Child custody in Georgia

Child custody in Georgia is one of the most sensitive issues when a couple goes through a divorce or separation. Understanding how child custody works is key to making informed decisions and protecting both your rights and your children’s well-being.
In this article, we explain everything you need to know about child custody in Georgia: the different types, the factors judges consider, how agreements can be modified, and what to do if custody orders are not followed.

What is child custody in Georgia?

Child custody refers to the set of legal rights and responsibilities that parents have over their minor children. In Georgia, there are two main forms:

• Legal custody: who makes important decisions (education, healthcare, religion).
• Physical custody: who the child lives with.

Child custody can be granted to one parent or shared between both, depending on the case and what the judge considers to be in the best interest of the child.

Types of Child Custody in Georgia

Courts in Georgia recognize the following combinations of child custody:

• Sole legal custody: only one parent makes important decisions.
• Joint legal custody: both parents make decisions together.
• Sole physical custody: the child lives with one parent.
• Joint physical custody: the child spends significant time with both parents.

The choice of child custody type depends on several factors, all of which are centered on the best interest of the child.

How does a judge decide which parent gets custody?

If the parents cannot reach an agreement, the court must step in. To determine child custody, the judge considers:

• The child’s relationship with each parent.
• The stability of each home.
• Each parent’s ability to care for the child.
• History of violence or neglect.
• Each parent’s willingness to cooperate.
• The child’s preference (if they are 14 years old or older).

In all cases, the goal is to ensure the child’s physical, emotional, and mental well-being.

Factors Georgia considers when awarding custody.

When it comes to establishing or modifying child custody, the most common factors judges evaluate are:

• The emotional bond between each parent and the child.
• The conditions of the home environment.
• Each parent’s financial ability.
• Physical and mental health.
• Willingness to encourage the child’s relationship with the other parent.

Can child custody be modified in Georgia?

Yes. Child custody is not permanent. If there are significant changes such as relocation, new marriages, job loss, or changes in the child’s behavior, a custody modification can be requested from the judge.

The petitioner must show that the change is substantial and in the best interest of the child. The state of Georgia allows these types of adjustments as long as they are reasonable.

What happens if one parent does not comply with the child custody order in Georgia?

Failure to comply with a child custody agreement can lead to legal consequences. If one parent prevents visitation, changes the child’s school without consent, or violates the agreement, the other parent can file a motion for contempt.

Courts in Georgia may:

• Impose penalties.
• Order immediate compliance.
• Modify the existing agreement.

FREQUENTLY ASKED QUESTIONS

Can the child decide who to live with? When determining child custody in Georgia

In Georgia, if the child is 14 years old or older, they may express their preference. While it’s not legally binding, the judge will strongly consider it when deciding child custody.

Is joint child custody available in Georgia?

Yes. Child custody can be shared either legally and/or physically. In Georgia, courts generally favor cooperative arrangements where both parents are actively involved in the child’s life, as long as it is feasible.

What happens to child custody in Georgia if one parent wants to move to another state?

A major relocation can affect child custody. En Georgia The other parent must be notified at least 30 days in advance. If there is no agreement, the judge will determine whether the relocation benefits or harms the child and may modify the current custody terms.

Do you need help with child custody in Georgia?

At Pineres Law, we defend your rights as a parent. If you`re facing a child custody dispute in Georgia, we can help you:

• Present your case in court.
• Negotiate fair agreements.
• Modify existing orders.
• Enforce visitation schedules.

Schedule your legal consultation today and protect your relationship with your children.