Georgia Custody & Parenting
Current, source-linked Georgia custody terminology and rules without imported out-of-state formulas.
Georgia terminology
Legal custody
The right to make major decisions for the child (medical, religious, educational).
Physical custody
Where the child actually lives and receives day-to-day care — sole or joint.
Joint custody
Both parents share legal and/or physical custody when it is in the child's best interest.
Best interests
The standard; decided on all relevant factors (O.C.G.A. 19-9-3).
Core rules
- There is no presumption for or against either parent in a custody action between parents
- Custody is decided on the child's best interests by considering all relevant factors (O.C.G.A. 19-9-3)
- Georgia encourages continuing contact with both parents
- No party receives a preference based on gender
- There is no fixed 50/50 presumption and no overnight formula that converts a schedule into a custody right
- In contested cases the court may require mediation
Support and modification cautions
Georgia uses the Income Shares model for child support — not a flat percentage of one parent's income. The court combines both parents' adjusted gross income and reads the basic obligation from the schedule (O.C.G.A. 19-6-15), with a $100/month minimum for one child (+$50 each additional). A custody order may be modified upon a material change in circumstances that makes modification serve the child's best interest.
Always confirm current local forms, fees, and filing procedure with the Georgia Superior Court clerk handling your case.