Under Section 19-9-22 of the Georgia Code, legal custody refers to the person who is the primary caregiver of the children and has the legal authority to make decisions on their behalf regarding matters such as their education, development, healthcare, and religious upbringing. While the other parent may be allowed visitation, they do not have legal custody and must conform to the requirements set forth in the custody order.
It is a common misconception that in family law cases, the mother is automatically granted full custody of the child, while the father gets occasional weeknight, every other weekend visitation.
This may have been true in previous generations, but Georgia child custody laws now consider it in the child’s best interests for both parents to take a more active role.
Time-sharing arrangements are encouraged, and according to child custody laws in Georgia, parenting plans for child custody and visitation must be submitted, which include:
Physical custody refers to where the child resides. One parent may have sole physical custody, with the other receiving scheduled visitation rights. Or, both parents may share physical custody, which means the child lives with each parent a portion of the time.
When deciding issues regarding child custody, courts in Georgia will consider the best interests of the child and the environment that will provide the most stability.
Georgia family courts consider many factors, including:
A child over 14 years of age may wield substantial influence over a court's decision to choose which parent will have primary custody. Remember, the court considers it important for a child to maintain a relationship with both parents. Therefore, visitation rights are still awarded to the parent who is not given primary custody of the child.
In Georgia child custody proceedings, there are several issues that need to be resolved. These include the right to physical custody of the children and other custodial rights that allow you to take an active role in the various areas of their lives.
Physical Custody and Custodial Rights in Georgia
Physical custody refers to where the child lives and the rights of parents to visitation. Under Section 19-9-3 of the Georgia Code, neither the mother nor the father has automatic rights to physical custody. Instead, this is decided based on input from both parents, their attorneys, and the judge in the case. A custody order will dictate where the child lives and the rights to visitation on weeknights, weekends, and during school breaks, holidays, or other special occasions.
In addition to physical custody, the custody rights of each parent will be addressed in the order. This will dictate whether the parent has the right to visit the children at school or recreational functions, and the amount of input they have in matters relating to the children’s education, development, and religious upbringing.
Joint Legal Custody
In addition to joint physical custody, in which both parents are responsible for the child’s care and supervision, the custody order may grant both parents authority in making decisions that impact their children’s lives. Under Section 19-9-6 of the Georgia Code, joint legal custody means that both parents have the right to make legal decisions regarding their children’s care and upbringing, which includes:
In order for these types of plans to work, each party must be able to lay aside their differences and cooperate with one another, putting their role as parents and their children first.
In Georgia child custody cases in which joint physical custody is not shared, one parent may have primary custody while the other has visitation. This may be due to the children’s ages, where the parents live, or in response to the non-custodial parent’s work schedule or lifestyle. Visitation rights often include provisions for mid-week visits, overnight stays on the weekend, and extended visitation over holidays, school breaks, and other special occasions.
Parenting time in Georgia child custody cases is generally determined by the judge, factoring in any parenting agreements between the parents. Parenting time guidelines are dictated by the court and go into extensive detail, outlining the amount of day-to-day involvement each parent will have with the children.
Under the Georgia Code (O.C.G.A. 19-9-1), parents in child custody disputes are required to submit a parenting plan to the court. In effect, these act as a parenting agreement, outlining living arrangements and regular visitation, in addition to scheduling time for the parents to spend with the children over holidays, school breaks, and special occasions.
Details to include as part of this plan are:
The primary reason a parenting plan is required is to maintain the peace. In other words, if the parties should disagree, the parenting plan will be used by law enforcement. If one of the parties is convinced the parenting plan is not in the best interest of the children, except in very limited situations, they will have to go back to court to get the judge to modify or change the parenting plan.
Through their attorneys, parents may devise a joint parenting agreement to submit to the court, or they may issue individual plans for the judge’s consideration. The parenting plan should include provisions for living arrangements and visitation schedules, along with legal authority for making decisions impacting the children. In child custody proceedings, temporary hearings, and custody modifications, the court will incorporate parental agreements as part of the child custody order.
In child custody disputes, when one parent demeans the other or keeps him or her from seeing the children, parental alienation can occur. This type of behavior can escalate to the point of causing parental abandonment and is a factor the court will consider when making custody determinations.
In cases in which divorced or unmarried couples hold hard feelings toward each other, these attitudes can easily be conveyed toward the children. This can lead to parental alienation, harming the parent/child relationship. These attitudes can also be a force in pushing the other parent towards parental abandonment.
It is in the children’s best interests to have both parents play an active and engaged role in their lives. Under Section 19-9-3 of the Georgia Code, not taking the steps necessary to encourage a healthy relationship between the other parent and your children, causing parental alienation, could negatively impact your rights to custody and visitation during court proceedings.
These cases can be the most difficult to prove. It takes careful planning and preparation. Hiring an experienced family law attorney can make a difference.
Our managing partner, Randy Sabatini, is especially well-known and has earned a stellar reputation for child custody cases. In addition, firm founder, Mary Stearns-Montgomery, has served as a guardian ad litem in Georgia and has extensive experience representing the best interests of children in family law matters.
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