Child Custody FAQ

There are two forms of child custody: physical and legal. Physical child custody determines where the child lives or visits, and for what period of time. Legal custody determines who makes decisions about the child’s health, education, and other significant needs. In a child custody proceeding, the court will use the best interest of the child standard to decide the custody arrangement. When deciding custody, the court looks at what arrangement best supports the child’s health, safety, and emotional well-being, taking into account each parent’s living situation and caregiving abilities.

Georgia courts require that all divorced parents submit a parenting plan that accounts for every day of the year, including holidays, significant events such as birthdays, and includes transportation information for the child. This parenting plan also must state which parent has what authority. For example, who will make health care decisions and whether there are any limitations to that authority. If the parents agree to have joint decision making authority, then there is also a provision in the parenting plan in which the parents have to decide what will happen if they disagree on a decision. This part is left up to the parents, and can include things like using a neutral third party to work out the disagreement, or setting out rules for specific situations from the very beginning. If the parents disagree about this or any other part of the parenting plan, then each parent may submit their own proposed parenting plan to the court for the judge to decide on which plan they feel is suited best for the child.

Georgia also allows for children older than 14 to make a decision about which parent they choose to live with, as long as the court considers the decision to be in the child’s best interests. If the court disagrees, it may override the preference.

When one parent wants to move away with the child and the other parent objects, the court must evaluate the best interests of the child, and may not base its decision solely on the original custody order.