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Who Gets Child Custody After Divorce?

How Does Child Custody Work in GA?

Georgia courts would prefer parents to come to an agreement on child custody. If the parents cannot agree, the judge will make a determination of custody based on the best interests of the child.

There is a specific list of factors outlined in the law, which the judge will use to determine custody. In order to decide what is in the best interests of the child(ren), the judge will look at safety concerns, emotional ties, each parent's capacity to parent, each parent's involvement, the child's election (if they are old enough), each parent's ability to co-parent, and any evaluations that have been performed.

Guardian Ad Litem

Since most courts are busy and do not have the time to perform an in-depth investigation on the child's well-being, many courts will appoint a Guardian Ad Litem (GAL) to analyze the case and create a report for the judge. The GAL can be anyone who has been trained and approved by the child advocate's office, but it is commonly a lawyer or other qualified legal professional.

Legal Custody

The 2 types of custody in Georgia are: legal custody and physical custody. Legal custody is concerned with decision-making authority over the child or children involved.

Both parents should discuss and attempt to come to an agreement on any major decisions concerning the child(ren). If the parents cannot agree, there are 4 main categories where there must be a final decision-maker: non-emergency medical, education, extracurricular activities, and religion. It is common for courts to award joint legal custody, with each parent having final decision-making authority on 2 categories.

Physical Custody


When most people hear of child custody, they think of physical custody, which is actual physical time spent with the child(ren). Both legal and physical custody are determined using the best interests of the child standard.

Georgia law has no preference for one parent over the other. As long as safety is not an issue, time spent with the child(ren) is usually split between the parents according to a parenting schedule. The types of physical custody are joint custody, primary custody, and sole custody.


Written by: Rebekah Ann James

Categories:

Child Custody
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