Georgia Child Custody: Important Information for Divorcing Parents

Georgia Child Custody: Important Information for Divorcing Parents

Child custody during a Georgia divorce can be legally and emotionally challenging. To help sort through all of it, here is some essential information to be aware of so you can better understand the process and prepare for discussions with your divorce attorney.

Understanding Child Custody in Georgia

Child custody refers to the legal assignment of parental responsibilities and rights after a divorce. It determines which parent will provide the primary residence for the child and make important decisions about their upbringing. In Georgia, custody is divided into two main types:

• Physical Custody: This determines where the child lives on a day-to-day basis.
• Legal Custody: This involves the right to make decisions about the child’s education, healthcare, religion, and other significant aspects of their life.

Joint vs. Sole Custody

Georgia courts may award either joint or sole custody:

• Joint Custody: Both parents share decision-making responsibilities and often have shared physical custody arrangements.
• Sole Custody: One parent has primary responsibility for major decisions and the child’s primary residence.

It’s important to note that custody decisions can affect various aspects of your life, including tax deductions and child support payments.

Factors Considered in Custody Decisions

When determining custody arrangements, Georgia courts consider several factors, including:

• The age of the child
• Each parent’s ability to provide for the child’s needs
• The child’s relationship with each parent
• Any history of abuse, neglect, or domestic violence
• Substance abuse issues or other concerning behaviors

The court’s primary goal is to determine what is in the best interests of the child.

Custody Rights for Unmarried Parents

In Georgia, custody laws differ for unmarried parents. The birth mother automatically has sole custody, while the father must go through a legitimation process to pursue custody rights.

Child’s Right to Choose

In Georgia, children aged 14 and older have the right to choose which parent they want to live with, unless the court determines it’s not in their best interest. Children aged 11-13 can express their preference, which the court will consider but not necessarily follow.

Visitation and Time-Sharing

For non-custodial parents, visitation rights are typically granted. These can range from reasonable visitation schedules to more structured arrangements. In some cases, supervised visitation may be required to ensure the child’s safety and well-being.

Modifying Custody Arrangements

Life circumstances change, and custody arrangements may need to be modified. Georgia law allows for modifications, but generally not within two years of the original custody decision unless there are significant changes in circumstances.

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Navigating child custody during a Georgia divorce involves understanding legal terms, custody types, and court considerations, all aimed at serving the child’s best interests. You can learn more about joint versus sole custody, the role of unmarried parents, and other nuances of the Georgia legal system by visiting our website and/or subscribing to our YouTube channel.

Please note: The information provided on this website and within our blog posts and YouTube channel is intended solely for educational and informational purposes as a public service by the Georgia Civil Justice Foundation.

Legal issues can be complex and individualized. If you are seeking legal advice, please contact a licensed attorney in your jurisdiction who can provide legal guidance that suits your particular situation.