How do I file for custody in Georgia?

Where to file

Under the Georgia Constitution, divorce cases are generally tried in the county where the defendant resides if the defendant is a Georgia resident, and other civil cases in the county where the defendant resides (Ga. Const. art. VI, § II, ¶¶ I and VI). A legitimation petition is generally filed in the county where the child’s mother or other legal custodian lives, with exceptions in § 19-7-22(b). Georgia must also have jurisdiction over the child under the Uniform Child Custody Jurisdiction and Enforcement Act, usually because Georgia is the child’s home state (§ 19-9-61).

What you file

Each parent prepares a parenting plan, or the parents submit one jointly, and a plan is required in permanent custody and modification actions, except when a parent seeks emergency relief for family violence (§ 19-9-1(a)). The plaintiff also files a domestic relations case filing information form (§ 19-9-1.2).

In cases involving child support, each party serves a Domestic Relations Financial Affidavit and the child support worksheet and schedules at least 5 days before a temporary or final hearing, except as the rule provides (Uniform Superior Court Rule 24.2). There is no statewide custody petition among the Supreme Court’s standard forms, so check your county superior court’s forms. The Judicial Council of Georgia’s self-help pages publish a Complaint for Divorce with Minor Children form.

After filing

The clerk issues a summons, which is served with the complaint (O.C.G.A. § 9-11-4). A defendant generally has 30 days after service to answer (§ 9-11-12(a)).