CHILD CUSTODY IN GEORGIA: WHAT DIVORCING PARENTS SHOULD KNOW

Child Custody in Georgia: What Divorcing Parents Should Know

Child Custody in Georgia: What Divorcing Parents Should Know

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Divorce is difficult, but when children are involved, it becomes even more complicated. Parents worry about custody arrangements, visitation rights, and how divorce will affect their child’s well-being. In Georgia, child custody decisions focus on what is best for the child. Understanding how the courts determine custody can help you prepare and protect your parental rights.



Types of Custody in Georgia


Georgia law recognizes two types of custody: legal and physical.




  • Legal custody refers to the right to make decisions about the child’s education, healthcare, religion, and extracurricular activities. Courts often award joint legal custody, meaning both parents share decision-making responsibilities. However, one parent may have the final say in certain matters.

  • Physical custody determines where the child lives. Primary physical custody means the child resides with one parent most of the time, while the other has visitation rights. Joint physical custody allows the child to spend significant time with both parents.


How Courts Decide Custody


Georgia courts prioritize the child’s best interests when making custody decisions. Judges consider several factors, including:




  • Each parent’s ability to provide a stable home

  • The child’s emotional bond with each parent

  • Each parent’s involvement in the child’s daily life

  • Work schedules and financial stability

  • Any history of abuse, neglect, or substance abuse


Children 14 or older can express a preference for which parent they want to live with. The court takes this into account but still ensures the decision aligns with the child’s best interests.



Creating a Parenting Plan


Parents are encouraged to create a parenting plan outlining custody arrangements, visitation schedules, and decision-making responsibilities. A well-structured plan helps reduce conflict and provides consistency for the child. If parents cannot agree, the court will impose a custody arrangement.



Modifying Custody Arrangements


Custody orders are not always permanent. If circumstances change—such as a parent relocating, losing a job, or experiencing health issues—modifications can be requested. However, the parent seeking changes must prove that the adjustment benefits the child.



Protect Your Parental Rights


Navigating custody issues can be overwhelming, but you don’t have to do it alone. Whether you need help securing primary custody, negotiating visitation, or modifying an existing order, Palumbo Law is here to guide you. Schedule a consultation today to discuss your case with an experienced child custody attorney in Georgia.

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