Joint vs. Sole Custody in Georgia: Is There a Presumption of Equal Time?
Georgia has no presumption in favor of joint custody, sole custody or either parent. The judge decides on the child’s best interest, using 17 factors, and a child 14 or older has a presumptive right to choose a parent.
Is joint custody presumed in Georgia?
No. In all cases in which custody is at issue between the parents there is no prima facie right to custody in the father or mother, and there is no presumption in favor of any particular form of custody, legal or physical, nor in favor of either parent. Joint custody may be considered as an alternative, and the judge may grant sole custody, joint custody, joint legal custody or joint physical custody as appropriate (O.C.G.A. 19-9-3(a)(1)).
What are the best-interest factors in Georgia?
The judge may consider any relevant factor, including 17 listed ones: the love, affection and bonding between each parent and the child and the child’s siblings; each parent’s capacity to give love, guidance, food, clothing and care; the home environment; continuity and stability; the stability of each parent’s family unit and community support; the health of each parent; each parent’s involvement in education and activities; employment schedules; the child’s home, school and community record and special needs; each parent’s past and future parenting performance; each parent’s willingness to foster the child’s relationship with the other; any recommendation of a custody evaluator or guardian ad litem; evidence of family violence, abuse or criminal history; and evidence of substance abuse (19-9-3(a)(3)).
Can a child choose in Georgia?
At 14 or older the child has the right to select the parent to live with, and the selection is presumptive unless that parent is not in the child’s best interests; the selection can be a material change of circumstances but only once in two years. For a child 11 to 13 the judge considers the child’s desires and educational needs with complete discretion, the child’s wishes are not controlling and the judge may order a trial period of up to six months (19-9-3(a)(5)-(6)).
What happens when family violence is found in Georgia?
The judge must consider as primary the safety and well-being of the child and of the victim parent, and must consider the perpetrator’s history of causing physical harm or reasonable fear of it; a parent who is absent or relocates because of domestic violence is not deemed to have abandoned the child, and supervised visitation may be ordered (19-9-3(a)(4)).
Can the court change parenting time later in Georgia?
The visitation or parenting time portion of a custody judgment may be reviewed and modified without a showing of changed circumstances, but not more often than once in each two-year period; a change in custody itself in a new proceeding needs a showing of a change in material conditions or circumstances (19-9-3(b)).
What is Georgia’s public policy?
It is the express policy of the state to encourage that a child has continuing contact with parents and grandparents who have shown the ability to act in the child’s best interest, and to encourage parents to share the rights and responsibilities of raising the child after separation or divorce (19-9-3(d)).
How does custody connect to support in Georgia?
The label does not set the amount; the court-ordered days do. Count your schedule with the Georgia parenting time calculator and run the Georgia child support calculator, which follows O.C.G.A. 19-6-15.
Frequently asked questions
Does Georgia favor joint custody?
No presumption exists for any form of custody or either parent; the judge decides on the child’s best interest.
How many best-interest factors does Georgia use?
A non-exclusive list of 17, such as bonding, home environment, continuity, health, involvement, family violence and substance abuse.
Can a 14-year-old choose in Georgia?
Yes, presumptively, unless the chosen parent is not in the child’s best interests.
How often can Georgia parenting time be reviewed?
Parenting time can be reviewed without changed circumstances once in each two-year period.
Does family violence change Georgia custody?
It makes the safety of the child and the victim parent the primary consideration.
Official sources
- O.C.G.A. 19-6-15: child support guidelines
- O.C.G.A. 19-9-3: custody of child; best interest factors; change of residence
- Georgia Child Support Commission: online child support calculator
- Georgia Child Support Commission: parenting time adjustment instructions
- Georgia Code Title 19, chapter 5: divorce
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Georgia statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Georgia attorney.