Is joint custody the default?

Georgia courts consider multiple custody arrangements and choose based on the child's best interests [§ 19-9-3]. Joint custody is available but not automatically presumed — the court evaluates each family's specific circumstances.

At what age can a child choose which parent to live with?

Children's preferences are one factor courts consider [§ 19-9-3], but the weight given depends on the child's maturity and age. No specific age gives a child absolute choice — the court always evaluates best interests overall [§ 19-9-3].

How is child support calculated in Georgia?

Georgia uses an income-shares model [§ 19-6-15]. Based on combined adjusted gross income of both parents. The guideline amount can be adjusted based on specific circumstances.

What is a parenting plan?

A parenting plan is a detailed document outlining custody, visitation schedules, holiday allocation, decision-making authority, and communication protocols [§ 19-9-3]. Most courts require one before finalizing a divorce involving children.

Can I move out of state with my child?

Relocation with a child typically requires either the other parent's consent or court approval. The court evaluates whether the move serves the child's best interests ${cite(d, d.custodyCite)} and how it affects the other parent's relationship.

Topic guideUpdated 2026-02-27

Georgia Divorce With Children — Custody & Support

Custody, child support, and parenting plans when children are involved in an Georgia divorce

When children are involved, a Georgia divorce must address custody, visitation, and child support in addition to property division and spousal support. Courts prioritize the Best interests of the child in every decision §19-9-3.

💡The presence of children increases the complexity of a divorce. Both parents must provide financial disclosures, and the court requires a parenting plan before it will finalize the case.

How custody is determined §19-9-3

Courts determine custody based on the best interests of the child, considering factors including each parent's involvement, stability, and the child's wishes (if age 14+, the child's election is presumptive).

Types of custody

Legal custody — the right to make major decisions about the child's education, health care, and welfare
Physical custody — where the child lives day-to-day
Joint custody — both parents share legal custody, physical custody, or both
Sole custody — one parent has primary decision-making authority or residential time

Child support §19-6-15

Georgia uses an income-shares model to calculate child support.

Based on combined adjusted gross income of both parents
Worksheet calculates presumptive amount; deviations require written findings
Applies to children under 18, or through high school if under 20
Income can be withheld directly from the paying parent's employer §19-6-32

The parenting plan

Most Georgia courts require a written parenting plan that addresses:

Regular custody and visitation schedule
Holiday and vacation time allocation
Transportation arrangements and exchange locations
Decision-making authority for education, health, and extracurricular activities
Communication protocols between parents
Relocation restrictions and notice requirements

Temporary orders during the divorce §19-6-3

Courts may award temporary alimony, child support, and attorney fees pendente lite during the proceedings. Temporary custody and support orders typically remain in effect until the final decree is entered.

✓Document the current parenting arrangement before filing. Courts consider the existing status quo when making temporary and permanent custody decisions.

Modifying custody later

Custody may be modified upon showing a material change of condition affecting the welfare of the child since the last custody determination. §19-9-3

⚠If there is an immediate safety concern involving a child, the court can issue emergency orders on an expedited basis. Do not wait if a child's welfare is at risk.

Prepare for Your Consultation

Quick checklist (Family Law)

Bring what you have — missing items can be filled in later.

Current custody / support

orders (if any)

Key dates

and communications

Income / expense basics

(if support involved)

General preparation tips only. Procedures vary by court and issues.

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