Georgia's rule on child custody and parenting time turns on a feature the national template does not capture: Georgia uses Joint or sole legal custody and physical custody; parenting time / visitation schedules implement residential time.. Courts determine custody based on the best interests of the child, considering parental fitness, the child’s needs, stability, and any history of family violence. Joint custody is authorized when in the child’s best interests; there is no automatic equal physical-custody presumption. The controlling authority is Ga. Code Ann. §§ 19-9-1 to 19-9-7. Relocation: A custodial parent seeking to relocate generally must provide notice and may need court modification if the move would disrupt the existing parenting plan. Modification: A material change of condition affecting the child’s welfare is required to modify a final custody award.
Key takeaways
- Best-interests standard: Courts determine custody based on the best interests of the child, considering parental fitness, the child’s needs, stability, and any history of family violence.
- Labels used in Georgia: Joint or sole legal custody and physical custody; parenting time / visitation schedules implement residential time..
- Parenting-time posture: Joint custody is authorized when in the child’s best interests; there is no automatic equal physical-custody presumption.
- Relocation: A custodial parent seeking to relocate generally must provide notice and may need court modification if the move would disrupt the existing parenting plan.
- Modification: A material change of condition affecting the child’s welfare is required to modify a final custody award.
- Primary authority: Ga. Code Ann. §§ 19-9-1 to 19-9-7.
Worked example under Georgia law
The illustration below uses only rules already stated for Georgia. It is a research hypothetical, not a prediction of what a court will do.
Two parents in Georgia disagree about where the child lives during the school week, and one wants to move.
- Use the labels Georgia actually uses: Joint or sole legal custody and physical custody; parenting time / visitation schedules implement residential time..
- Apply the best-interests factors: Courts determine custody based on the best interests of the child, considering parental fitness, the child’s needs, stability, and any history of family violence.
- Check any parenting presumption: Joint custody is authorized when in the child’s best interests; there is no automatic equal physical-custody presumption.
- If a move is proposed: A custodial parent seeking to relocate generally must provide notice and may need court modification if the move would disrupt the existing parenting plan. Later changes follow: A material change of condition affecting the child’s welfare is required to modify a final custody award.
Custody is pleaded in the divorce or a standalone petition. Standing orders and mediation are common. Final decrees allocate legal and physical custody and a parenting-time calendar under § 19-9-3.
Best-interests factors in Georgia
Courts determine custody based on the best interests of the child, considering parental fitness, the child’s needs, stability, and any history of family violence.
Legal custody, physical custody, and parenting time
Joint or sole legal custody and physical custody; parenting time / visitation schedules implement residential time.
Joint custody is authorized when in the child’s best interests; there is no automatic equal physical-custody presumption.
Relocation with a child
A custodial parent seeking to relocate generally must provide notice and may need court modification if the move would disrupt the existing parenting plan.
Modifying a Georgia custody order
A material change of condition affecting the child’s welfare is required to modify a final custody award.
How custody cases typically move in Georgia
Custody is pleaded in the divorce or a standalone petition. Standing orders and mediation are common. Final decrees allocate legal and physical custody and a parenting-time calendar under § 19-9-3.
Related Georgia guides
Case law: custody and parenting time in Georgia
CLARK Et Al. v. WADE Et Al.; DRIVER Et Al. v. RAINES
CLARK Et Al. v. WADE Et Al.; DRIVER Et Al. v. RAINES, 273 Ga. 587 (2001)
Fletcher, Presiding Justice. In these two child custody disputes, the maternal grandparents challenge the trial court’s award of custody to the noncustodial father. The trial courts found in both cases that it would be in the best interest of each child to remain with his grandparents, but struck down the “best-interest-of-the-child” standard in OCGA § 19-7-1 (b.l)…
On child custody, CLARK Et Al. v. WADE Et Al.; DRIVER Et Al. v. RAINES speaks to the Georgia dispute in this passage: "Fletcher, Presiding Justice. In these two child custody disputes, the maternal grandparents challenge the trial court’s award of custody to the noncustodial father." The surrounding opinion shows how the court applied that language to the record.
Scott v. Scott
Scott v. Scott, 276 Ga. 372 (2003)
…ionary appeal to address whether a self-executing change of custody provision in the Scotts' divorce decree was permissible under Weaver v. Jones, 260 Ga. 493, 396 S.E.2d 890 (1990) and Pearce v. Pearce, 244 Ga. 69, 257 S.E.2d 904 (1979). For the reasons that follow, we find that the automatic custody change provision was not a permissible extension of Weaver and Pearce and sho…
On child custody, Scott v. Scott speaks to the Georgia dispute in this passage: "Scotts' divorce decree was permissible under Weaver v. Jones, 260 Ga. 493, 396 S.E.2d 890 (1990) and Pearce v. Pearce, 244 Ga. 69, 257 S.E.2d 904 (1979)." The surrounding opinion shows how the court applied that language to the record.
STILLS Et Al. v. JOHNSON Et Al.
STILLS Et Al. v. JOHNSON Et Al., 272 Ga. 645 (2000)
…for habeas corpus is the proper standard to be applied in a custody dispute between the paternal grandmother and the maternal uncle of the child, where neither relative is a parent as defined by Georgia law, and the child’s parent has transferred “parental power” to the grandmother pursuant to OCGA § 19-7-1 (b) (l).1 We hold that, in accordance with the development of the law i…
Practitioners open STILLS Et Al. v. JOHNSON Et Al. when Georgia child custody turns on the distinction in this sentence: "Georgia law, and the child’s parent has transferred “parental power” to the grandmother pursuant to OCGA § 19-7-1 (b) (l)." Do not lift it out of the facts the court was deciding.
Bodne v. Bodne
Bodne v. Bodne, 277 Ga. 445 (2003)
…orced in 1999. At the time of the divorce, primary physical custody of the two children was placed with Dr. Bodne with the parties agreeing to equally divide the time spent with the children. In 2001, Dr. Bodne, who had remarried and planned to move to Alabama, filed a petition to modify Ms. Bodne's visitation schedule to accommodate the out-of-state move. Ms. Bodne counterclai…
Georgia opinions such as Bodne v. Bodne are cited where child custody is disputed. The court stated: "At the time of the divorce, primary physical custody of the two children was placed with Dr. Bodne with the parties agreeing to equally divide the time spent with the children. In 2001, Dr. Bodne, who had remarried and planned to move to Alabama, filed a petition to modify Ms." That is the language to brief; the rest of the decision supplies the procedural posture.
Frequently asked questions
What does Georgia call “custody”?
Joint or sole legal custody and physical custody; parenting time / visitation schedules implement residential time.
Can I move out of state with my child?
A custodial parent seeking to relocate generally must provide notice and may need court modification if the move would disrupt the existing parenting plan.
How do I change an existing custody order in Georgia?
A material change of condition affecting the child’s welfare is required to modify a final custody award.
This guide covers Georgia custody law as of 2026. Verify the live statute and any local parenting-time guidelines before relying on this summary.