Child Custody in Georgia

State-specific overview · Family Law

Quick summary

Georgia courts apply a best-interests standard and may award joint or sole custody based on specific statutory factors.

How Georgia treats Child Custody

Georgia law requires courts to determine custody using a best-interests-of-the-child standard, considering factors such as which parent is more likely to allow the child contact with the other parent, the child's preference if mature enough, and each parent's mental and physical health. The state does not presume joint custody but permits it when both parents agree or when the court finds it serves the child's interests. Georgia courts also weigh the stability of each parent's home and the child's adjustment to school and community.

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The general definition of Child Custody

A court's decision about which parent has the right to care for and make decisions for a child.

Child custody refers to the legal authority to care for a child and make important decisions about their upbringing, including where they live, their education, and their medical care. Courts can award sole custody to one parent or joint custody to both parents. The court's primary concern is always the best interests of the child, considering factors like each parent's relationship with the child, stability, and the child's own preferences if they're old enough. Custody is separate from visitation rights, which allow a non-custodial parent to spend time with the child.

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This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Georgia.