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Custody (Legal and Physical) can be agreed to in an uncontested divorce case, or decided by the Court in a contested divorce case.
In Georgia divorce and family law cases, there are two types of child custody: legal custody and physical custody.
In almost all cases both of the custody types are shared between the parents. However, some child custody cases do involve grandparents, uncles, aunts and non-family members depending on the circumstances. In this article, we will mostly discuss issues that affect parents in child custody cases.
Physical Child Custody in Georgia
In most cases, physical custody is also shared. However, usually there is one parent designated as the primary physical custodian and the other parent receives secondary physical custody. The primary physical custodian is also the parent that will usually receive child support if child support is to be paid, so this can be a very important distinction in a custody matter.
The courts determine physical custody based on several factors, including, most importantly, who has been the child’s primary care giver while the parents were together. As mentioned, in most cases the parents are awarded joint custody of the children, legal joint custody. Joint physical custody is typically an arrangement where the parents try to share equal parenting time. To make joint physical custody work, the parents have to be willing to work together and should be accepting of the idea that they will be interacting with their ex-spouse for some time.
If joint custody is not given, then that means one of the parents has sole custody. Sole custody is very unusual and it means that all of the custodial rights are assigned to one parent and the other parent has no rights. Frequently, sole custody will result in one parent having the child with them on a daily basis, and the child always sleeps in the same home every night. However, the other parent can still have generous and frequent visitation.
Having sole custody does not mean that the other parent is free from their obligations, such as child support. If the child is fourteen (14) years old, then they will be able to choose the parent that they want to live with. In some cases, the parent that is not selected may be able to present evidence as to why the child’s choice is not in their best interest. However it is unlikely that the court will go against the child’s choice in most cases.
Legal Child Custody in Georgia
Typically, the parents are awarded joint legal custody, which means that the parents must share in all of the decision making in regards to the children and that the parents have equal rights to the child’s medical and educational records. In the case of the parents not being to make a joint decision, one parent will be awarded final decision making authority which allows that patent to ultimately break the stalemate on the issue. Typically, final decision-making goes to the parent who has primary physical custody.
In Georgia, legal custody refers to a parent’s right to make major decisions for a child regarding important aspects of their life, such as education, healthcare, religion, and extracurricular activities.
Types of Legal Custody in Georgia
- Sole Legal Custody: One parent has the exclusive right to make major decisions for the child.
- Joint Legal Custody: Both parents share decision-making responsibilities, though the court may grant one parent final decision-making authority in specific areas.
Decision-Making Authority
In joint legal custody, the Court typically divides decision-making authority into four (4) major categories:
- Education: Which includes, but is not limited to: School choice, tutoring, special needs accommodations.
- Healthcare (Non-Emergency): Doctors, Dentists, Medical treatment, therapy, insurance.
- Religion: Religious upbringing, practices. This can sometimes overlap with education for private schools.
- Extracurricular Activities: Sports, clubs, camps, and other activities. This can also include, but not be limited to: music lessons, swimming, school activities, chess, etc.
However this list can be expanded to include the right to choose child-care providers in most Georgia uncontested divorces.
If parents cannot reach an agreement, the parent with final decision-making authority in a particular category has the last word.
Factors the Court Considers in Legal Custody Decisions
The court determines custody based on the best interests of the child, considering:
- Each parent’s ability to provide a stable home.
- The child’s relationship with each parent.
- Each parent’s involvement in the child’s life.
- Any history of domestic violence, substance abuse, or neglect.
- The child’s preference (if 11 or older, with more weight given at 14+).
- Modification of Legal Custody
- Legal custody orders can be modified if there is a substantial change in circumstances, such as one parent becoming unfit or a significant relocation.
See O.C.G.A. § 19-9-3 for more information.
Child Support Does Not Affect Child Custody and Visitation Rights
It is also important to understand that in Georgia, child support does not affect child custody and visitation rights, meaning that if a parent did not pay their child support they are still able to visit their child on the court ordered visiting times. Using visitation rights as leverage for child support is not something that the court will approve and can be an independent basis for contempt, separate from the non-payment of child support by the other party.
Modification of Child Custody in Georgia
It is possible for child custody to be changed through the legal process of obtaining a modification. And frequently a modification of child custody will also include a modification of child support. The person that wants to modify child custody has to prove that the custodial person is no longer able to care for the children or that it is no longer in the child’s best interest for the other party to be the primary physical custodian.
There is no time frame in which a parent must wait to file a custody modification. However, the parent requesting the change does need to show that there is enough of a change in the situation that a modification of custody is warranted. Although custody modifications can be uncontested or settled before a trial, ultimately the court will have to approve any child custody modification and issue the order finally deciding the matter.
Give us a call at 470-947-2471 to arrange a confidential consultation with one of our experienced Georgia uncontested divorce attorneys.
Georgia Areas We Serve
Coleman Legal Group, LLC’s Georgia uncontested divorce attorneys handles cases in the following cities and communities: Atlanta, Alpharetta, Roswell, Johns Creek, Milton, Cumming, Sharon Springs, Marietta, Sandy Springs, Woodstock, Canton, Holly Springs, Douglasville, Kennesaw, Gainesville, Norcross, Lawrenceville, Midtown, Inman Park, Duluth, Buckhead, Dunwoody, Vinings, East Cobb and Smyrna.
Our Georgia uncontested divorce lawyers frequently handle cases for clients residing in the following counties: Fulton, Gwinnett, Forsyth, Cobb, DeKalb, Henry, Cherokee, Douglas, Carroll, Coweta, Paulding, Bartow, Hall, Barrow, Walton, Newton, Rockdale, Henry, Spalding, Fayette and Clayton.
Our main office is located in Alpharetta Georgia at: 11539 Park Woods Circle, Suite 304, Alpharetta, GA 30005.
We also have offices conveniently located at:
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Updated: 2026-06-24
