How custody works in Georgia and how to build your case

On Behalf of | May 16, 2025 | Child Custody

It’s an understatement to say that going through a divorce is challenging. This process can be tough for you as well as your child. Their future, and your role in their life, can feel uncertain.

But understanding how custody decisions are made can empower you. When you know what courts look for and how to present your strengths as a parent, you can better protect your rights and your child’s best interests.

The court decides what’s best 

In Georgia, courts decide custody based on one legal standard: the best interest of the child. Rather than favoring one parent, judges focus on what will give the child the greatest stability, safety and emotional support. 

There are different types of custody in Georgia. Legal custody empowers a parent to make crucial decisions about the child’s upbringing. This may include choices on education and medical care. Physical custody pertains to where the child lives and who is responsible for their daily care. Sole legal custody gives one parent authority over major decisions for the child, while joint custody keeps both parents actively involved.

What judges consider in determining custody

When deciding what is best for the child, no single variable outweighs the others. Here are some of the main factors judges evaluate:

  • Each parent’s involvement in the child’s life (school, healthcare, daily activities)
  • Stability of each parent’s home environment
  • Physical and mental health of both parents
  • Willingness to support the child’s relationship with the other parent
  • Any history of abuse, neglect or substance abuse

Looking into these aspects provides the court with a holistic view of each parent’s ability to care for the child.

Building a strong custody case

If you are seeking custody, preparation matters. Courts prioritize parents who are not only caring but also demonstrate organization, responsibility and a consistent focus on the child’s needs. Here are practical steps to help you build your case:

  • Keep documentation: Track communication with your co-parent, and save records of your involvement, such as school or medical appointments. 
  • Create a stable home environment: Establish consistent routines, safe living conditions and emotional stability.
  • Be present and involved: Maintain constant participation in your child’s life to demonstrate your commitment. 
  • Consult a family law attorney: Understand your rights and ensure your interests are effectively represented with the help of a lawyer.

Being proactive about your presence in your child’s life can make a major difference in custody outcomes.

Your child deserves the best custody plan

The process of building a strong case can be demanding, on top of the exhaustion from the divorce itself. But more than expressing your love for your child, it’s about demonstrating through your actions and preparation that you are the parent best equipped to meet their needs. 

Ultimately, the goal of the Georgia custody system is to ensure the best possible outcome for your child. By understanding the process and consulting with an experienced family law attorney, you become a powerful advocate for their future and well-being.