Understanding Family Law In Georgia: Child Custody And Visitation

Does Shared Or Joint Custody In Georgia Mean Each Parent Will Have Equal Time With The Children?

Whether each parent has equal time with a child in the State of Georgia depends on what type of custody is being referred to. There are two kinds in Georgia – legal and physical.

Legal custody refers to the custodianship of legal authority and responsibility, such as who makes decisions for a child. Physical custody refers to the custodianship of things pertaining to residence or time spent with the parent in question.

Both types of custody can be shared between the two parents, but it depends on the individual case and the judge’s ruling. Having shared physical custody does not necessarily mean time will be spent perfectly equally between the two parents.

Can Custody And Visitation Ever Be Changed In Georgia?

Custody and visitation can be changed in Georgia.

If you can show that a change of material circumstance has occurred, you can request to change custody and visitation at any time. You can request a review and modification of parenting time up to once every two years without showing a change of circumstances.

I Want To Relocate With My Child To Another State Or County Within Georgia. Will The Georgia Court Grant A Petition To Relocate?

The State of Georgia grants petitions and approves relocation requests, but you must notify the other party 30 days before moving. This statute applies regardless of how close your new residence may be to your current residence: if you move across the street, you are still supposed to give the other party 30 days’ notice.

Doing this is imperative because you risk the other party filing a motion for contempt if you do not and, if the court finds you in contempt, you could go to jail.

If you move to a place where you can keep up the visitation as ordered, you do not have to apply for modification of the order. You simply notify the other parent you are moving. If you move further away and cannot keep up the visitation as ordered, you should file for a modification. Many parents do not and risk a contempt citation for not allowing visitation.