Georgia Child Custody Laws

By Olivia Wathne, Esq. | Legally reviewed by Jordan Walker, J.D. | Last reviewed March 26, 2025

Georgia child custody laws focus on the best interests of the child, considering factors like the child’s relationship with each parent, home environment, and health. Custody types include legal custody, which involves making major decisions for the child, and physical custody, which is where the minor child resides, with options for joint or sole custody arrangements. The custody process starts with a court petition, often followed by mediation. If mediation fails, a judge makes the final decision based on the child's needs, factoring in the parent’s involvement in the child’s upbringing, the parent’s ability, adjustment, and any domestic issues before issuing a court order to establish parental rights and custody rights.

All states, except Massachusetts, have adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The UCCJEA is intended to minimize interstate child custody conflicts. Georgia adopted the UCCJEA in 2001.

This article provides a general overview of child custody laws in the state of Georgia.

Types of Custody in Georgia

Georgia courts recognize legal custody and physical custody of a child. Legal custody refers to the right of a parent or guardian to make major life decisions about the child’s life, such as the child’s education, extracurricular activities, and religious upbringing. Joint legal custody enables both parents to share in decision-making authority. Physical custody refers to the decision of which parent or guardian the child lives with. Georgia courts may award either primary physical custody or sole physical custody, where the child lives predominantly in one parent’s home, or joint physical custody, where the child spends substantial time with both parents. Types of child custody arrangements vary. Some cases involve sole custody, granting one parent both legal and physical custody. Others entail joint custody, where both parents share in decision-making responsibilities and parenting time. Establishing a parenting plan is crucial in custody determinations, outlining the specifics of custody, visitation schedules, and parental responsibilities to ensure the child's well-being and stability.

Child Custody Laws: At a Glance

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.

Child Custody Case Process in Georgia

In Georgia, the child custody case process typically begins with one parent filing a petition with the appropriate court. This petition outlines the desired custody arrangements and initiates legal proceedings. Subsequently, both parents are required to attend mediation sessions to attempt to reach an agreement regarding custody and visitation. If an agreement is reached, it is submitted to the court for approval, becoming part of the final custody order. However, if mediation fails, the case proceeds to a court hearing where a judge makes custody decisions based on the best interests of the child. Factors considered include each parent's relationship with the child, the child's adjustment to their home environment, and any history of domestic violence or substance abuse. Family violence can affect child custody orders because judges prioritize the safety of the child and may limit the visitation rights of an abusive parent.

After the hearing, the court issues a final custody order outlining the custody arrangement and parental responsibilities. In Georgia, sometimes a custody evaluator is appointed in custody cases to assess the family situation and provide recommendations regarding custody. This is typically a professional, like a psychologist or social worker, who conducts interviews, observes, and reviews relevant documents to help the court determine the best interests of the child.

Down the road, parents can request a custody modification by filing a petition with the court demonstrating that a material change in circumstances has occurred since the original custody order and that the modification would be in the best interest of the child.

Research the Law

Georgia Law
Official State Codes -- Links to the official online statutes (laws) in all 50 states and D.C.