When parents separate or divorce in Georgia, custody and visitation of their children must be determined. If the parents cannot come to an agreement without litigation, a judge will examine the child’s best interests and make a decision based on the circumstances.
Georgia recognizes two types of custody â€“ physical and legal. A parent with physical custody lives with the child. Parents can share physical custody (also known as joint custody) or one parent may have sole physical custody.
A parent with legal custody makes all the major medical, legal, educational, and religious decisions for their child. When there is joint legal custody, both parents have a say in all major decisions involving their children. In these cases, one parent will be designated the “primary custodial parent” which means they have the final say in decisions involving the child should there be a disagreement.Â
Georgia’s custody laws require a judge to keep the child’s best interests in mind and will always be the driver for determining custody and visitation agreements.Â