Children:
Custody of
minor children is
always the most
important of issues
in a divorce case.
Section 19-9-6 of
the
Official Code of
Georgia Annotated
describes the
following custody
terms
(1) 'Joint
custody' means joint
legal custody, joint
physical custody, or
both joint legal
custody and joint
physical custody. In
making an order for
joint custody, the
court may order
joint legal custody
without ordering
joint physical
custody.
(2) 'Joint
legal custody' means
both parents have
equal rights and
responsibilities for
major decisions
concerning the
child, including the
child's education,
health care, and
religious training;
provided, however,
that the court may
designate one parent
to have sole power
to make certain
decisions while both
parents retain equal
rights and
responsibilities for
other decisions.
(3) 'Joint
physical custody'
means that physical
custody is shared by
the parents in such
a way as to assure
the
child of
substantially equal
time and contact
with both parents.
(4) 'Sole
custody' means a
person, including,
but not limited to,
a parent, has been
awarded permanent
custody of a child
by a court order.
Unless otherwise
provided by court
order, the person
awarded sole custody
of a child shall
have the rights and
responsibilities for
major decisions
concerning the
child, including the
child's education,
health care, and
religious training,
and the noncustodial
parent shall have
the right to
visitation. A person
who has not been
awarded custody of a
child by court order
shall not be
considered as the
sole legal custodian
while exercising
visitation rights.”
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