Child Custody Laws in Georgia

The judge decides custody based solely on the best interest of the child. Neither parent has a presumed right to custody. The judge may order sole custody, joint legal custody, joint physical custody, or a combination. Factors include emotional bonds, each parent's capacity to care for the child, stability, health, involvement in the child's life, willingness to support the child's relationship with the other parent, and any family violence. A child 14 or older may choose which parent to live with, and that choice is presumptive unless it is not in the child's best interest. For a child aged 11 to 13, the judge considers the child's wishes but they are not controlling. Each parent must submit a parenting plan in permanent custody cases.

Under Georgia's interstate custody law, a Georgia court has temporary emergency jurisdiction if the child is present in Georgia and has been abandoned, or emergency action is needed to protect the child because the child, a sibling or a parent is being mistreated or abused or threatened with it. If another state has jurisdiction, the Georgia order lasts only until an order is obtained from that state within the period the court sets.

Each superior court circuit may set up a seminar on the effects of divorce on children, and the judge may order any or all parties in a domestic relations case to attend a seminar of up to 4 hours. A fee may be charged, with a waiver for indigent parties. The judge may waive attendance for good cause, and failing to complete it can delay the final decree or lead to contempt.