Georgia
Custody and child support in Georgia: how it actually works Custody and child support in Georgia: how it actually works
Custody and child support in Georgia: how it actually works
Georgia custody law has a feature that startles parents from other states: at age fourteen, a child may elect which parent to live with — a selection that's presumptive, subject only to the judge finding that the child's choice is contrary to their best interests. Children ages eleven to thirteen can have their wishes formally considered too, with the judge holding full discretion. No other state in our footprint hands children this much voice. If you're litigating custody in Georgia with a child approaching age fourteen, that birthday is a legal event — and both sides know it.
How Georgia courts decide
Under OCGA § 19-9-3, custody runs on the best interests of the child with an extensive factor list: each parent's bond with the child, capacity to provide, home environment stability, involvement in the child's education and activities, work schedules, each parent's willingness to foster the child's relationship with the other parent, any history of family violence or substance abuse, and more. No presumption favors either parent and Georgia has no statutory presumption of equal parenting time.
Georgia splits custody into legal (the right to the child's information and to be involved in major decisions — education, health, religion, extracurriculars) and physical (where the child lives the majority of the time). Joint legal custody is common, and Georgia Parenting Plans must designate a tie-breaking plan (to resolve disputes) for each major decision category — a distinctive Georgia requirement that prevents deadlock by design. Every Georgia custody case requires a Parenting Plan..
How Georgia child support works — including the 2026 changes
GGeorgia calculates support under OCGA § 19-6-15 on an 'income-shares model' using combined gross monthly income. And Georgia just renovated the system: effective January 1, 2026, a revised worksheet took effect, the parenting-time adjustment became mandatory whenever a Court order includes parenting time and a mandatory low-income adjustment replaced the old discretionary version. Translation for real cases: parenting time now moves Georgia support numbers as a matter of law, not judicial mood — which couples the schedule negotiation to the support negotiation more tightly than ever. Existing orders don't update automatically; a modification filing is required to capture the new rules. The full mechanics: child support in Georgia.
When things change
Georgia modifications run on material changes — with special rules, including the age-14 election itself operating as grounds to revisit custody, and Georgia's distinctive limits on how frequently support can be modified. Details: modifications in Georgia. Relocation in Georgia is pure case law — no statute — and the analysis may surprise you: relocation in Georgia.
Georgia custody, handled seriously
From our Atlanta office, Brown Carrington handles Georgia custody and support at every level of conflict — including the cases that turn on an election, an evaluation, or a courtroom.
Straight answers.
Does my 14-year-old really get to choose in Georgia?
Nearly — the election is presumptive unless the judge finds the chosen parent unfit or the choice contrary to the child's best interests. It's the strongest child-preference rule in our six states, and it reshapes cases.
Is Georgia a 50/50 custody state?
No presumption exists either way — equal schedules happen by agreement or evidence. The 2026 support changes do make overnights financially consequential in every case.
Do grandparents have rights in Georgia?
Georgia provides grandparent visitation statutes and equitable-caregiver status in defined circumstances — real but demanding standards, litigated on evidence.
Services
Child Custody & Support
Child Custody & Support in Georgia. Custody and Child Support in Georgia: How It Actually Works
Learn moreParenting plans
Parenting Plans in Georgia. Parenting Plans in Georgia: Mandatory, With a Feature Worth Stealing
Learn moreRelocation & Moving with a Child
Relocation & Moving in Georgia. Relocation and Moving With a Child in Georgia
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Jill Massey
Partner