{"id":372715,"date":"2018-06-28T14:11:45","date_gmt":"2018-06-28T19:11:45","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/georgia-law\/georgia-child-visitation-laws.html"},"modified":"2025-05-19T14:30:59","modified_gmt":"2025-05-19T19:30:59","slug":"georgia-child-visitation-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/georgia-law\/georgia-child-visitation-laws.html","title":{"rendered":"Georgia Child Visitation Laws"},"content":{"rendered":"\n
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Georgia Child Visitation Laws<\/h1>\n
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\n By Olivia Wathne, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Child custody and visitation rights in Georgia prioritize the child’s best interests. The custody agreement also addresses visitation issues or "parenting time," the term that Georgia uses to refer to the time that a child spends with the non-custodial parent.<\/h5>\r\n

When parents with children separate or divorce, they must determine a child custody<\/a> arrangement. Custody encompasses legal custody, involving decision-making on education, healthcare, and religion, and physical custody, determining the child’s residence. Because visitation is a related issue, Georgia courts use the same legal standard that they use in a custody case. In Georgia, this is the "best interests of the child" test<\/a>.<\/p>\r\n

Acknowledgement of Legitimation<\/b><\/h2>\r\n

For married couples, a husband is the presumptive father. If the father isn’t married to the child’s mother<\/a>, he must establish paternity prior<\/a> to obtaining any visitation or custody rights. This is true even if he’s listed on the birth certificate.<\/p>\r\n

The father must go through the process of making the child legitimate either by signing a legitimation acknowledgment<\/i> or via a court action. During the legitimation process, the father can request custody, visitation, and\/or child support<\/a>.<\/p>\r\n

Custody and Visitation Rights in Georgia<\/b><\/h2>\r\n

In Georgia, custody and visitation rights are determined with the child’s best interests as the primary concern. The state recognizes two types of custody: legal and physical.<\/p>\r\n

Legal custody<\/a> involves decision-making authority regarding the child’s upbringing. This can include decisions about education, healthcare, and religion.<\/p>\r\n

Physical custody<\/a> pertains to where the child resides. Courts often favor joint legal custody to ensure both parents participate in major decisions about the child’s life. However, one parent may be granted primary physical custody. This means the child lives primarily with that parent, while the other parent has visitation rights. In some cases, joint physical custody is awarded, allowing the child to spend significant time with both parents.<\/p>\r\n

If parents cannot agree, the court’s custody decision will outline the custody of the child. Either sole custody or a shared arrangement will prioritize the child’s needs and well-being. This comprehensive approach ensures a stable, nurturing environment and supports strong parent-child relationships.<\/p>\r\n

Georgia Child Visitation Laws Overview<\/b><\/h2>\r\n

While it\u2019s important to know the actual language of a statute, it\u2019s often helpful to have an explanation of the statute in plain English. The chart below provides links to relevant statutes and a quick summary of the Georgia laws that relate to child visitation rights.<\/p>\r\n\r\n

Georgia Child Visitation Statutes<\/b><\/p>\r\n<\/th>\r\n

Parenting Plans<\/b><\/p>\r\n<\/th>\r\n

A visitation schedule <\/a>establishes when the child will spend time with the non-custodial parent. Georgia encourages parents to arrive at a mutual understanding. The agreement can be set forth in a parenting plan<\/a> as part of a final settlement if the parties are divorcing. It can also be set forth as a separate agreement for non-married parents. If the parties can’t agree, then the court will impose a specific visitation schedule.<\/p>\r\n<\/td>\r\n<\/tr>

Determining Visitation Rights<\/b><\/p>\r\n<\/th>\r\n

Unsupervised visits<\/i>: The non-custodial parent spends time with the child without the mandated presence of another person. Most cases fall into this category.<\/p>\r\n

Supervised visits<\/i>: The non-custodial parent spends time with the child in the presence of another person (another relative or third-party social service agency). If the non-custodial parent has committed one or more acts involving family violence, then the court may order supervised visitation.<\/p>\r\n

Alternatives to Supervised Visitations:<\/p>\r\n

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  • Child exchange in a protected setting<\/li>\r\n
  • The non-custodial parent must complete a certified family violence intervention program<\/li>\r\n
  • The non-custodial parent must abstain from alcohol and\/or drugs before and during visits<\/li>\r\n
  • Restricting visits to daytime<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Grandparent Visitation Rights<\/b><\/p>\r\n<\/th>\r\n

Georgia recognizes grandparent visitation rights<\/a>. Grandparents may request visitation by initiating proceedings or joining\/intervening as a party to an existing action.<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note:<\/b><\/i> State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\r\n

Georgia Child Visitation Laws: Related Resources<\/b><\/h2>\r\n