Understanding the types of child custody and how Georgia courts determine custody arrangements can help you decide on the best solution for your family. Consulting with a skilled child custody attorney ensures you navigate the process with confidence and clarity. Below is a detailed explanation of the different types of custody, the factors judges consider, and common questions about child custody in Georgia.

Types of Child Custody

Physical Custody:
This is what most people picture when they hear the word “custody.” Physical custody refers to where the child lives and the parent responsible for the child’s daily care. The parent with physical custody provides a home, ensures the child’s basic needs are met, and makes decisions regarding day-to-day activities, such as school pick-ups, meals, bedtime, and extracurricular routines. Physical custody can either be sole, where the child resides with one parent full-time, or joint, where both parents share significant time with the child. For example, a child may live with one parent during the week and spend weekends with the other parent. Regardless of the arrangement, the aim is to offer a nurturing and stable environment, prioritizing the child’s best interest. A knowledgeable child custody attorney can help you secure an arrangement that works for your family.

Legal Custody:
Legal custody, on the other hand, grants a parent the authority to make critical, long-term decisions that impact the child’s overall well-being and future. This includes important areas such as healthcare (deciding which doctor the child sees), education (choosing between public or private schooling), and religious upbringing. For instance, while physical custody deals with where a child spends their time, legal custody determines who has the final say on significant life decisions. In Georgia, legal custody can be sole or joint, allowing both parents to share decision-making responsibilities or leaving one parent with full control. Other areas falling under legal custody include:

  • Decisions on medical treatments, vaccinations, or surgeries.
  • Choices regarding the child’s extracurricular activities, such as sports teams or music lessons.
  • Involvement in religious practices and ceremonies.

In some cases, a parent may have physical custody but share legal custody with the other parent, ensuring both remain involved in crucial life decisions. At Hastings Shadmehry, our experienced child custody attorneys ensure that your custody arrangements reflect not only your rights but also the well-being and future of your child.

Coming to a custody agreement is one of the most difficult aspects of divorce. If parents cannot agree on a joint custody arrangement, a judge will decide based on the best interests of the child, as mandated by O.C.G.A. § 19-9-3. Georgia judges examine numerous criteria to determine child custody, including:

  • Fitness of the Parent: Evaluating each parent’s ability to care for the child.
  • Needs of the Child: The child’s emotional, physical, and educational needs.
  • Parental Communication and Cooperation: The ability of parents to communicate and cooperate.
  • Past Care Provided: The historical care given by each parent.
  • Child’s Preferences: Depending on the child’s age and maturity, their preferences may be considered.
  • Safety of the Child: Ensuring a safe environment for the child is paramount.
  • Parental Agreements: Any existing custody agreements between parents.
  • History of Domestic Violence: Any history of abuse is a significant factor.

Working with a seasoned child custody attorney during this process can help ensure that your case is presented effectively and aligned with the best interests of your child.

Remember: The final order in ANY legal action involving the custody of a child, including modification actions, shall incorporate a permanent parenting plan. O.C.G.A. § 19-9-1   

Key Aspects of Parenting Time

Parenting time is a critical component of any custody arrangement, ensuring children maintain strong, stable relationships with both parents. Understanding the rules and enforcement of these schedules is essential to protecting your rights and your child’s best interests.

  • Court-Ordered Schedule: Parenting time is typically established through a court-ordered parenting plan.
  • Best Interests of the Child: The schedule for parenting time is designed to serve the best interests of the child.
  • Flexibility and Adjustments: While the court order provides a structured schedule, it can be adjusted to accommodate the changing needs of the child and parents.
  • Legal Enforcement: Parenting time schedules are legally enforceable. Any denial or interference can be brought before the court.

Frequently Asked Questions on Child Custody in Georgia

How are my custody rights affected if I am not married to my child's mother?
If you are not married to the mother of your child, you must legitimate the child to gain legal rights. Under Georgia law, an unmarried father does not automatically have custody or visitation rights. Without legitimating the child, the father has no legal standing to request custody or visitation, even if he is actively involved in the child’s life. Once the child is legitimated, the father can pursue a custody arrangement or visitation schedule that ensures his involvement in the child’s upbringing. The legitimization process is crucial for unmarried fathers to establish their parental rights.
What is the most common joint custody plan?
Typically, in joint custody arrangements, both parents share legal custody, meaning they must collaborate on important decisions affecting the child’s life, such as healthcare, education, and extracurricular activities. However, in many cases, one parent is granted primary physical custody, meaning the child spends the majority of their time living with that parent, while the other parent has a visitation schedule. This can include weekends, holidays, or extended summer stays. It’s important to note that every custody plan is tailored to the specific needs of the child and the parents, and there is no “one size fits all” arrangement. The courts always prioritize the child’s best interest.
Can a child custody order be modified?
Yes, a child custody order can be modified if there has been a significant change in circumstances that impacts the welfare of the child. For example, if one parent experiences a substantial change in income, relocation, or if the child’s needs evolve (e.g., educational or medical requirements), either parent can petition the court to reevaluate the custody arrangement. Keep in mind that the court will only grant modifications if it determines that the changes will benefit the child’s well-being.
If I am the legal custodian, do I need permission from the court and/or the NCP to move out of state?
Yes, if you are the legal custodian and plan to move out of state with your child, you must first obtain permission from the court or receive written consent from the non-custodial parent. This is because an out-of-state move can significantly impact the child’s relationship with the non-custodial parent, as well as existing visitation arrangements. Failing to secure proper authorization before relocating can result in legal consequences and even a potential modification of custody if the court deems the move detrimental to the child’s best interest.
How does Georgia decide which parent gets custody?
In Georgia, the court’s primary concern is the best interest of the child. Several factors are taken into account, such as the child’s relationship with each parent, each parent’s ability to provide a stable home environment, the child’s preferences (if they are old enough to express one), and any history of domestic violence or substance abuse. The court will evaluate both legal and physical custody and may award joint or sole custody based on what arrangement will best support the child’s physical and emotional well-being.
What is the difference between sole custody and joint custody?
Sole custody means that one parent has both physical and legal custody, giving them the primary responsibility for the child’s day-to-day care and the authority to make all major decisions about the child’s life. Joint custody, on the other hand, can mean sharing both physical and legal custody, or just one of the two. In a joint legal custody arrangement, both parents have a say in major decisions, while joint physical custody typically involves the child spending time living with both parents.
Can a child choose which parent they want to live with?
In Georgia, a child who is 14 years old or older has the right to express a preference for which parent they want to live with, and the court will take this preference into account when making a custody decision. However, the child’s choice is not the final determining factor. The court will still evaluate whether the child’s preference aligns with their best interest and may choose differently if the preferred arrangement is not deemed beneficial for the child’s welfare.
What happens if the other parent refuses to follow the custody order?
If a parent is not complying with the terms of a custody order, the other parent can file a contempt action with the court. This legal action requests that the court enforce the custody arrangement and hold the non-complying parent accountable. The court may impose fines, modify visitation schedules, or, in extreme cases, change the custody arrangement if the violations are severe and ongoing.
What rights does a non-custodial parent have?
A non-custodial parent still retains rights, particularly if they share legal custody with the custodial parent. This includes the right to be involved in decisions about the child’s education, medical care, and extracurricular activities. They also have the right to maintain a meaningful relationship with their child through a court-ordered visitation schedule. If a non-custodial parent feels that their rights are being violated or their visitation is being unjustly restricted, they can request court intervention to address the issue.
Does child support affect custody?
While child support and custody are two separate legal matters, failing to pay child support does not directly affect custody rights. A parent cannot be denied custody or visitation solely because they are behind on child support payments. However, the parent owed support can take legal action to recover unpaid amounts, including wage garnishment or other enforcement methods. Likewise, withholding visitation is not an acceptable response to missed support payments, as it is against the law to restrict a parent’s access to their child in retaliation for unpaid support.

For specific legal advice tailored to your situation, consult with a child custody attorney at Hastings Shadmehry. We provide personalized guidance based on your unique circumstances and the nuances of Georgia law.