Child Custody Laws in Georgia

Like all states, Georgia has a specific set of laws regarding child custody and parental rights. If you and your child’s other parent are divorcing or breaking up, it is important to understand the laws and process before you move forward with your pursuit of custody.

In Georgia, courts will award two types of custody: legal or physical.

Legal custody is the right to make major decisions regarding the child. When awarded joint legal custody, both parents share the responsibility of major decision making for the child. Generally, one parent is issued final decision making when it comes to religion, medical, educational, and extracurricular activities.

Physical custody refers to which parent the child lives with. With joint physical custody, both parents spilt the time with their child. When awarding joint custody, the court may award joint legal custody, joint physical custody, or both.

In Georgia, courts allow children over 14 years of age to make a custody election as to who they would like to live with. Although the court takes the child’s decision into account, the decision can be overturned if the court finds the selected parent is not in the child’s best interest.

If you are in the process of filing for child custody, don’t be without attorney representation. Contact He-Law today.