Submitted by B.J. Abbott on
In Georgia, child custody is determined based on the best interests of the child and falls into two main categories:
- Legal Custody – The right to make major decisions about the child’s life.
- Physical Custody – Where the child primarily lives.
Both types of custody can be sole or joint, depending on the circumstances.
1. Legal Custody
Legal custody determines who makes important decisions for the child regarding:
✔ Education (school choice, tutoring)
✔ Medical care (doctors, surgeries, treatments)
✔ Religion (church, temple, or mosque participation)
✔ Extracurricular activities (sports, clubs)
Types of Legal Custody
Joint Legal Custody – Both parents share decision-making responsibilities. However, a judge may give one parent final decision-making authority in certain areas.
Sole Legal Custody – One parent has the exclusive right to make major decisions for the child. This is rare and usually granted if one parent is unfit (e.g., due to abuse or neglect).
2. Physical Custody
Physical custody determines where the child lives and how parenting time is divided.
Types of Physical Custody
- Joint Physical Custody – The child spends substantial time with both parents. This does not always mean a 50/50 split, but both parents have significant parenting time.
- Primary Physical Custody – One parent is the child’s primary caretaker, while the other parent gets visitation rights.
- Sole Physical Custody – The child lives with one parent full-time, and the other parent may have limited or supervised visitation (often granted if one parent is unfit).
3. Visitation (Parenting Time)
If one parent is granted primary physical custody, the other parent is usually granted visitation rights unless deemed unfit.
- Standard Visitation – The non-custodial parent gets regular visits (e.g., every other weekend, holidays).
- Supervised Visitation – Visits occur only under the supervision of a third party (used if the non-custodial parent has a history of abuse, addiction, or instability).
- No Visitation – The court may deny visitation entirely if the parent is a danger to the child.
4. How Georgia Courts Determine Custody
Georgia courts consider several factors when awarding custody, including:
✔ Each parent’s ability to provide for the child
✔ Emotional bond between the child and each parent
✔ Stability of each parent’s home
✔ Any history of abuse, neglect, or domestic violence
✔ Each parent’s willingness to co-parent
✔ The child’s preference (if they are 14 or older)
5. Can Custody Arrangements Be Modified?
Yes, custody can be modified if there is a substantial change in circumstances (e.g., relocation, a parent becoming unfit, a child’s needs changing).
Key Takeaways
✅ Georgia has legal custody (decision-making) and physical custody (living arrangements).
✅ Custody can be joint or sole, depending on the child’s best interests.
✅ Courts prioritize stability, safety, and each parent’s ability to care for the child.
✅ Custody can be modified if circumstances change.
