Parenting Plans and Custody Schedules in Georgia: A Complete Guide

Parenting Plans and Custody Schedules in Georgia: A Complete Guide

In every Georgia custody case, the court requires a detailed parenting plan that outlines how parents will share time with and make decisions for their children. Under O.C.G.A. § 19-9-1, Georgia courts must determine custody arrangements based on the best interest of the child. A well-crafted parenting plan is essential to protecting your relationship with your children.

What Is a Parenting Plan?

A parenting plan is a legally binding document that establishes the terms of child custody and visitation between parents. Georgia law (O.C.G.A. § 19-9-1(a)) requires that every final custody order include a parenting plan addressing physical custody schedules, legal custody (decision-making authority), holiday and vacation time, communication between the child and each parent, and procedures for resolving future disputes.

Types of Custody in Georgia

Physical custody determines where the child primarily lives. Georgia recognizes both sole physical custody (child lives primarily with one parent) and joint physical custody (child splits time between both homes).

Legal custody determines who makes major decisions about the child's education, healthcare, religious upbringing, and extracurricular activities. Joint legal custody is common in Georgia, meaning both parents share decision-making authority.

Common Custody Schedule Arrangements

Every other weekend: The noncustodial parent has the child every other Friday evening through Sunday evening, plus one weeknight dinner visit. This is the most traditional arrangement.

Week on/week off (50/50): The child alternates weeks between each parent's home. Courts increasingly favor this arrangement when both parents live nearby and can maintain stability.

2-2-3 schedule: The child spends 2 days with Parent A, 2 days with Parent B, then 3 days with Parent A, alternating the following week. This ensures frequent contact with both parents.

Long-distance schedules: When parents live far apart, the child typically resides primarily with one parent during the school year and spends extended time (summers, school breaks) with the other parent.

Holiday and Vacation Provisions

Georgia parenting plans should specifically address major holidays including Thanksgiving, Christmas/winter break, spring break, summer vacation, Mother's Day, Father's Day, each parent's birthday, and the child's birthday. Most plans alternate holidays on odd/even years.

Factors Courts Consider

Under O.C.G.A. § 19-9-3(a)(3), Georgia courts consider numerous factors when approving parenting plans, including each parent's involvement in the child's life, the child's adjustment to home, school, and community, the mental and physical health of all parties, evidence of domestic violence or substance abuse, and the child's own wishes (if age 14 or older, children in Georgia can elect which parent to live with, subject to court approval under O.C.G.A. § 19-9-3(a)(5)).

Modifying a Parenting Plan

Parenting plans can be modified when there has been a material change in circumstances affecting the child's welfare. Common reasons include relocation of a parent, changes in the child's needs, a parent's failure to follow the existing plan, or changes in work schedules. The burden of proof falls on the parent requesting modification under O.C.G.A. § 19-9-3(b).

How J. Lee & Associates Can Help

Our family law team has extensive experience drafting and negotiating parenting plans that protect our clients' parental rights while serving the best interests of their children. We understand the nuances of Georgia custody law and can help you create a plan that works for your family.

Schedule a confidential consultation today: (770) 609-9396