Gerstenberger Law Firm Douglasville GAWhile divorce is emotionally painful for all parties involved, special care should be given to lessen the impact on children. While all state courts consider the best interest of the child when making child custody determinations, it’s best to work with an attorney who is familiar with Georgia child custody laws.

In the state of Georgia, the law defines both parents as equals in the child custody arrangements. The court may award sole custody or joint custody. Under Georgia law there are two types of custody awarded: legal custody and physical custody. Let’s take a glance at the types of child custody recognized under Georgia Law:

SOLE CUSTODY – The child will live with and be under the supervision of one parent. The non-custodial parent has no legal authority over the child. The presiding judge will review any visitation plan for the non-custodial parent and may or may not grant approval.

LEGAL CUSTODY – Legal custody awards the right to make major decisions regarding the child such as medical, educational and religious decisions. Joint legal custody gives both parents equal rights and responsibilities to make major decisions regarding the child, however, one parent is granted Physical Custodian/Custodial Parent.

PHYSICAL CUSTODY – Physical custody refers to which parent the child resides with. In the event of joint physical custody, both parents will work together raising the child and have relatively equal periods of physical custody. Parents will make major decisions together and share legal custody of the child. The presiding judge may order joint legal custody, joint physical custody, or both.

A divorce is never easy, however when children are involved it can be much more emotional and distressing. Stay tuned for part 2 of this series, Divorce and Georgia Child Custody Laws. For more information regarding child custody laws and advice regarding your specific situation, contact Gerstenberger Law at (770) 920-7722.



The information found on the Gerstenberger Law site is for educational purposes only. Your situation and the situation of others is unique and more complex. This is neither legal advice nor to be considered legal advice. Contact us for advice about your specific situation.

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