The Way Custody Works in Georgia
Custody is divided into two areas: legal and physical. Physical custody is simple, as it refers primarily to with whom the child lives. Physical custody also means this parent will be obligated to care for the child’s physical, emotional, and social needs directly (e.g. food, shelter, community involvement, school transportation). Physical custody can be split, but because it puts an undue strain on the child, this is usually only true for parents who live nearby to each other.
Legal custody refers to the right to make decisions in the upbringing of a child. This includes how a child is educated, what religion the child is raised in, and decisions regarding non-emergency healthcare. Most courts prefer parents to have joint legal custody, even when a child spends the majority of their time with one parent. However, that is not always beneficial to the child.
There are many types of custody arrangements, including:
- Alternating—The parents alternate having sole physical and legal custody
- Shared—The parents share legal custody, but alternate physical custody
- Joint—Both parents have simultaneous physical and legal custody
- Sole—One parent alone has physical and legal custody
- Split—Parents each have full, sole custody over certain children in the marriage