JLA Law Group

Child Custody in Georgia: Your Family, Your Rights

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Child custody in Georgia is divided into two distinct categories under O.C.G.A. § 19-9-1: legal custody and physical custody. Legal custody refers to the right to make important decisions about the child's life, including education, medical care, and religious upbringing. Physical custody determines with whom the child physically resides. Both types can be granted jointly to both parents or solely to one parent.

When determining custody, the Gwinnett County court evaluates numerous factors listed in O.C.G.A. § 19-9-3(a)(3), including: the emotional bond between the child and each parent, each parent's ability to meet the child's needs, any history of domestic violence, the child's adjustment to home, school, and community, and the mental and physical health of each party. In Georgia, when a child is 14 years of age or older, they may express a preference about which parent they wish to live with, and that preference carries significant weight.

Once a custody order is established, it may be modified in the future if there is a substantial change in circumstances under O.C.G.A. § 19-9-3(b). Examples include a significant relocation by one parent, a change in the child's circumstances, or conduct that endangers the child's well-being. Our attorneys in Norcross will help you develop a strong parenting plan that protects your relationship with your children.

Steps You Should Take

1

Call Today to Protect Your Children

Call (770) 609-9396 for a confidential consultation. We explain your custody rights in Georgia and how to protect your relationship with your children. We speak Spanish.

2

Document Everything

Begin keeping records of all interactions with the other parent, including text messages, emails, and any relevant incidents. Document your daily involvement in your child's life.

3

Parenting Plan Preparation

Work with your attorney to draft a detailed and realistic parenting plan covering the weekly schedule, vacations, holidays, communication, and medical and educational decisions.

4

Filing in Gwinnett County Superior Court

Your attorney will file the custody petition in the Superior Court of Gwinnett County. We will represent you at all hearings to achieve the best possible outcome for your family.

Frequently Asked Questions

What does 'best interest of the child' mean in Georgia?
The best interest of the child standard under O.C.G.A. § 19-9-3 is the court's primary guide. The judge evaluates more than fifteen specific factors, including the bond between the child and each parent, home stability, history of abuse, parental capacity, and the child's own preferences if he or she is old enough.
Can a father obtain custody in Georgia?
Yes. Georgia does not automatically favor the mother over the father. State law prohibits discrimination based on the sex of the parent when determining custody under O.C.G.A. § 19-9-3(a)(1). Fathers who demonstrate greater involvement in the child's daily life have a strong position to obtain custody.
What is a parenting plan, and is it mandatory?
Yes, it is mandatory in all custody cases in Georgia under O.C.G.A. § 19-9-1(b). The parenting plan establishes the visitation schedule, how joint decisions will be made, arrangements for holidays and vacations, rules for communication, and procedures for resolving future disputes.
What happens if the other parent does not comply with the custody order?
Violation of a custody order is considered contempt of court under O.C.G.A. § 19-9-94. The affected parent can file a contempt motion with the court. Sanctions may include fines, modification of custody, or even jail time.
Can a grandparent obtain visitation rights in Georgia?
Under O.C.G.A. § 19-7-3, grandparents may petition for visitation rights under certain circumstances, such as when the parents are divorced, when one parent has passed away, or when the child has lived with the grandparents for a year or more.

Applicable Laws

O.C.G.A. § 19-9-1Definition of legal and physical custody; parenting plan requirement in all custody cases.
O.C.G.A. § 19-9-3Best interest of the child standard; factors the court considers when determining custody.
O.C.G.A. § 19-9-3(b)Modification of existing custody orders upon a substantial change in circumstances.
O.C.G.A. § 19-9-94Contempt of court for violation of custody or visitation orders.

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Case Evaluation

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Norcross, GA 30093

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