Georgia custody laws: joint custody, the age 14 election and how judges decide
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- Georgia starts from no preference. The Code gives neither parent a prima-facie right to custody and presumes nothing about any form of custody, legal or physical.
- A judge decides custody, never a jury, and the test is the best interest of the child, with 17 listed factors the judge may consider.
- At 14 a Georgia child has the right to select the parent to live with, and the selection stands unless that parent is found not to be in the child’s best interests. From 11 to 13 the judge considers the child’s wishes, but they do not control.
- Each parent in a custody case prepares a parenting plan, or the parents file one together, and the final order incorporates a permanent plan.
- When parents were never married, only the mother is entitled to custody until the father legitimates the child through a court order.
- What does custody mean under Georgia law?
- How does a Georgia court decide custody?
- Is Georgia a 50/50 custody state?
- How do you get full custody in Georgia?
- What goes in a Georgia parenting plan?
- At what age can a child choose in Georgia?
- Is mediation required in a Georgia custody case?
- Can a parent move with a child in Georgia?
- What are Georgia custody laws for unmarried parents?
- Which state’s court decides a Georgia custody case?
- How do you change a custody order in Georgia?
- Can both parents see the child’s records in Georgia?
- Where does a written record fit in a Georgia case?
- Frequently asked questions
What does custody mean under Georgia law?
Georgia law uses the words joint custody and sole custody, and it defines both. O.C.G.A. § 19-9-6 says joint custody means joint legal custody, joint physical custody or both, and a judge may order joint legal custody without ordering joint physical custody.
Joint legal custody means both parents have “equal rights and responsibilities for major decisions concerning the child,” including education, health care, extracurricular activities and religious training. Joint physical custody means physical custody is shared so the child has “substantially equal time and contact with both parents.”
Sole custody means a person has been awarded permanent custody of a child by a court order. Unless the order says otherwise, that person holds the major decisions, and the noncustodial parent has the right to visitation or parenting time.
| What parents often say | Georgia term | Where it comes from |
|---|---|---|
| Full custody | Sole custody | O.C.G.A. § 19-9-6 |
| Joint custody | Joint legal custody, joint physical custody, or both | O.C.G.A. § 19-9-6 |
| 50/50 custody | Joint physical custody, described as substantially equal time and contact | O.C.G.A. § 19-9-6 |
| Visitation | Visitation or parenting time, used side by side | O.C.G.A. §§ 19-9-3, 19-9-6 |
How does a Georgia court decide custody?
A Georgia judge decides custody by the best interest of the child, and a jury has no part in that decision. Under O.C.G.A. § 19-9-3, neither parent has a “prima-facie right” to custody, and there is “no presumption in favor of any particular form of custody, legal or physical, nor in favor of either parent.” The judge’s duty is to determine “solely what is for the best interest of the child and what will best promote the child's welfare and happiness.”
The same section lists 17 factors the judge may consider, and it lets the judge consider any other relevant factor as well. Among them:
- Each parent’s emotional bond with the child, and the child’s ties with siblings, half siblings and stepsiblings.
- Each parent’s “knowledge and familiarity of the child and the child's needs.”
- Each parent’s capacity to provide food, clothing, medical care and day-to-day needs.
- The home environment, “considering the promotion of nurturance and safety of the child rather than superficial or material factors.”
- “The importance of continuity in the child's life,” and how long the child has lived in a stable, satisfactory environment.
- Each parent’s involvement in the child’s “educational, social, and extracurricular activities,” and each parent’s employment schedule and flexibility.
- Each parent’s “past performance and relative abilities for future performance of parenting responsibilities.”
- The willingness and ability of each parent “to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent.”
- Any recommendation by a court appointed custody evaluator or guardian ad litem.
- Any evidence of family violence, child abuse, criminal history or substance abuse.
Where the judge has made a finding of family violence, the Code makes “the safety and well-being of the child and of the parent who is the victim of family violence” the primary consideration. Under O.C.G.A. § 19-9-7, a parent who committed family violence may receive visitation or parenting time only if the judge finds that “adequate provision for the safety of the child and the parent who is a victim of family violence can be made.”
The judge may also order a psychological custody evaluation of the family or an independent medical evaluation. If either party asks on or before the close of evidence in a contested hearing, the permanent order must set out specific findings of fact behind the decision.
“Consistency matters. You should keep a stable routine for meals, school, and bedtime. Courts value a parent who provides predictability and structure to better care for their child.”
That advice sits close to the Code’s own list, which asks about continuity, each parent’s involvement in school and activities, and each parent’s past performance of parenting responsibilities. All three are questions about ordinary weeks rather than single events. Our guide to the best interest of the child checklist covers what factors like these tend to look like in daily life.
Is Georgia a 50/50 custody state?
No. Georgia law does not start from equal time or from any other division. O.C.G.A. § 19-9-3 says joint custody “may be considered as an alternative form of custody,” and it lets the judge grant “sole custody, joint custody, joint legal custody, or joint physical custody as appropriate.” The same section states a policy of encouraging parents “to share in the rights and responsibilities of raising their child” after they separate.
The state courts’ self-help page on child custody, written by Georgia Legal Aid, says a judge “might award joint physical custody” but “will normally award one parent primary physical custody,” and that judges “often award joint legal custody.”
Parents can also settle this themselves. Under O.C.G.A. § 19-9-5, the judge ratifies the parents’ agreement and makes it part of the final judgment unless the judge makes specific written findings that it would not be in the child’s best interests. The judge may not refuse an agreement based solely on the parents’ choice to use joint custody.
Joint legal custody can be divided by subject. The definition in O.C.G.A. § 19-9-6 lets a judge give one parent sole power over certain decisions while both parents keep equal rights on the rest. The Georgia Legal Aid custody guide says it is common for one parent to hold “tiebreaker authority,” and that this parent “must consult and make a good faith effort to agree with the other parent” before using it.
How do you get full custody in Georgia?
A parent gets sole custody through a court order, and the judge applies the same best-interest test used for every other form of custody. O.C.G.A. § 19-9-3 sets that as the judge’s duty “in all such cases.”
The state courts’ self-help page describes sole custody as one parent being awarded both physical and legal custody. That parent has “the authority to make all decisions concerning the child, except for day-to-day decisions while the child is visiting the other parent.” The other parent is usually awarded visitation, and the court “may place restrictions on visitation if it is in the best interest of the child.”
Because the Code presumes nothing about any form of custody, a parent asking for sole custody is asking the judge to find that this arrangement serves this child. The factors listed above are the questions that answer turns on.
What goes in a Georgia parenting plan?
A Georgia parenting plan sets out where the child will be each day, how decisions are made and how exchanges work. Under O.C.G.A. § 19-9-1, each parent prepares a plan or the parents submit one together, except when a parent seeks emergency relief for family violence. A plan is required for permanent custody and modification actions, the court may require one for temporary hearings, and the final order “shall incorporate a permanent parenting plan.”
Parents who cannot agree each file and serve a proposed plan by the date the court sets. A parent who does not file risks the court adopting the other parent’s plan, if the judge finds that plan is in the child’s best interests.
| Subject | What the plan addresses |
|---|---|
| Schedule | Where and when the child is in each parent’s care, “designating where the child will spend each day of the year” |
| Special days | Holidays, birthdays, vacations, school breaks and other occasions, with the time each begins and ends |
| Exchanges | How the child is exchanged, the location, and how transportation costs are paid |
| Supervision | Whether any parenting time needs supervision, and the particulars if so |
| Major decisions | Who decides on education, health, extracurricular activities and religious upbringing, and how disagreements are resolved if decisions are shared |
| Daily decisions | A recognition that the parent with physical custody makes day-to-day and emergency decisions while the child is with that parent |
An agreement between parents needs the court to count. The Georgia Legal Aid custody guide says a private agreement “may become part of a court order, but does not protect the parties without a judge's approval.” Our guide on how to write a parenting plan covers what a workable plan usually spells out.
At what age can a child choose in Georgia?
At 14, a Georgia child has the right to select the parent to live with, though the best interests standard still applies. Under O.C.G.A. § 19-9-3, the selection “shall be presumptive unless the parent so selected is determined not to be in the best interests of the child.” A child aged 11 to 13 has no such right. The judge “shall consider the desires and educational needs of the child,” and the child’s wishes “shall not be controlling.”
| Child’s age | Effect on the custody decision | Effect in a modification case |
|---|---|---|
| 14 or older | The child’s selection is presumptive, unless that parent is determined not to be in the child’s best interests | The selection may by itself be a material change, once within a two-year period, and best interests still applies |
| 11 to 13 | The judge considers the child’s desires and educational needs, with complete discretion | The selection is not by itself a material change |
For a child aged 11 to 13, the judge may issue an order granting temporary custody to the selected parent for a trial period of up to six months.
The Georgia Legal Aid custody guide names three ways a child’s preference reaches the court: meeting privately with the judge, telling a guardian ad litem, or signing an Affidavit of Election.
Is mediation required in a Georgia custody case?
It can be, and the requirement we found comes from the local circuit. We did not find one statewide statute that sends every custody case to mediation, so the order for your county is the place to look.
One example is the Mountain Judicial Circuit’s domestic relations standing order. It requires the parties in contested cases to take part in mediation or a judicially hosted settlement conference before a final hearing or trial, with exceptions, and says mediation is “NOT required in cases in which domestic violence is alleged” unless the court specifically assigns the case to a qualified mediator. That is one circuit’s order. Check the one that applies in your county.
The Georgia Supreme Court’s Alternative Dispute Resolution Rules require court programs to screen domestic relations cases, to determine “whether mediation can be done safely and free from coercion.” An at-risk party “may choose whether or not he or she wants to proceed with mediation,” and any party may petition the court to have a case removed from mediation.
Many parents also meet a seminar requirement. Under Rule 24.8 of the Uniform Superior Court Rules, judges may require parties to attend an educational seminar of no more than four hours, and the assigned judge can waive attendance for good cause. The Mountain circuit requires its “Seminar for Divorcing Parents” in all cases involving minor children. Our guide to preparing for custody mediation covers what to bring and how to get ready.
Can a parent move with a child in Georgia?
Once a custody judgment is in place, a parent who moves generally has to give notice first. Under O.C.G.A. § 19-9-3, unless a court order says otherwise, a parent who changes residence must notify the other parent “at least 30 days prior to the anticipated change of residence,” and the notice “shall include the full address of the new residence.” A custodial parent must also notify anyone else granted visitation rights or parenting time.
The court that entered the custody judgment keeps jurisdiction to order the custodial parent to notify it of changes in the child’s residence.
The statute sets the notice rule. This guide did not review how judges weigh a contested move, so a Georgia family law attorney is the right person to ask. Our guide to moving out of state with joint custody covers the wider questions.
What are Georgia custody laws for unmarried parents?
When parents were never married, the mother has custody under Georgia law, and the father has no custody rights until he legitimates the child. O.C.G.A. § 19-7-25 says “Only the mother of a child born out of wedlock is entitled to custody of the child, unless the father legitimates the child,” and that otherwise the mother “may exercise all parental power over the child.” The Georgia Legal Aid custody guide says this holds “even if the parents have an informal agreement and are both involved with the child's care or live together.”
Legitimation is a court process. Under O.C.G.A. § 19-7-22, the biological father generally petitions the superior court in the county where the mother or other legal custodian lives. The court may declare the relationship legitimate if the order “is in the best interests of the child.” The state courts’ self-help page on legitimation says the mother “must be formally notified, and she has the right to attend the court hearing.”
Several common steps do not do this. The Administrative Office of the Courts’ legitimation FAQ says “being named the father in a paternity test, paying child support, and signing the child's birth certificate will not legitimate the child without a Court Order.” It also warns that a court may deny a petition if it finds legitimation is not in the child’s best interests or that the father “has lost his opportunity interest.”
Legitimation does not settle custody by itself. Georgia Legal Aid says it grants “only the right of a parent to ask for custody or visitation.” The father may include custody, visitation or parenting time claims in the same petition, and the court decides those by the best interests of the child. Our guide to keeping a record as an unmarried parent covers what to write down along the way.
Which state’s court decides a Georgia custody case?
A Georgia court can make the first custody decision when Georgia is the child’s home state. The first ground in O.C.G.A. § 19-9-61 applies when Georgia is “the home state of the child on the date of the commencement of the proceeding,” or was the home state within six months before the case began and a parent still lives here while the child is away.
This section is part of the rule that decides between states. If the child has recently moved, or the parents live in different states, raise that with an attorney before filing.
How do you change a custody order in Georgia?
You file a new case asking for the change, and for custody you need a change in circumstances. The Georgia Legal Aid custody guide says the case should state “a substantial change of circumstances that affects the interests and welfare of the child.” O.C.G.A. § 19-9-23 governs how a complaint to change custody is started, and Georgia Legal Aid explains the county rule: a non-custodial parent files in the custodial parent’s county, and a custodial parent files in the non-custodial parent’s county, unless that parent does not live in Georgia.
Visitation works differently. Under O.C.G.A. § 19-9-3, the visitation or parenting time part of an order can be reviewed without showing any change, but not “more often than once in each two-year period” after the judgment. That limit does not stop a new custody case based on a material change.
Once a change of custody is filed, the judge may change the terms on a temporary basis until the final judgment. Our guide to custody modification covers how these cases usually unfold.
Can both parents see the child’s records in Georgia?
Yes, that is what the parenting plan statute sets out. O.C.G.A. § 19-9-1 says a plan recognizes that “both parents will have access to all of the child's records and information,” including education, health, health insurance, extracurricular activities and religious communications. The state courts’ self-help page puts it this way: “The law wants both parents to have equal access to the child's medical and educational information.” Check the wording of your own plan, because that is the document you are working from.
Where does a written record fit in a Georgia case?
A dated written record lets you answer the questions in the Code from detail rather than memory. The Georgia factors ask about each parent’s involvement in school and activities, each parent’s work schedule and each parent’s past performance of parenting responsibilities. Those are things you can note as they happen, in your own day: the appointment you took the child to, the school event you attended, the pickup you handled.
Keep it about what you did and what the child needed. Whether any record can be used in a hearing is a question for your attorney. Our guide on how to document for a custody case covers what to write down and how to keep it consistent.
Documented keeps a private, dated record of the ordinary days of care, sealed when you save each entry, so the detail is there when your attorney asks. Learn how it works →
What this guide does not cover
- Child support amounts. Our guide to the Georgia child support calculator covers how an amount is worked out.
- Local rules. Each circuit has its own standing orders. We read one as an example, and yours may differ.
- Grandparents and other third parties. This guide is about disputes between parents. The state courts’ self-help page says grandparents may ask for visitation, and that these rights “are not automatic.”
- Family violence and emergencies. Protective orders and emergency custody are outside this guide. If you or your child is in immediate danger, call 911.
Frequently asked questions
Does Georgia favor mothers in custody cases?
No. Georgia’s custody statute says neither the father nor the mother has a prima-facie right to custody, and there is no presumption in favor of either parent. The judge decides by the best interest of the child. Parents who were never married are treated differently: only the mother is entitled to custody until the father legitimates the child.
Can a 14-year-old decide which parent to live with in Georgia?
A child who has reached 14 has the right to select the parent to live with, and the selection is presumptive unless that parent is determined not to be in the child’s best interests. So the choice carries real weight, but the judge can still decide otherwise.
Can a 12-year-old choose which parent to live with in Georgia?
No. For a child aged 11 to 13, the judge must consider the child’s desires and educational needs, but the wishes are not controlling and the judge has complete discretion.
Does a father on the birth certificate have custody rights in Georgia?
No. Georgia Legal Aid says a father’s name on the birth certificate does not give him legal rights to custody or visitation. A court order of legitimation is what matters, and after that he still has to ask for custody or visitation.
Does a jury decide custody in Georgia?
No. Georgia’s custody statute says the judge hearing the issue makes the custody determination and that it shall not be decided by a jury.
How much notice do you have to give before moving in Georgia?
Once a custody judgment is in place, and unless a court order says otherwise, a parent who changes residence must give at least 30 days’ notice before the anticipated move, including the full address of the new residence.
How often can visitation be changed in Georgia?
The visitation or parenting time part of an order can be reviewed without showing a change in circumstances, but no more than once in each two-year period after the judgment. A new custody case based on a material change is not limited in the same way.
Do we need a parenting plan if we agree on everything?
Yes. A parenting plan is required for permanent custody and modification actions. Parents who agree can submit one jointly, and the final order incorporates a permanent plan.
How we researched this
We read 17 sources for this guide: nine sections of the Official Code of Georgia Annotated, the Georgia Legal Aid custody guide, the state courts’ self-help pages on custody and legitimation, the Administrative Office of the Courts’ legitimation FAQ, the Uniform Superior Court Rules, the Georgia Supreme Court’s Alternative Dispute Resolution Rules, one circuit’s standing order and one law firm article used for a quotation. We read the Code sections in the reprint on divorce.law, which labels the text verified current as of July 5, 2026, because the official code is hosted on Lexis. Every factual claim was checked against the passage it comes from before publishing, and a claim we could not trace to a source was cut. How our guides are written.
References
Law firm pages are cited for the quoted passages only.
- Georgia General Assembly. (2026). O.C.G.A. § 19-9-3, Discretion of court in custody disputes. Retrieved from https://divorce.law/
- Georgia General Assembly. (2026). O.C.G.A. § 19-9-1, Parenting plans. Retrieved from https://divorce.law/
- Georgia General Assembly. (2026). O.C.G.A. § 19-9-5, Agreements between parents on custody. Retrieved from https://divorce.law/
- Georgia General Assembly. (2026). O.C.G.A. § 19-9-6, Definitions of joint and sole custody. Retrieved from https://divorce.law/
- Georgia General Assembly. (2026). O.C.G.A. § 19-9-7, Visitation or parenting time and family violence. Retrieved from https://divorce.law/
- Georgia General Assembly. (2026). O.C.G.A. § 19-9-23, Complaints seeking a change of custody. Retrieved from https://divorce.law/
- Georgia General Assembly. (2026). O.C.G.A. § 19-9-61, Initial child custody jurisdiction. Retrieved from https://divorce.law/
- Georgia General Assembly. (2026). O.C.G.A. § 19-7-22, Petition for legitimation. Retrieved from https://divorce.law/
- Georgia General Assembly. (2026). O.C.G.A. § 19-7-25, Custody of a child born out of wedlock. Retrieved from https://divorce.law/
- Georgia Legal Aid. (n.d.). What should I know about child custody?. Retrieved from https://www.georgialegalaid.org/
- Judicial Council of Georgia, Administrative Office of the Courts. (n.d.). Child custody. Retrieved from https://georgiacourts.gov/
- Judicial Council of Georgia, Administrative Office of the Courts. (n.d.). Legitimation. Retrieved from https://georgiacourts.gov/
- Georgia Administrative Office of the Courts. (2025). Petition for Legitimation Packet FAQs and terms sheet. PDF Retrieved from https://assets.georgiacourts.gov/
- Council of Superior Court Judges of Georgia. (2025). Uniform Superior Court Rules. PDF Retrieved from https://assets.georgiacourts.gov/
- Supreme Court of Georgia. (2021). Alternative Dispute Resolution Rules. PDF Retrieved from https://godr.org/
- Mountain Judicial Circuit. (2022). Domestic Relations Standing Order. PDF Retrieved from https://mountain.georgiacourts.gov/
- Meriwether & Tharp, LLC. (2026). How Judges Decide Parenting Time and Decision-Making. Retrieved from https://mtlawoffice.com/
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