Updated September 21, 2023
A Georgia custody (parenting) plan is a detailed document outlining all the terms of childcare for a minor during divorce proceedings. Also known as a custody order, it includes scheduling between the parents, each of their responsibilities, decision-making authority, and more. Once approved by the court, the terms of the parenting plan remain in place until the child turns 18.
Child Custody Factors
In determining the best interest of the child, Georgia family courts are required to consider a total of 17 factors, including:[1]
- The existing relationship between the child and each parent
- Each parent’s knowledge and familiarity of the child and their needs
- The type of home environment that each parent can provide
- Each parent’s involvement in the child’s educational, social, and extracurricular activities
- The mental and physical health of each parent
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How to File for Custody in Georgia
1. Agree on Parenting Plan
The parents of any case involving the custody of a minor child are legally required to provide a parenting plan.[2] The parents should decide whether to file for joint or sole custody and try to reach an agreement on other relevant terms involving childcare responsibilities and decision-making authority.
2. Calculate Child Support
In Georgia, child support uses the shared income model, which adds together the parents’ gross income to determine the amount required to support each minor child under their custody.[3]
Parents can use the Georgia Child Support Calculator to estimate the amount that will be ordered by the court.
3. Complete and File the Form
If the parents are in agreement about the arrangement, they can draft the parenting plan together for the court to approve. However, if the parents cannot cooperate, each parent should create a proposed parenting plan and submit it to the court before the date set by the court.
4. Attend the Hearings
While some undisputed custody cases end in settlement before the first hearing, others require several hearings until the parents reach a settlement or the case goes to trial. If each parent has submitted their own proposed parenting plan, the court may approve one plan in its entirety or incorporate parts of both plans into a new one based on the child’s best interest.
5. Receive Court Order
After reviewing all evidence and testimonies, the court will issue a final order that binds both parents until the child turns 18. If both parties are still unable to reach a settlement, the judge will typically issue a temporary custody order, assign a court-appointed guardian, or order alternate methods of dispute resolution for the parents.
Custody Laws
- Child Custody Intrastate Jurisdiction Act: Title 19, Chapter 9, Article 2
- Child’s preference: Children between ages 11 and 14 can share their custody preference with the court. (§ 19-9-3(6)). Children ages 14 and older can file an Affidavit of Custody Election to select which parent they want to live with.
- Parenting plan requirements: § 19-9-1
- Uniform Child Custody Jurisdiction and Enforcement Act: Title 19, Chapter 9, Article 3
- Visitation: Ga. Code Ann., § 19.9.3
Related Forms
