Georgia Child Custody Law Answers

Georgia Child Custody Law


The Judge may consider the following factors when it comes to making decisions concerning your Child Custody Case.

  • The bonding and emotional ties that exist between each parent and the child
  • The length of time the child has lived in the current home and whether that environment is stable and satisfactory
  • The mental and physical health of each parent
  • Evidence of family violence, child abuse, substance abuse or criminal history of either parent
  • The ability of each parent to meet the educational needs of the child
  • The ability of each parent to provide the child with food, clothing, and medical care
  • Each parent’s involvement in the child’s educational, social and extracurricular activities

Physical and Legal custody?

Physical and Legal Custody explained - Child Custody Law in Georgia

There are two types of custody under Georgia law: physical and legal. Physical custody determines the parent with whom the child lives. Legal custody determines who makes major decisions concerning the child, including the child’s education, health care, extra curricular activities and religious training.

In Georgia, children who are 14 years or older often make a custody election about which parent they would prefer to live with. However, a judge can overrule the custody election if the judge decides that living with the childs preferred parent is not in the childs best interests.

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