File for Child Custody
Visit the Clerk’s Office of the Superior Court to begin child custody proceedings.
You can file a petition for child custody in your county's Superior Court.
If you're going through a divorce, custody will be addressed as part of your divorce case. After filing, you must serve the custody paperwork to the other party, typically through a sheriff's office or a certified process server.
Georgia law requires a parenting plan in all custody and visitation cases filed on or after January 1, 2008. A parenting plan outlines how parents will handle custody and visitation, including decision-making and parenting time.
If both parents agree, they may submit a joint parenting plan. If they don't agree, each parent must file a separate proposed plan. The court will review the plan and issue a final parenting plan order as part of a divorce decree for married parents or legitimation and custody order for unmarried parents.
There are two types of custody: physical and legal. Physical custody is where the child lives. Legal custody is the authority to make major decisions about the child's upbringing. In shared custody arrangements, one parent is typically designated as the primary custodial parent and may have final decision-making authority.
Custody orders generally remain in effect until the child turns 18. If circumstances change, either party may file a petition to modify custody. To do so, they must show a material change in circumstances that affects the child's well-being.
It is recommended that you seek legal advice before filing for custody. You can find an attorney through the State Bar of Georgia’s website.