Custody decisions in Georgia turn on the best interests of the child — a standard with seventeen statutory factors and a great deal of judicial discretion.
Legal and physical custody
Legal custody governs decision-making about schooling, healthcare, and religion. Physical custody governs where the child lives. They are decided separately, and joint legal custody with primary physical custody to one parent is a common outcome.
Parenting plans
Georgia requires a written parenting plan. A good plan is specific enough to prevent argument — holidays, transportation, school breaks — without being so rigid that ordinary life becomes a violation.
Modifications
Custody can be modified when there has been a material change in circumstances affecting the child. A relocation or a change in a child's needs can qualify; dissatisfaction with the existing order does not.
Relocation
Moving a significant distance with a child almost always requires either consent or a court order. Relocation cases are among the most contested matters in family law and should not be handled informally.
Common questions
At what age can a child choose?
In Georgia a child aged fourteen or older may elect which parent to live with, though a court can override that election if it is not in the child's best interest. Younger children's preferences may be considered with less weight.
Does the mother have an advantage?
No. Georgia law contains no maternal preference. Courts look at the caregiving history and the statutory factors.
Can I stop visitation if support is unpaid?
No. Support and parenting time are separate obligations, and withholding visitation over unpaid support creates problems for the withholding parent.