Reviewed August 2026
Child Custody in Georgia
In Georgia, Superior Court judges decide custody under O.C.G.A. § 19-9-3. The judge decides legal custody, the authority to make major decisions for the child, and physical custody, where the child lives. The standard is the child's best interest, welfare, and happiness. Georgia spells out an extensive set of best-interest factors in the statute itself, rather than leaving the standard to case law alone. These factors range from each parent's love and emotional bond with the child to any history of family violence or substance abuse. Georgia requires a parenting plan in every custody action, under O.C.G.A. § 19-9-1. This applies whether the case is contested or the parents agree. Georgia separately requires parents in most cases involving minor children to complete a court-approved parenting seminar under O.C.G.A. § 19-6-27, before a final decree can be entered. Georgia has no unified statewide family court; custody cases are filed in the Superior Court of the county where the case arises. An existing Georgia custody order can be changed later. But this requires a material change in condition or circumstances. That change must substantially affect the child's interest and welfare since the last order.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how child custody works under Georgia law for people researching before they file. It is not legal advice, and Virdix does not prepare or file Georgia paperwork. See how Virdix works for California divorces.
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Legal terms of art and the best-interest factors
Georgia separates legal custody from physical custody. Legal custody covers decisions about the child's education, health, extracurricular activities, and religious upbringing. Physical custody is where the child resides, plus the visitation or parenting-time schedule. O.C.G.A. § 19-9-3(a) lists an extended set of factors the court weighs, including the love, affection, and emotional ties between the child and each parent; each parent's capacity to provide for the child's needs; the child's home, school, and community record and any need for continuity; the mental and physical health of each parent; each parent's involvement in the child's life; each parent's willingness to facilitate a close relationship between the child and the other parent; and any history of family violence or child abuse.
If the child is 14 or older, the statute gives the child's expressed custodial preference controlling weight, unless the court finds the parent so selected is not fit. For children 11 to 13, the court considers the preference as one factor among others.
Where and how a custody case starts
Georgia has no single unified statewide family court. Custody actions are filed and heard in the Superior Court of the county where the plaintiff or defendant resides, the same court structure used for divorce. Custody tied to a divorce is raised inside the divorce complaint. A standalone custody or legitimation case for unmarried parents is filed once paternity is legally established. An unmarried father generally must legitimate the child before he has custody or visitation rights to assert. The Georgia Courts self-help resources portal publishes the current statewide divorce and custody forms, including a separate packet for cases involving minor children.
The mandatory parenting plan and parenting seminar
O.C.G.A. § 19-9-1 requires that a final judgment awarding custody include a parenting plan. The plan can be submitted by agreement of the parents, or ordered by the court after a contested hearing. It must address decision-making responsibility, a visitation schedule, and how disputes between the parents will be handled going forward. Separately, O.C.G.A. § 19-6-27 requires each parent in most Georgia cases involving minor children to complete a parent education program. This includes divorce and custody actions. The program must be approved by the Judicial Council of Georgia, and completed before a final decree can be entered, unless the court excuses attendance. Many Georgia Superior Courts also refer contested custody disputes to mediation, or another form of alternative dispute resolution. This happens as part of the county's local ADR program, before a case reaches trial.
Changing a custody order later
To modify an existing Georgia custody order, O.C.G.A. § 19-9-3(b) requires the parent seeking the change to show a material change in condition or circumstances. That change must substantially affect the interest and welfare of the child since the prior custody order. The court then reapplies the same best-interest factors used in the original case to decide whether and how to change custody. A modification action is filed as a new petition in the Superior Court. This is generally in the county where the child now resides, if that has changed since the original order. Georgia law also allows a child 14 or older to file to change their own custodial election, once every two years.
Sources: Georgia General Assembly (O.C.G.A. Title 19, Chapter 9, custody statute), Georgia Courts - Self-Help Resources, Family Law, Georgia Courts - Divorce with Minor Children forms
Not independently confirmed
- A direct link to the current O.C.G.A. § 19-9-1, § 19-9-3, and § 19-6-27 code text could not be independently confirmed as a live public URL pass; Georgia's official annotated code is distributed through a licensed publisher rather than a single free state-hosted statute database, so section numbers are stated from established Georgia family law but should be cross-checked against the current printed or licensed code before relying on them.
- Whether a specific Superior Court circuit mandates mediation for every contested custody case, versus offering it, was not confirmed circuit by circuit.
Child Custody in Georgia: frequently asked questions
What is the difference between legal and physical custody in Georgia?+
Legal custody is the authority to make major decisions about the child's education, health, and upbringing. Physical custody is where the child lives and the visitation schedule. Georgia courts can award either as sole to one parent or joint between both under O.C.G.A. § 19-9-3.
Does a Georgia child get to choose which parent they live with?+
A child who is 14 or older can select the custodial parent, and that choice controls unless the court finds the selected parent unfit. For a child between 11 and 13, the court considers the child's preference as one factor among the others listed in O.C.G.A. § 19-9-3. But it is not controlling.
Do Georgia parents have to take a parenting class?+
Yes. O.C.G.A. § 19-6-27 requires parents in most divorce and custody cases involving minor children to complete a Judicial Council of Georgia-approved parent education program. This must happen before a final decree is entered, unless the court excuses attendance.
Do I need a parenting plan in Georgia?+
Yes. O.C.G.A. § 19-9-1 requires every final custody judgment to include a parenting plan. The plan must address decision-making responsibility, a visitation schedule, and a process for resolving future disagreements. This applies whether the parents agree on the terms, or the court sets them after a hearing.
Where do I file for custody in Georgia?+
In the Superior Court of the Georgia county where the plaintiff or defendant resides. Georgia has no unified statewide family court, so custody is filed in the same general county Superior Court used for divorce. This happens either inside the divorce complaint, or as a standalone custody or legitimation action.
How do I change a Georgia custody order?+
File a modification petition in Superior Court, under O.C.G.A. § 19-9-3(b). You must show a material change in condition or circumstances, substantially affecting the child's interest and welfare since the last order. A child 14 or older can also file to change their own custodial election once every two years.
This page is general information about child custody in Georgia, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with Georgia's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in Georgia. Virdix does not prepare or file Georgia divorce paperwork. It is not a substitute for an attorney licensed in Georgia.
More Georgia divorce guides
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