The law in plain words
Under O.C.G.A. 19-9-3, a Georgia judge decides custody on the child's best interest and welfare. The statute says neither the father nor the mother has a prima facie right to custody.
The types of custody
A Georgia judge can order four kinds of custody.
- Sole custody: one parent has custody, and the other gets visitation or parenting time.
- Joint legal custody: both parents share major decisions on school, health care, activities and religion.
- Joint physical custody: the child has substantially equal time with each parent.
- Joint custody: joint legal custody, joint physical custody, or both.
Joint legal custody can come without joint physical custody. The state's parenting plan form names a "primary physical custodian": the mother, the father or both.
Is Georgia a 50/50 state?
No. Section 19-9-3(a)(1) says there is no presumption for any form of custody, legal or physical. There is no presumption for either parent either.
A judge decides custody, never a jury. State policy still encourages continuing contact with both parents.
Two 2026 bills, Senate Bill 404 and House Bill 1431, would have made joint or equal custody the default. Neither passed.
The age 14 rule
Georgia gives older children a real say. How much depends on age.
| Child's age | What the child's wishes do | Can it reopen custody alone? |
|---|---|---|
| Under 11 | No set rule; the general factors apply | No |
| 11 to 13 | The judge must consider them, but they do not decide the case | No |
| 14 and older | The child chooses, unless that parent is not in the child's best interest | Yes, once every two years |
For a child of 11 to 13, the judge may order a trial period with the chosen parent. It can last up to six months.
The best-interest factors
Section 19-9-3(a)(3) lists 17 factors a judge may weigh, plus anything else relevant. In plain words, they cover:
- the love and bond between each parent and the child
- the child's ties to brothers, sisters, half- and stepsiblings
- each parent's ability to give love, guidance and education
- how well each parent knows the child and the child's needs
- food, clothing, medical care and daily basic needs
- a safe, nurturing home, not an expensive one
- continuity, and how long the child has lived somewhere stable
- the stability of each household and its support network
- each parent's mental and physical health
- involvement in school, social life and activities
- work schedules and flexibility to care for the child
- the child's record at home, school and in the community, and any special needs
- each parent's past parenting and likely future parenting
- willingness to support the child's relationship with the other parent
- any recommendation by a custody evaluator or guardian ad litem
- family violence, child abuse or criminal history
- substance abuse
If a party asks before the evidence closes, the judge must give written findings.
What makes a parent unfit for custody in Georgia?
Between two parents, Georgia has no single "unfit" test. The judge weighs the factors, and some carry heavy weight.
- family violence, or sexual, mental or physical child abuse
- criminal history
- substance abuse
- an unsafe home
- a pattern of blocking the child's relationship with the other parent
The judge may order a psychological custody evaluation. Where abuse or neglect is alleged, the judge may ask the Division of Family and Children Services to investigate each home.
Mothers' and fathers' rights
Married parents start equal. Section 19-9-3 says neither the mother nor the father has a prima facie right to custody.
Unmarried parents are different. Under O.C.G.A. 19-7-25, only the mother of a child born out of wedlock is entitled to custody. That lasts until the father legitimates the child and a court enters a different custody order.
If you were never married: legitimation
Legitimation gives an unmarried father legal standing to ask for custody or visitation. It does not award custody by itself.
He files a petition in the superior court of the county where the mother lives.
The mother must be served and can be heard. The judge grants legitimation only if it is in the child's best interest.
The petition can also ask for custody, visitation or parenting time. Even after paternity is set, custody stays with the mother until a court order says otherwise.
Signing the birth certificate is not legitimation. It is only evidence of paternity.
Older guides mention a legitimation acknowledgment form. That route closed in 2016, and only forms signed by June 30, 2016 still count.
A signed acknowledgment of paternity is not legitimation either. Either signer can cancel it within 60 days by filing Georgia's rescission form.
Family violence
Once a judge finds family violence, the safety of the child and the victim parent comes first.
- Leaving home to escape violence, for a reasonable time, is not abandonment of the child.
- Evidence counts even if no court has found violence before.
- Visitation for the parent who committed violence needs safety terms, such as supervision or protected exchanges.
- A victim cannot be ordered into joint counseling with the abuser.
- The judge can keep the address of the child and the victim confidential.
Emergency and temporary custody
For family violence, you can petition the superior court in the county where the other person lives. A petition can be made for yourself or for a child.
If the sworn petition shows probable cause, a judge can issue an ex parte order the same day. It can award temporary custody and set visitation.
A full hearing follows within 10 days if practical, and no later than 30 days. A protective order can last up to a year.
The petition form is SC-26. Coweta and Burke county clerks, for example, charge no fee to file one.
In an ordinary custody case, temporary custody is set at a temporary hearing. The other parent usually gets at least 15 days' notice.
Moving with your child
Unless a court order says otherwise, a parent who moves must give written notice to the other parent. A custodial parent must also notify anyone else with court-ordered visitation.
Notice is due at least 30 days before the move. It must include the full new address.
The statute does not set a test for approving a move. If a move affects the schedule, either parent can ask the court to revisit custody.
Changing a custody order
To change custody, you must show a material change in the circumstances of a parent or the child.
Parenting time is different. A court can review the visitation part without a material change, but only once every two years after the judgment.
- Where to file: since 2019, in the county where the other parent lives.
- How: as its own complaint, not as a reply to a contempt case.
- Clean hands: a parent who is wrongly withholding the child cannot bring a custody case while doing so.
Every modification case needs a parenting plan. A military deployment alone is not a material change.
How to file for custody in Georgia
Custody cases are heard in superior court. Georgia can usually make the first order if the child has lived there for the past six months.
- Married parents: custody is decided inside the divorce. It is filed where the other spouse lives, if they live in Georgia.
- Unmarried fathers: file a legitimation petition, with a custody claim, in the mother's county.
- File the complaint and serve the other parent.
- File a parenting plan that says where the child is every day of the year. If you skip it, the court may adopt the other parent's plan.
- Attend the parenting seminar if your circuit requires one. It runs up to four hours, and fees can be waived.
- Mediate if your circuit orders it. If money issues such as support are involved, serve your financial affidavit at least five days before.
The Judicial Council of Georgia's self-help pages have free forms and instructions.
How much does it cost to file for custody in GA?
Each county clerk sets the total. As of July 2024, Coweta County charged $215 and Burke County $218 for a domestic case.
Serving the other parent by sheriff costs extra, $50 per person in Coweta County.
If you cannot afford the fees, file a sworn pauper's affidavit, also called an affidavit of indigence. A judge decides whether to waive the costs.
What changed recently
Georgia's main custody section, 19-9-3, has not changed since at least 2022. The recent changes are around the edges.
- 2023: if a parent is indicted for killing the other parent, the court may decide custody at its discretion.
- 2025: protective orders can now cover household pets.
- 2025: grandparents granted visitation after a parent's death or jailing can ask to change it.
- 2026 bills that did not pass: joint custody defaults (SB 404, HB 1431) and a faster legitimation route (HB 1343).
Building the record
Many Georgia factors are about daily parenting. They include knowing the child's needs, school involvement and supporting the other parent's relationship. Each is answered with dated facts.
Note each school contact, each exchange and each refused visit as it happens. Casewell keeps those notes and the files behind them together, so a lawyer can read a clear timeline.
A clearer way to prepare
Come to court ready, not stressed.
Turn messages, receipts and everyday notes into a clear attorney-ready record.
New record
Late pickup
Pickup was scheduled for 5:00pm. The other parent arrived at 5:42pm.
Report ready
Your report is ready
Ready for your attorney or lawyer to review.
A Georgia factor-by-factor record
Georgia judges can weigh 17 factors. Keep these items current so your facts line up with them.
Keep the record Georgia's factors ask for
Casewell keeps dated entries on daily care, school contact and exchanges in one private place, with the messages behind them. Export the period a lawyer needs as a focused PDF.
What rights do fathers have in Georgia?
A married father has the same rights as the mother. An unmarried father must first legitimate the child through a superior court petition. He can then ask for custody or visitation.
What makes you unfit for custody of a child in GA?
There is no single test. Judges weigh family violence, child abuse, criminal history, substance abuse, an unsafe home and blocking the other parent's relationship.
What are the mother's rights to child custody in Georgia?
A married mother stands equal with the father. An unmarried mother has sole custody until the father legitimates the child and a court rules.
How much does it cost to file for custody in GA?
It depends on the county, often over $200. Coweta County charged $215 in 2024. A pauper's affidavit can waive fees if you cannot pay.
How do I file for full custody of my child in Georgia?
File in superior court and ask for sole custody in your parenting plan. There is no presumption either way, so the judge decides on the factors.
At what age can a child choose which parent to live with in Georgia?
At 14, the child's choice is presumed to stand unless that parent is not in the child's best interest. From 11 to 13, the judge considers the child's wishes.
Sources
This page summarizes the Official Code of Georgia, Title 19, and the Uniform Superior Court Rules as of October 2026. It explains the law in general terms and is not legal advice.
- O.C.G.A. 19-9-3 โ custody, best-interest factors and the child's choice checked
- O.C.G.A. 19-9-1 โ parenting plans checked
- O.C.G.A. 19-7-25 โ custody of a child born out of wedlock checked
- O.C.G.A. 19-7-22 โ legitimation petitions checked
- O.C.G.A. 19-13-4 โ family violence protective orders checked
- Judicial Council of Georgia โ child custody self-help checked
- Judicial Council of Georgia โ legitimation self-help checked
- Supreme Court of Georgia โ superior court standard forms checked