Child Custody & Visitation in Georgia Divorce

Navigating child custody and visitation in Georgia during a divorce can be challenging, as the process often involves complex legal standards and considerations that focus on the child’s best interests. Understanding the basics of Georgia’s custody laws, the types of custody arrangements, and the factors courts evaluate can help parents make informed decisions and create stable, supportive environments for their children.

Who is Likely to Get Primary Custody?

In modern divorce cases, there is no longer a near-certainty that the mother will get custody. Every divorce has it’s own unique circumstances. There are a number of things that, if present, can improve or lessen your chances of becoming the primary custodial parent. In fact, in some divorces custody may be awarded to a step-parent or grandparent.

An experienced family law attorney can discuss these things with you during your initial consultation. For more information, you may want to read a recently published Georgia Child Custody Guide article. ¹

Types of Custody in Georgia

In Georgia, custody is divided into two main types: legal custody and physical custody. Legal custody pertains to a parent’s right to make significant decisions about the child’s life, including education, healthcare, religion, and extracurricular activities. Physical custody, on the other hand, refers to where the child lives on a day-to-day basis.

Beware of potential pitfalls. Unlike sole custody, joint custody must be handled carefully to avoid trouble with your ex. The Georgia Divorce Online website offers this insightful information, "If you share joint legal custody with the other parent and exclude him or her from the decision-making process, your ex can take you back to court and ask the judge to enforce the original custody agreement." ²

Joint Custody vs. Sole Custody

Both legal and physical custody can be awarded as either sole custody or joint custody:

Sole custody grants one parent the exclusive rights to either physical or legal custody, or both. This arrangement may occur if one parent is deemed unfit or unable to provide a stable environment.

Joint custody is a common arrangement in which both parents share responsibilities. Joint custody can be broken down further into joint legal custody, where both parents are involved in major decision-making, and joint physical custody, where the child spends time living with both parents.

While joint custody is often encouraged, the court usually designates one parent as the primary physical custodian, or "primary custodial parent," who has final decision-making authority if disagreements arise.

The Best Interests of the Child Standard

Georgia courts prioritize the "best interests of the child" standard in custody and visitation decisions, meaning the primary goal is to ensure that the child’s physical, emotional, and psychological needs are met. Factors that influence this decision include:

• Each parent’s ability to provide for the child’s needs (emotional, physical, and financial).
• The emotional bond between the child and each parent.
• The stability of each parent’s home environment.
• The child’s adjustment to home, school, and community.
• Each parent’s willingness to foster a loving, ongoing relationship with the other parent.

Children Choosing Where to Live

Georgia law also permits children aged 14 or older to express a custodial preference. While this preference is heavily considered, it is not binding; the court retains the final decision-making authority and may overrule the child’s preference if it conflicts with their best interests. Children as young as 11 may also express preferences, though these are weighed alongside other factors in the final decision. A question posed on the AVVO website received this response, "Children can’t refuse. If a child under 18 refuses you’re the one who could be held in contempt. Children can get input in some court proceedings, and you need a lawyer to be sure their opinion is heard." ³

Developing a Parenting Plan

In Georgia, divorcing parents are required to submit a Parenting Plan that outlines how they intend to share custody and handle visitation. A well-crafted parenting plan addresses the following:

• Visitation schedules, including regular schedules (weekday/weekend) and holiday schedules.
• Decision-making authority for aspects such as education, medical care, and religious upbringing.
• A plan for handling disputes.
• Provisions for communication between the child and both parents.
• Georgia courts generally expect the parenting plan to encourage frequent, meaningful contact with both parents unless there are significant reasons not to do so (e.g., evidence of abuse, addiction issues).

Visitation Rights and Schedules

Visitation rights allow the non-custodial parent to spend time with the child, even if they do not have primary physical custody. In many cases, Georgia courts encourage joint physical custody or liberal visitation schedules to ensure ongoing involvement from both parents. Common visitation schedules might include alternating weekends, certain holidays, and extended time during summer breaks.

Supervised Visitation

In cases where one parent’s fitness is in question—perhaps due to issues like alcohol and substance abuse, mental health concerns, or a history of family violence, the court may order supervised visitation. Supervised visitation allows the parent to spend time with the child in a monitored setting, either at a designated center or with a third-party supervisor present. This arrangement is meant to maintain the child’s relationship with both parents while ensuring a safe environment.

Who supervises visitation? The SafeSpaces website provides an excellent answer to this question. The website states, "In Georgia, specific guidelines govern supervised visitation to ensure the child’s safety. The court may appoint a professional supervisor, such as a social worker or a trained monitor, to oversee visitation sessions. Alternatively, trusted family members or friends may be designated as supervisors under certain circumstances." ⁴

Modifying Custody and Visitation Orders

Custody and visitation arrangements are not set in stone. Either parent may file for a parenting plan modification if there has been a substantial change in circumstances that affects the child’s best interests. Common reasons for requesting a modification include:

• A parent relocating to a different city or state.
• Changes in a parent’s financial situation.
• Changes in the child’s needs or developmental requirements.

For a court to approve a modification, the requesting parent must demonstrate that the change would benefit the child’s well-being. In Georgia, custody orders generally remain in effect until the child turns 18, but a parent can seek modifications as needed.

Parental Rights and Responsibilities

In Georgia, both parents retain certain rights and responsibilities, regardless of custody status. These include the right to access the child’s medical and educational records and the right to participate in the child’s life decisions. Non-custodial parents, particularly, have a right to reasonable access to their child unless restricted by the court due to specific risks or harmful behavior.

Parental Relocation

If a custodial parent intends to move with the child, Georgia law requires them to provide the non-custodial parent with advance notice. If the move would significantly impact the child’s relationship with the other parent, the non-custodial parent may contest the relocation in court. The judge will evaluate the relocation’s impact on the child’s stability and relationship with both parents before making a decision.

Custody and Visitation Resources in Georgia

Georgia provides numerous resources to assist parents with custody and visitation issues:

Georgia Legal Aid – Georgia Legal Aid offers free legal information and resources on topics such as legitimation, custody, and visitation for eligible families.

Legitimation for Father’s Rights

In Georgia, unmarried fathers must go through a process known as legitimation to establish legal rights to custody or visitation. Filing a legitimation action allows the father to be recognized as the child’s legal parent, granting rights to custody or visitation. Without legitimation, the father may face significant barriers in obtaining custody or visitation rights, as Georgia law does not automatically grant these rights to unmarried fathers.

Child Custody and Domestic Violence

In cases involving domestic violence or other serious safety concerns, the court may impose restrictions on custody and visitation to protect the child and the other parent. Protective orders may also be issued to limit contact and ensure the safety of all parties involved. Georgia law emphasizes the child’s right to a safe environment, and allegations of abuse are taken seriously in custody determinations.

Key Considerations for Parents Going Through Divorce in Georgia

• Document Everything – Keeping a detailed record of interactions with the other parent, including communication and financial support, can be beneficial in custody hearings.
• Focus on the Child’s Best Interests – Avoid framing custody decisions as "winning" or "losing." Instead, prioritize your child’s needs and work toward cooperative parenting.
• Consider Mediation – Mediation can help parents reach agreements without the need for a drawn-out court battle. It’s often quicker, more cost-effective, and less stressful for the child.
• Plan for Future Changes – Children’s needs evolve over time, and custody arrangements may need to be adjusted. Be open to modifications and maintain flexibility in your parenting plan.

Conclusion

Child custody and visitation decisions in Georgia are structured around the principle of prioritizing the child’s best interests. From joint custody arrangements to parenting plans and supervised visitation, Georgia’s family law system provides various ways to support both parents’ involvement in their child’s life while ensuring a safe, stable environment. By understanding the legal landscape and utilizing available resources, parents can navigate the challenges of divorce more effectively and create a positive future for their children.

If you have questions about getting optimal child custody or visitation arrangements, or need to pursue a modification, call our family law attorneys at 678-880-9360.

CREDITS and FOOTNOTES

• ¹ James Hobson, "Georgia Child Custody Guide", February 3, 2023, Available from Grisham, Poole & Carlile
• ² Staff Writer, "Types of Custody in a Georgia Divorce", July 7, 2023, Available from Georgia Divorce Online
• ³ Glen Ashman, "At what age can children refuse visitation in Georgia?", January 18, 2017, Available from AVVO
• ⁴ Staff Writer, "Understanding Supervised Visitation in Georgia Law: Ensuring Safe and Nurturing Contact", June 8, 2023, Available from Safe Spaces
• Photo by Tiny Tribes, available at Pixabay