What are the two kinds of custody in Georgia?

Legal custody, the authority to make major decisions about religious upbringing, education, non-emergency medical care, and extracurricular activities, and physical custody, where the child actually lives. Georgia courts often favor joint legal custody with one parent designated the tie-breaking decision-maker, while physical custody can be sole (with visitation for the other parent) or shared.

Can a child choose which parent to live with in Georgia?

At 14 or older, a child has the right to select which parent they want to live with, and that selection is presumptive unless the court finds the selected parent isn't in the child's best interest. For children 11 to under 14, the judge considers the child's wishes and educational needs but has full discretion, the child's preference isn't controlling at that age.

How many best-interest factors does Georgia consider?

O.C.G.A. § 19-9-3 lists approximately 22 factors judges may weigh, covering each parent's relationship with the child, home stability, school and community ties, each parent's capacity to meet the child's needs, and willingness to encourage the child's relationship with the other parent, among others.

Is a parenting plan required in Georgia?

Yes, since 2008 Georgia law requires divorcing parents with minor children to submit a parenting plan. If both parents agree on the plan and it was put together with the child's interests in mind, courts are unlikely to reject it.

How much notice do I have to give before relocating with my child?

Georgia law requires the custodial parent to give everyone with visitation rights 30 days' notice of an intent to move, codified in O.C.G.A. § 19-9-3(a)(5)-(6). Even if a parenting plan doesn't explicitly require it, Georgia courts expect advance notice of a relocation.

How is child support calculated in Georgia?

Georgia uses the income shares model under O.C.G.A. § 19-6-15: both parents' incomes are combined, a statutory table sets the total support obligation at that income level, and each parent pays their proportional share. The Georgia Child Support Commission maintains the official online calculator, updated for 2026 with a mandatory parenting time adjustment.

Georgia, United States

Georgia Child Custody: A Parent's Guide

How child custody works in Georgia, in plain English: legal vs. physical custody, the child's own preference at 14, required parenting plans, and relocation notice.

Last reviewed: 2026-08-09

In short: Georgia splits custody into legal (decision-making) and physical (residence) custody, decided under a roughly 22-factor best-interest test. A child who is 14 or older has a presumptive right to choose which parent to live with; children 11 to under 14 are consulted but the choice isn't binding. Georgia has required a written parenting plan since 2008, and relocating requires giving everyone with visitation rights 30 days' notice.

This is an educational overview written for parents, not lawyers. It isn't legal advice. For anything beyond general understanding, talk to a licensed Georgia family law attorney.

What Georgia generally provides

O.C.G.A. § 19-9-3 sets the framework: courts decide custody based on the best interest of the child, weighing approximately 22 statutory factors, including each parent's relationship with the child, the stability of each home, school and community ties, each parent's capacity to meet the child's emotional and physical needs, and each parent's willingness to encourage a healthy relationship between the child and the other parent. Georgia has required a written parenting plan in every case involving minor children since 2008.

Important terminology

Legal custody: authority over four specific categories, religious upbringing, educational decisions, non-emergency medical care, and extracurricular activities. Georgia courts often favor joint legal custody, with one parent designated as the tie-breaking decision-maker if the two disagree.
Physical custody: where the child resides. Can be sole, with the other parent receiving scheduled visitation, or shared, with the child living with each parent a portion of the time.
Best interest of the child: Georgia's controlling standard under § 19-9-3, assessed through roughly 22 factors with no single factor automatically controlling.
Child's preference: a distinct, age-based factor. At 14+, the child's choice is presumptive; at 11 to under 14, it's considered but not controlling.

How custody works in Georgia

Legal custody

Legal custody in Georgia covers four specific decision categories: religious upbringing, education, non-emergency medical care, and extracurricular activities. Courts often award joint legal custody so both parents stay involved, while naming one parent as the decision-maker of last resort if the two can't agree on a specific decision.

Physical custody

Physical custody determines where the child lives. It can be sole, with the non-custodial parent receiving a scheduled visitation arrangement, or shared, with the child's time split between both parents' homes in some proportion. Georgia doesn't set a single statutory default schedule.

The child's own preference

Georgia gives real weight to an older child's stated preference. A child who has reached 14 has the right to select which parent they want to live with, and that selection is presumptive, meaning the court generally follows it unless it finds the selected parent isn't in the child's best interest. This selection can also, by itself, constitute a material change of circumstances supporting a modification, though it can only be exercised once within a two-year period. For a child 11 to under 14, the judge considers the child's wishes and educational needs but retains full discretion, the child's preference is a factor, not a controlling one, at that age.

Required parenting plans

Georgia has required divorcing parents with minor children to submit a written parenting plan since 2008. If both parents agree and the plan reflects the child's interests, courts are unlikely to reject it; if parents disagree, the court decides the plan's terms itself. See what is a parenting plan for what a strong plan generally covers regardless of jurisdiction.

Parenting schedules

With no single statutory default, Georgia families use the full range of common patterns, 2-2-3, week on, week off, or a primary-residence model with scheduled visitation, chosen based on the child's age, school schedule, and the parents' circumstances. See how to choose a custody schedule for a general framework, and the custody schedule generator to build the actual calendar.

Moving with your child (relocation)

Georgia law, codified at O.C.G.A. § 19-9-3(a)(5)-(6), requires the custodial parent to give everyone who has been granted visitation rights 30 days' notice of an intent to relocate. Even where a parenting plan doesn't explicitly spell out a notice requirement, Georgia courts expect the relocating parent to notify the other parent in advance as standard practice. See moving to another state with shared custody for how notice requirements and relocation standards tend to work more broadly across states.

Common questions

How is child support calculated? Georgia uses the income shares model under O.C.G.A. § 19-6-15: combined parental income is matched to a statutory table setting the total support obligation, and each parent pays their proportional share. The Georgia Child Support Commission's official online calculator was redesigned effective January 1, 2026, incorporating a mandatory parenting time adjustment directly into the calculation.

Can a custody order be changed later? Yes, generally on a showing of a material change in circumstances since the last order, and that a modification serves the child's best interest. A qualifying child's own preference at 14+ can itself count as such a change.

What if my co-parent won't follow the custody order? You can file a contempt action with the court. Courts can order makeup time and, in serious or repeated cases, hold a parent in contempt.

Practical considerations

Because a 14-year-old's preference carries real, presumptive weight in Georgia, families with children approaching that age may want to plan for how the arrangement could shift, rather than treating the existing schedule as fixed indefinitely. Whatever the parenting plan specifies, the operational part that follows it, keeping both households aligned on the same schedule, logging change requests instead of relying on memory, and keeping a record if an enforcement issue arises, is a separate, ongoing piece worth planning for.

Official Georgia resources

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FAQ

Questions, answered

This information is provided for educational purposes only and is not legal advice. Family law varies by individual circumstances and may change over time. Consult a qualified attorney or appropriate official resource for advice about your situation.