other significant aspects of the child's life. Even though both parents have a say in these decisions, they may not necessarily have equal parenting time.
  • Joint Physical Custody: Joint physical custody involves the child spending significant time living with both parents. This arrangement aims to ensure that the child maintains frequent and ongoing contact with both parents. Joint physical custody doesn't necessarily mean a 50/50 split of parenting time; the specific schedule can vary based on the needs of the child and the circumstances of the parents.

It's important to note that custody arrangements can be tailored to fit the unique circumstances of each family. In some cases, parents may have sole legal custody but share physical custody, or vice versa. Additionally, the terms of custody, including visitation schedules and decision-making authority, can be outlined in a parenting plan agreed upon by the parents or determined by the court.

Ultimately, the goal of any custody arrangement, whether sole or joint, is to ensure the child's best interests are prioritized and that the child has a stable, loving, and nurturing environment in which to grow and thrive.

Parenting Plans in Georgia

In Georgia, a parenting plan is a document that outlines the custody and visitation arrangements for minor children when parents are divorced, separated, or unmarried. Parenting plans are required in all cases involving custody disputes and are intended to promote the best interests of the child by providing a framework for co-parenting. Here's what you need to know about parenting plans in Georgia:

1. Legal Requirement: Georgia law mandates that parents submit a parenting plan when seeking a divorce, legal separation, or modification of custody. Even if parents agree on custody arrangements, they must still file a parenting plan with the court.
2. Contents of a Parenting Plan: A parenting plan typically includes details such as:

• • Custody arrangements: Specify whether custody is sole or joint (both legal and physical).
  • Visitation schedule: Outline when the child will spend time with each parent, including weekdays, weekends, holidays, and school breaks.
  • Decision-making authority: Specify which parent(s) have the authority to make major decisions regarding the child's upbringing, such as education, healthcare, and religious upbringing.
  • Communication: Establish guidelines for communication between parents regarding the child's welfare, including methods of communication and frequency of updates.
  • Dispute resolution: Include provisions for resolving disagreements or disputes that may arise between the parents regarding the parenting plan.
  • Relocation: Address how potential relocations by either parent will be handled, including notice requirements and modifications to the parenting plan.
  • Any other relevant provisions: Parents may include additional provisions addressing specific concerns or circumstances unique to their situation.

3. Submitting the Parenting Plan: The parenting plan must be submitted to the court for approval. If parents cannot agree on a parenting plan, they may attend mediation to help resolve disputes and develop a plan that meets the child's best interests. If mediation is unsuccessful, the court will intervene and issue a parenting plan based on the evidence and testimony presented.
4. Modification of the Parenting Plan: Parenting plans are not set in stone and can be modified if there is a substantial change in circumstances or if it is in the child's best interests. However, any modifications must be approved by the court.
5. Enforcement of the Parenting Plan: Once approved by the court, the parenting plan becomes a legally binding document. Violations of the parenting plan can result in legal consequences, including contempt of court charges.

Parenting plans in Georgia play a crucial role in establishing clear and workable arrangements for co-parenting after a separation or divorce. By addressing key aspects of custody and visitation, parenting plans help ensure that the needs and best interests of the child are prioritized while also providing guidance for parents navigating the challenges of co-parenting.

Mediation

In Georgia, mediation is often used as a method to resolve child custody disputes outside of the courtroom. Here's what you need to know about mediation for child custody matters in Georgia:

1. Purpose of Mediation: The primary goal of mediation is to help parents reach agreements on custody and visitation arrangements without the need for litigation. Mediation encourages open communication, cooperation, and compromise between parents, ultimately focusing on the best interests of the child.
2. Voluntary Participation: In Georgia, participation in mediation is typically voluntary, meaning both parents must agree to participate. However, in some cases, the court may order mediation as part of the custody proceedings.
3. Mediation Process: During mediation, parents work with a neutral third-party mediator who facilitates discussions and helps them identify and address issues related to custody and visitation. The mediator does not make decisions for the parents but instead assists them in reaching their own agreements.
4. Confidentiality: Mediation sessions are confidential, meaning that discussions and agreements made during mediation cannot be used as evidence in court if mediation is unsuccessful and the case proceeds to litigation.
5. Mediator Qualifications: Mediators in Georgia are typically trained professionals with experience in family law and mediation techniques. They are neutral and impartial facilitators whose role is to assist parents in reaching mutually acceptable solutions.
6. Benefits of Mediation: Mediation offers several potential benefits for parents and children, including:

• • Greater control and input: Parents have more control over the outcome of their custody arrangements compared to court-imposed decisions.
  • Reduced conflict: Mediation can help reduce conflict and improve communication between parents, which can benefit the children involved.
  • Cost-effective: Mediation is often less expensive than litigating custody disputes in court.
  • Faster resolution: Mediation can lead to quicker resolution of custody disputes compared to court proceedings.

7. Court Approval: If parents reach agreements on custody and visitation during mediation, the mediator may help them draft a parenting plan outlining the terms of their agreement. Once approved by the court, the parenting plan becomes a legally binding document.
8. When Mediation May Not Be Appropriate: Mediation may not be appropriate in cases involving domestic violence, child abuse, or other situations where there is a significant power imbalance between the parties. In such cases, the safety and well-being of the parties and children are paramount, and alternative dispute resolution methods may be pursued.

Overall, mediation can be an effective and efficient way for parents to resolve child custody disputes in Georgia, promoting cooperation and collaboration while prioritizing the best interests of the children involved.

Modification of Custody Orders

In Georgia, custody orders can be modified if there has been a substantial change in circumstances since the entry of the original custody order, or if it is in the best interests of the child to modify the existing custody arrangement. Here's what you need to know about the modification of custody orders in Georgia:

1. Substantial Change in Circumstances: To seek a modification of a custody order in Georgia, there must be a substantial change in circumstances that affects the child's welfare. This could include changes in the living arrangements of one or both parents, the child's needs, the parents' work schedules, or any other significant factors that impact the child's well-being.
2. Burden of Proof: The parent seeking the modification has the burden of proving that there has been a substantial change in circumstances warranting a modification of custody. This may involve presenting evidence and testimony to support the requested modification.
3. Best Interests of the Child: The court's primary consideration in custody modification cases is the best interests of the child. Even if there has been a substantial change in circumstances, the court will only modify the custody order if it determines that the proposed modification is in the child's best interests.
4. Types of Modification: Custody orders in Georgia can be modified to change both legal custody (decision-making authority) and physical custody (where the child resides). Modifications can involve changing from sole custody to joint custody, modifying visitation schedules, or adjusting decision-making authority.
5. Mediation and Settlement: Before seeking a modification of a custody order through the court, parents may be required to attempt mediation to resolve their differences and reach a mutual agreement regarding custody. If mediation is successful, the parties can submit a modified parenting plan to the court for approval.
6. Court Approval: If the parents cannot reach an agreement on custody modification through mediation, the parent seeking the modification must file a petition with the court. The court will then schedule a hearing to consider the request and determine whether a modification is warranted based on the evidence presented.
7. Factors Considered by the Court: In deciding whether to modify a custody order, the court considers various factors, including the child's relationship with each parent, the child's adjustment to their home, school, and community, any history of domestic violence or substance abuse, and any other relevant factors affecting the child's welfare.
8. Legal Representation: It's important for parents involved in custody modification proceedings to seek legal representation. An experienced family law attorney can help navigate the legal process, advocate for the best interests of the child, and present a compelling case for or against the modification.

Understanding these key points about the modification of custody orders in Georgia can help parents navigate the process effectively and protect the interests of their children.

Domestic Violence and Child Custody Orders

Domestic violence can have significant implications for child custody orders in Georgia. Here's what you need to know about how domestic violence can impact child custody proceedings:

1. Primary Concern: The safety and well-being of the child are paramount considerations in child custody cases involving domestic violence. Courts in Georgia take allegations or evidence of domestic violence very seriously and prioritize protecting the child from harm.
2. Presumption Against Perpetrators: Georgia law establishes a presumption against awarding custody to a parent who has a history of perpetrating domestic violence. This means that a parent's history of domestic violence can weigh heavily against them in custody proceedings.
3. Definition of Domestic Violence: Domestic violence encompasses a range of behaviors, including physical violence, threats, intimidation, emotional abuse, and controlling behaviors. It can occur between current or former spouses, intimate partners, or household members.
4. Impact on Custody Determination: Evidence of domestic violence may impact custody determinations in various ways:

• • Sole Custody: If a parent has a history of perpetrating domestic violence, the court may be inclined to award sole custody to the other parent to ensure the child's safety.
  • Supervised Visitation: In cases where there is evidence of domestic violence but the court believes it is in the child's best interests to have contact with the abusive parent, visitation may be ordered on a supervised basis, with a third party present to ensure the child's safety.
  • Restraining Orders: The court may issue protective orders or restraining orders to protect the child and the non-abusive parent from further harm.

5. Consideration of Evidence: Courts consider various forms of evidence when determining the presence and impact of domestic violence, including police reports, medical records, witness testimony, and any documentation of protective orders or restraining orders.
6. Child's Best Interests: Ultimately, the court's primary concern is the best interests of the child. While the presence of domestic violence may influence custody decisions, the court will consider all relevant factors, including the child's relationship with each parent, the child's wishes (if appropriate), and any efforts the abusive parent has made to address their behavior.
7. Legal Representation: It's essential for parents involved in custody proceedings where domestic violence is a factor to seek legal representation. An experienced family law attorney can help advocate for the safety and well-being of the child and ensure that the court fully considers the impact of domestic violence on custody decisions.

In summary, domestic violence can have serious implications for child custody orders in Georgia, with the court prioritizing the safety and best interests of the child above all else.

Enforcement of Custody Orders

Enforcement of custody orders in Georgia is crucial for ensuring that both parents adhere to the terms set forth in the court-ordered parenting plan. Here's what you should know about the enforcement of custody orders in Georgia:

1. Legal Obligation: Custody orders issued by the court are legally binding, and both parents are obligated to comply with the terms outlined in the parenting plan. This includes provisions regarding custody, visitation schedules, and decision-making authority.
2. Violation of Custody Orders: If one parent violates the terms of the custody order by denying the other parent visitation rights or refusing to follow the agreed-upon schedule, the aggrieved parent has the right to seek enforcement through the court.
3. Contempt of Court: A parent who knowingly and willfully violates a custody order may be held in contempt of court. Contempt of court can result in various penalties, including fines, attorney's fees, and even imprisonment in extreme cases.
4. Enforcement Remedies: There are several enforcement remedies available to parents whose custody orders have been violated, including:

• • Make-up Visitation: The court may order the parent who violated the custody order to provide make-up visitation time to compensate for missed visits.
  • Compensatory Damages: The court may order the offending parent to pay compensatory damages to the other parent to make up for any financial losses or expenses incurred as a result of the violation.
  • Modification of Custody: In cases of repeated or egregious violations, the court may consider modifying the custody order to better ensure compliance and protect the child's best interests.
  • Civil Contempt: The court may hold the violating parent in civil contempt and impose fines, attorney's fees, or other sanctions as necessary to compel compliance with the custody order.
  • Criminal Charges: In extreme cases of persistent or serious violations, the offending parent may face criminal charges for contempt of court, which can result in fines, probation, or even imprisonment.

5. Documentation and Evidence: To pursue enforcement of a custody order, it's important for the aggrieved parent to gather documentation and evidence of the violations, such as communication records, witness statements, and any other relevant documentation that demonstrates the non-compliance.
6. Legal Representation: Seeking enforcement of custody orders may require legal representation. An experienced family law attorney can help guide you through the enforcement process, advocate for your rights, and ensure that the court takes appropriate action to address the violations.

Overall, enforcement of custody orders in Georgia is essential for protecting the rights of both parents and promoting the best interests of the child. By holding parents accountable for adhering to custody orders, the court helps ensure that children have consistent and meaningful relationships with both parents.

The Sherman Law Group

In conclusion, navigating the complexities of child custody matters requires a blend of legal expertise, empathy, and strategic planning. At the Sherman Law Group, as Georgia child custody lawyers, we understand the emotional toll these cases can take on families and are committed to providing compassionate guidance and vigorous advocacy to protect the best interests of the child.

Our team is dedicated to empowering our clients with the knowledge and support they need to make informed decisions and secure favorable outcomes. Whether through negotiation or litigation, we stand ready to stand by our clients every step of the way, ensuring that their parental rights are upheld and their children's well-being remains paramount.

If you're facing child custody issues in Georgia, we're here to help you navigate the legal landscape with confidence and compassion. Attorneys Valerie Sherman and Bill Sherman and the entire team are here to help you!