Georgia
What are the custody factors in Georgia?
Quick answer
In Georgia there is no presumption in favor of either parent or any particular form of custody (O.C.G.A. § 19-9-3(a)(1)). The judge decides what is for the best interest of the child and may consider any relevant factor, including the 17 listed in § 19-9-3(a)(3).
Researched by Dan Martin, Legal Researcher · Published by Onbello Legal · Last updated October 2026
The listed factors
They include the love, affection, bonding, and emotional ties between each parent and the child and between the child and siblings; each parent’s capacity to give love, guidance, and basic care; each parent’s knowledge of the child’s needs; the home environment; continuity and stability; each parent’s support systems; the mental and physical health of each parent, with exceptions the statute notes; involvement in the child’s activities; employment schedules; the child’s home, school, and community record; past and future parenting performance; each parent’s willingness to encourage a close relationship with the other parent; any recommendation by a court-appointed custody evaluator or guardian ad litem; and evidence of family violence, child abuse, criminal history, or substance abuse.
Family violence
When the judge has made a finding of family violence, the judge shall consider as primary the safety and well-being of the child and of the parent who is the victim, and shall consider the perpetrator’s history of causing harm or fear of harm (§ 19-9-3(a)(4)). A judge may award visitation or parenting time to a parent who committed family violence only if adequate provision for the safety of the child and the victim parent can be made (§ 19-9-7(a)).
The child’s wishes and written findings
A child 14 or older may select the parent to live with, and the selection is presumptive unless that parent is determined not to be in the child’s best interests; for a child aged 11 to 13, the judge considers the child’s desires and educational needs, but they are not controlling (§ 19-9-3(a)(5) and (6)). If a party requests it on or before the close of evidence in a contested hearing, the permanent order must set out specific findings of fact on the basis for the decision (§ 19-9-3(a)(8)).
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Where to check this
Forms, deadlines, and local rules change. Verify anything on this page against the official self-help resources for your state before you rely on it.
This page is general legal information, not legal advice, and does not create an attorney–client relationship. Laws and local rules vary and change. For advice about your situation, consult a licensed family-law attorney in your state.