Georgia Custody and Parenting Plans

Georgia requires a parenting plan in every permanent custody case under O.C.G.A. § 19-9-1. Whether you're divorcing or establishing custody through a parentage action, understanding Georgia's 17 best interest factors and recent legislative changes is essential for creating a plan that serves your child's welfare.

This comprehensive guide walks you through Georgia's custody framework, the 2025-2026 legislative updates, mandatory parenting plan elements, and step-by-step guidance for building a court-compliant parenting plan.

Georgia's Parenting Plan Requirement

Under O.C.G.A. § 19-9-1, parenting plans are mandatory:

• Each parent must prepare a parenting plan, or parties may jointly submit one
• The court has discretion on when to require submission
• Parenting plans are required for permanent custody and modification actions
• Courts may require plans for temporary hearings at their discretion
• The final order must incorporate a permanent parenting plan

What Your Parenting Plan Must Include

A Georgia parenting plan must address all factors relevant to caring for your children:

• Physical custody schedule: Daily living arrangements for weekdays and weekends
• Holiday and vacation schedule: Specific provisions for major holidays, school breaks, and summer
• Decision-making authority: Who makes decisions about education, healthcare, extracurricular activities, and religious upbringing
• Transportation and exchanges: Who provides transportation and where exchanges occur
• Communication provisions: How parents will communicate about the child and with the child during the other parent's time
• Dispute resolution: Methods for resolving disagreements (mediation, parenting coordinator, etc.)
• Relocation provisions: Notice requirements if a parent intends to move

The 17 Best Interest Factors

Under O.C.G.A. § 19-9-3, Georgia courts consider 17 factors when determining custody. There is no presumption in favor of either parent and no presumption for any particular custody form.

Key Best Interest Factors

• Love, affection, bonding, and emotional ties between each parent and child
• Each parent's capacity and willingness to give the child love, affection, guidance, and education
• Each parent's knowledge and familiarity with the child and the child's needs
• Each parent's capacity to provide food, clothing, medical care, and other material needs
• Home environment of each parent and safety considerations
• The importance of continuity in the child's life and stability of proposed arrangements
• The mental and physical health of each parent
• Each parent's involvement in the child's educational, social, and extracurricular activities
• Each parent's employment schedule and flexibility
• Each parent's willingness to facilitate and encourage a close relationship with the other parent
• Any history of family violence or substance abuse
• The child's preference (if age 14+, child may elect the parent with whom to live, subject to court approval)

Important: Judges decide custody in Georgia—not juries. The judge applies these best interest factors after hearing evidence from both parties.

Need a Detailed Schedule Analysis?

The schedule calculator above gives you a quick overview. For a comprehensive analysis covering the 2026 mandatory Schedule C formula, child support implications, and deviation factors, get your full Georgia parenting plan analysis here.

2025-2026 Legislative Changes

Georgia has enacted significant changes affecting custody and child support:

July 1, 2025 Changes

• Updates to how custody disputes and protective orders are handled
• Changes to child neglect case procedures
• Clarifications on custody rights and parenting plan requirements

January 1, 2026 Child Support Changes

• Mandatory parenting time adjustment: Previously a discretionary deviation, now required when a custody order includes court-ordered parenting time (calculated on Schedule C)
• Mandatory low-income adjustment: Replaces the previous discretionary deviation with a standardized adjustment table
• VA disability benefits credit: If a child receives veterans' benefits through a parent, those payments may be credited toward that parent's support obligation

Note: Existing orders do not automatically change when new laws take effect. Parents must file modification requests to apply the 2026 changes to their cases.

Child Support and Parenting Time

Georgia uses the Income Shares model under O.C.G.A. § 19-6-15. Your parenting time arrangement affects support calculations, especially after the 2026 mandatory parenting time adjustment takes effect.

Key Support Features

• Combined income cap: $40,000/month (raised effective July 1, 2024)
• Minimum order: $100/month for one child (through December 31, 2025)
• Official calculator: The Georgia Child Support Calculator is required for court filings
• Support duration: Until age 18 (or through high school graduation if still enrolled)
• Interest on arrears: 7% annually

Parenting Seminars and Mediation

Georgia courts commonly require:

• Parenting seminars: Under USCR 24.8, many circuits require a parenting seminar (up to 4 hours) for cases with minor children; judges may withhold the final decree until completion
• Mediation: Georgia's Court-Connected ADR Act authorizes mediation programs; many counties require mediation before a final hearing unless the judge grants a waiver
• Guardian ad litem: Courts may appoint a GAL to investigate and make custody recommendations (USCR 24.9)

When Children Can Choose

Georgia has specific rules about a child's custody preference:

• Age 14 and older: The child has the right to elect which parent to live with, subject to court approval based on best interests
• Ages 11-13: The child's preference is considered but not controlling
• Under age 11: The child's preference may be considered as one factor among many

Modifying Custody Orders

Under O.C.G.A. § 19-9-3, modifying custody requires:

• Material change in circumstances: Something significant must have changed since the original order — check if you qualify
• Best interest determination: The modification must serve the child's best interests
• Revised parenting plan: A new parenting plan is required for the modification order
• Two-year bar on support modifications: Generally cannot file successive modification petitions within two years (with statutory exceptions)

Key Takeaways

• Parenting plan required: Every permanent custody case must include a parenting plan
• 17 best interest factors: Courts evaluate all factors; no presumption for either parent
• Judge decides custody: No jury trials for custody matters
• Age 14 election: Children 14+ can elect their custodial parent, subject to court approval
• 2026 support changes: Mandatory parenting time and low-income adjustments take effect January 1, 2026
• Parenting seminars: Many circuits require seminars; completion may be required before final decree
• $40,000 income cap: Combined monthly income cap for child support calculations
• Material change required: Custody modifications need proof of material change in circumstances

For general information about divorce processes, see our guide to fault vs. no-fault divorce. For help organizing your case, review our divorce document checklist.