If you are a parent considering divorce in Georgia, child custody is likely one of your top concerns. Will you seek sole custody? Share custody with your ex-spouse? Pondering these questions in the face of uncertainty can cause a great deal of anxiety.
In order to soothe this anxiety, we’d like to provide parents with an overview of child custody laws in Georgia so they have a better idea of what to expect in this process.
Courts in this state recognize both legal and physical custody. Legal custody refers to each parent’s right to make life decisions concerning their children. Physical custody refers to the decision as to which parent a child will live with.
One or both parents may have legal and/or physical custody. For example, one parent can have sole physical custody (meaning the child lives only with that parent) and share joint legal custody with their co-parent (meaning both parents can make major life decisions on behalf of their child).
This is just one example of a possible arrangement. The courts will consider each family’s unique situation and ultimately decide on whatever arrangement best suits the child’s well-being.
Special considerations for older children
Georgia is a state that allows children aged 14 and older can choose which parent they’d like to live with. However, the judge has the power to overrule the decision if they feel it is not in the child’s best interests.
Seeking legal guidance for child custody cases
While getting an overview of child custody laws is a good place to start, these cases are very nuanced, and the outcome is heavily dependent on each family’s unique circumstances.
The best way to gain insight into your own custody case and forge a clear path forward is to consult with an experienced family law attorney.