Child Custody
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.
Under Section 19-9-3 of the Georgia Code, physical custody refers to where the child lives and the rights of the parents to visitation. Neither parent has automatic rights to physical custody.
How is Child Custody Determined?
The courts will make a decision that is in in the best interests of the minor child. While making the decision of custody, the courts may consider many factors including the following:
- Safety of child
- Any history of abuse
- Age and sex of the child
- Parents ability to care for the child
- Parents ability to co-parent
- Wishes of child
In Georgia, parenting plans are required for any case regarding child custody such a divorces and legitimations. Parenting plans act as an order to set forth custody, visitation, holidays, summer visitation, exchange locations, special occasions and methods of communications.
Section 19-9-3(a)(5) of the Georgia Code allows children aged 14 and older to choose their custodial parent. The Court may deny the child’s choice if it deems that their decision is not in their best interests. Additionally, children between the ages of 11 and 14 may also make a request to live with a specific parent.
