By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed December 26, 2022
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Determining child custody is often a contentious issue. All states, except Massachusetts, have adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which is intended to minimize interstate child custody conflicts. Georgia adopted UCCJEA in 2001. Georgia courts recognize legal custody and physical custody. Legal custody refers to the right of a parent or guardian to make major life decisions, such as schooling and religious upbringing. Physical custody refers to the decision of which parent or guardian the child lives with. As in other states, either one (sole custody) or both (joint custody) parents may have legal and/or physical custody.
For example, a joint legal custody arrangement allows both parents to make major life decisions on behalf of the child. In a sole physical custody arrangement, the child lives with one parent full-time, even if the non-custodial parent has visitation rights or shares in the legal custody arrangement.
This article provides a general overview of child custody laws in the state of Georgia.
Georgia child custody laws stipulate that children 14 and older may choose which parent to live with, but the judge may overrule this decision if they determine the child's decision is not in their best interests. A parenting plan generally recognizes the following:
Parenting plans also identify how children will spend birthdays and other holidays, transportation arrangements, when supervision is required, and other considerations.
Learn more about Georgia child custody laws in the table below, along with links to related articles and resources. See FindLaw's Child Custody section for additional information.
Code Section |
§ 19-9-1 et seq. of the Georgia Code |
|---|---|
Year Uniform Child Custody Jurisdiction and Enforcement Act Adopted |
2001 |
Joint Custody an Option? |
Yes, § 19-9-3(a)(5) |
Grandparent Visitation Rights Recognized? |
Yes, § 19-7-3 |
Child's Own Wishes Considered? |
Yes |
Note: 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.
If you and your child's other parent are separating, you might not agree on who gets custody of your child or what the custody arrangement should look like. There are many other factors to consider in these determinations, but the court's primary concern is the child's best interest. One of the best ways to get a handle on the process is to seek guidance from an experienced family law attorney.
Contact a qualified attorney.
Get tailored advice and ask a lawyer questions. Many attorneys offer free consultations.