In the State of Georgia, there are two types of custody, legal and physical custody. Legal custody refers to the right to make decisions for the child including religious upbringing, medical, and educational decisions. Legal custody can be granted to either parent or for the parents to share joint legal custody. Physical custody refers to the right to live with the child. When one parent is granted sole physical custody of a child, the other parent can be granted regular visitation.
When a court determines custody of a child, they consider the best interests of the child. The court will review several factors to make a determination including, but not limited to:
If a determination of custody is made in a Georgia court, that court can modify the custody order. If circumstances change, one parent may ask the court to modify the prior order. In some circumstances, a two year limitation may apply.