Georgia Parenting Plan
A Georgia parenting plan sets out legal custody, physical custody, and where the child will be each day, and Georgia requires a parenting plan in the final order in every case involving custody. Attorney review available.
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Introduction
A parenting plan is the written document Georgia parents use to set out legal custody, physical custody, and where a child will be each day, whether they are divorcing, were never married, or are changing an existing order. In Georgia a parenting plan is not optional: in every case in which custody is at issue between the parents, each parent must prepare a parenting plan, and the final order must incorporate a permanent parenting plan (Official Code of Georgia Annotated Section 19-9-1). Georgia uses plain custody terms. Legal custody is the authority to make major decisions for the child, and physical custody is where the child lives; a Georgia court may award sole custody, joint custody, joint legal custody, or joint physical custody. There is no prima-facie right to custody in either parent and no presumption in favor of any form of custody; the judge decides solely by the best interest of the child and what best promotes the child's welfare and happiness (Official Code of Georgia Annotated Section 19-9-3). A child who has reached age 14 has the right to select the parent to live with, and that selection is presumptive unless the court finds that parent is not in the child's best interest (Official Code of Georgia Annotated Section 19-9-3(a)(5)). The parenting plan must recognize that a close and continuing parent-child relationship serves the child, and it must set out where and when the child will be in each parent's physical care, designating where the child will spend each day of the year. DocDraft builds your Georgia parenting plan from your family's schedule, with attorney review available before you submit it to the court.
Key Things to Know
- 1
A parenting plan is a written document that sets out legal custody, physical custody, and where a child will be each day, used by Georgia parents who are divorcing, were never married, or are modifying an existing order.
- 2
In Georgia a parenting plan is required in every case in which custody is at issue; each parent prepares one and the final order must incorporate a permanent parenting plan (Official Code of Georgia Annotated Section 19-9-1).
- 3
Georgia awards legal custody and physical custody, which a court may make sole, joint, joint legal, or joint physical (Official Code of Georgia Annotated Section 19-9-3(a)(1)).
- 4
Georgia has no prima-facie right to custody in either parent and no presumption in favor of any form of custody; the judge decides solely by the best interest of the child (Official Code of Georgia Annotated Section 19-9-3(a)(1) and (2)).
- 5
A Georgia child who has reached age 14 has the right to select the parent to live with, and that selection is presumptive unless the court finds that parent is not in the child's best interest (Official Code of Georgia Annotated Section 19-9-3(a)(5)).
- 6
The Georgia parenting plan must set out where and when the child will be in each parent's physical care, designating where the child will spend each day of the year (Official Code of Georgia Annotated Section 19-9-1(b)).
- 7
If a Georgia court awards joint legal custody, the order must state how final decisions on the child's education, health, extracurricular activities, and religion will be made (Official Code of Georgia Annotated Section 19-9-3(a)(8)).
Key decisions before you file
Before you file a Parenting Plan in Georgia, a few decisions shape the document: which option to choose and what each one means. The Parenting Plan guide walks through them.
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Georgia Requirements for Parenting Plan
Legal and Physical Custody
Georgia awards legal custody, the authority to make major decisions for the child, and physical custody, where the child lives. A Georgia court may grant sole custody, joint custody, joint legal custody, or joint physical custody as appropriate (Official Code of Georgia Annotated Section 19-9-3(a)(1)).
Best Interest Standard, No Presumption
Georgia has no prima-facie right to custody in either parent and no presumption in favor of any particular form of custody, legal or physical. The judge decides solely by the best interest of the child and what will best promote the child's welfare and happiness (Official Code of Georgia Annotated Section 19-9-3(a)(1) and (2)).
Parenting Plan Is Required
In Georgia, in all cases in which custody is at issue between the parents, each parent must prepare a parenting plan, or the parties may jointly submit one; a plan is required for permanent custody and modification actions, and the final order must incorporate a permanent parenting plan (Official Code of Georgia Annotated Section 19-9-1).
Required Contents of the Plan
A Georgia parenting plan must recognize that a close and continuing parent-child relationship and continuity serve the child's best interest, that the child's needs change as the child matures, and that the parent with physical custody makes day-to-day and emergency decisions while the child is with that parent (Official Code of Georgia Annotated Section 19-9-1(b)).
Where the Child Will Be Each Day
Your Georgia parenting plan must set out where and when the child will be in each parent's physical care, designating where the child will spend each day of the year: the regular weekday and weekend routine, holidays, school breaks, and summer, plus exchanges and transportation (Official Code of Georgia Annotated Section 19-9-1(b)).
Joint Legal Custody Decision-Making
If a Georgia court awards joint legal custody, the order must set out the manner in which final decision-making on the child's education, health, extracurricular activities, religion, and any other important matter will be made (Official Code of Georgia Annotated Section 19-9-3(a)(8)). Your plan should state that decision-making arrangement clearly.
Child Age 14 Selection
In Georgia a child who has reached age 14 has the right to select the parent with whom to live, and that selection is presumptive unless the court finds the selected parent is not in the child's best interest. For a child 11 but not yet 14, the judge considers the child's desires but they are not controlling (Official Code of Georgia Annotated Section 19-9-3(a)(5) and (6)).
Incorporated Into the Final Order
Georgia does not use a single statewide Supreme Court parenting-plan form. The parents prepare the plan under Official Code of Georgia Annotated Section 19-9-1, and the court incorporates it into the final custody order; a separate order devoted only to the plan is not required unless the court orders it. The plan governs only once the court approves it.