Georgia Child Custody: Best Interest & Parenting Plans

Georgia decides custody — legal (decision-making) and physical (where the child lives) — by the best interest of the child (O.C.G.A. § 19-9-3). A permanent parenting plan is required (O.C.G.A. § 19-9-1). A child 14 or older may select the parent to live with, but the court follows that choice only if it serves the child's best interest.

This is general information, not legal advice. Custody turns on your family’s specific facts — talk to a Georgia attorney.

Georgia splits custody into two kinds and decides both by one overriding standard: the child’s best interest.

Legal vs. physical custody

Legal custody is the right to make major decisions about the child — education, health care, religion, and extracurriculars. Parents often share joint legal custody, sometimes with one parent as the final decision-maker on a given subject.
Physical custody is where the child primarily lives. It too can be joint or primarily with one parent, with the other having parenting time.

The best-interest standard

A judge decides custody by the best interest of the child (O.C.G.A. § 19-9-3), weighing factors such as each parent’s bond with the child, each parent’s capacity to provide care and a stable home, the child’s needs, and each parent’s involvement. There is no automatic preference for the mother or the father.

The parenting plan is required

Georgia requires a parenting plan in permanent custody cases (O.C.G.A. § 19-9-1). It must spell out where the child is on each day of the year, holiday and vacation schedules, transportation and exchanges, and how the parents will make decisions.

When a child’s preference counts

A child 14 or older has the right to select the parent to live with — but the choice is presumptive, not absolute: a judge can override it if that parent isn’t in the child’s best interest (O.C.G.A. § 19-9-3(a)(5)). For a child 11 to 13, the judge considers the child’s wishes but they are not controlling.

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Frequently asked questions

What's the difference between legal and physical custody in Georgia?

Legal custody is the authority to make major decisions (education, health, religion); physical custody is where the child primarily lives. Either can be joint or sole, and parents often share joint legal custody.

How does a Georgia judge decide custody?

By the best interest of the child (O.C.G.A. § 19-9-3). The judge weighs factors like each parent's bond with and ability to care for the child, the home environment, and each parent's involvement — there's no automatic preference for either parent.

Can my 14-year-old choose which parent to live with?

A child 14 or older has the right to select the parent to live with, but the selection is presumptive — the judge can override it if that parent isn't in the child's best interest (O.C.G.A. § 19-9-3(a)(5)). For ages 11–13, the child's wishes are considered but not controlling.

Related guides

Adoption in Georgia Georgia adoption is governed by O.C.G.A. Title 19, Chapter 8, which was comprehensively rewritten effective September 1, 2018. Adoption permanently transfers parental rights to the adopting parent. Stepparent adoption (O.C.G.A. § 19-8-6) is a common path and generally requires the other legal parent's consent or termination of their rights.

Alimony (Spousal Support) in Georgia Georgia alimony is support paid from one spouse to the other, and it's authorized but not automatic. A spouse whose adultery or desertion caused the separation can be barred from receiving it (O.C.G.A. § 19-6-1). When alimony is awarded, the court sets the amount using eight statutory factors (O.C.G.A. § 19-6-5), including the standard of living, length of the marriage, and each spouse's finances.

Child Support in Georgia Georgia uses the income shares model (O.C.G.A. § 19-6-15): both parents' incomes are combined, a basic support obligation is read from the statutory schedule, and it's divided between the parents in proportion to income. The Georgia Child Support Commission publishes an official online calculator. Specific schedule amounts and adjustments change with amendments — confirm the current statute.

Georgia Divorce: Grounds, Residency & Process Georgia allows divorce on any of 13 grounds (O.C.G.A. § 19-5-3) — 12 fault grounds plus the no-fault ground that the marriage is 'irretrievably broken.' A court can't grant a no-fault divorce until at least 30 days after service. A spouse must generally have lived in Georgia six months before filing (O.C.G.A. § 19-5-2).

Legitimation & Paternity in Georgia In Georgia, paternity and legitimation are different. A paternity action (O.C.G.A. § 19-7-43) establishes that a man is the biological father and can require him to pay support — but it does not give him custody or visitation. Legitimation (O.C.G.A. § 19-7-22) is the separate step that makes an unwed biological father a legal parent, with the right to seek custody and parenting time.

Property Division in a Georgia Divorce Georgia divides marital property by equitable distribution — a fair, not necessarily equal, split. This is a judge-made rule (from Stokes v. Stokes, 1980), not a single statute, and Georgia is not a community-property state. Marital property (acquired during the marriage) is divided; separate property (owned before marriage, or received by gift or inheritance) stays with its owner.

Child Custody in Georgia