How to Start a Custody Case in Georgia

The three common routes

• Divorce with minor children. Custody, parenting time, and child support are decided as part of the divorce. Pending the final judgment, the judge may grant temporary child support and may hear and determine who is entitled to the care and custody of the children until the final judgment (O.C.G.A. § 19-6-14).
• Legitimation. If the parents were not married, only the mother is entitled to custody unless the father legitimates the child (§ 19-7-25). A legitimation petition may also include claims for visitation, parenting time, or custody (§ 19-7-22(g)). See the legitimation guide.
• A complaint to change custody. Once a court has entered a custody order, a change is sought by a complaint seeking a change of legal or physical custody (§ 19-9-23). See the modification guide.

Does Georgia have jurisdiction?

Georgia follows the Uniform Child Custody Jurisdiction and Enforcement Act. For a first custody order, the main rule is that Georgia must be the child’s home state on the date the case is filed, or must have been the home state within six months before filing while the child is absent but a parent or person acting as a parent still lives in Georgia (O.C.G.A. § 19-9-61(a)(1)). The statute lists other bases that apply only when no state qualifies under that rule or the home state declines (§ 19-9-61(a)(2) to (4)).

“Home state” means the state where the child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the case began, or, for a child under six months old, the state where the child has lived since birth, with temporary absences counting as part of the period (§ 19-9-41(7)). The child’s or a party’s physical presence in Georgia is not necessary or sufficient by itself (§ 19-9-61(c)). A separate emergency rule is covered in the emergency relief guide.

Which county

• Divorce. Filed in the county where the defendant resides if the defendant is a Georgia resident, or otherwise where the plaintiff resides, with the exceptions the Constitution lists (Ga. Const. art. VI, § II, ¶ I). To get a divorce, a person generally must have been a bona fide Georgia resident for six months before filing, and a nonresident may file in the respondent’s county of residence against a respondent who has lived in Georgia and in that county for six months before filing (O.C.G.A. § 19-5-2).
• Legitimation. Generally the county where the child’s mother or other legal custodian or guardian lives, with the exceptions in § 19-7-22(b).
• Change of custody. Filed in compliance with Ga. Const. art. VI, § II, ¶ VI (§ 19-9-23(a)), which places civil cases in the county where the defendant resides.

Self-help forms

There is no statewide custody petition. For divorce, the Administrative Office of the Courts publishes a Complaint for Divorce with Minor Children and an Answer and Counterclaim for Divorce with Minor Children on its self-help page. Each form states that its information is correct as of April 2024. The complaint form asks you to choose the custody arrangement you are requesting, attach a proposed parenting plan, and attach the child support worksheets, and it ends with a verification signed in front of a notary public.

The AOC’s divorce checklist tells you to look first at the website of the superior court where you will file to see whether it has its own divorce form packet, and says those are the forms you need.

What usually goes in with a custody case

1. The complaint or petition, signed and, on the AOC form, verified before a notary.
2. The domestic relations case filing information form prescribed by the Judicial Council of Georgia, which the plaintiff files in custody proceedings (§ 19-9-1.2).
3. A parenting plan. A parenting plan is required for permanent custody and modification actions, except when a parent seeks emergency relief for family violence, and the court decides when it must be submitted (§ 19-9-1(a); Uniform Superior Court Rule 24.10). See the parenting plan guide.
4. Financial papers when child support is at issue: the Domestic Relations Financial Affidavit and the child support worksheet and schedules, served on the other party at least 5 days before any temporary or final hearing on support (Rule 24.2).
5. The summons, which the clerk issues on filing (§ 9-11-4(a)). The statewide SC-1 Summons (revised January 2025) is one of the Supreme Court’s standard forms.

After you file

The other parent must be served with the summons and complaint unless service is waived or acknowledged. See the service guide. A defendant has 30 days after service to serve an answer, unless a statute provides otherwise (O.C.G.A. § 9-11-12(a)), and the SC-1 Summons tells the defendant the same. A defendant who wants custody may file a counterclaim, as the AOC answer form allows.

Parents can settle at any point. The judge ratifies a custody agreement and makes it part of the final judgment unless the judge makes specific written findings that it would not be in the child’s best interests (§ 19-9-5). Parents may also agree to binding arbitration of custody and parenting time issues (§ 19-9-1.1).

If you need a decision before the final hearing, ask for a temporary hearing. Notice of a temporary hearing must be served at least 15 days before it unless the court orders otherwise (Rules 24.2 and 24.4).

Primary sources

Laws, rules and forms change. Check the current version at the source before you file.

• O.C.G.A. § 19-9-61, initial custody jurisdiction
• O.C.G.A. § 19-9-41, UCCJEA definitions (home state)
• O.C.G.A. § 19-5-2, divorce residency
• Ga. Const. art. VI, § II, ¶¶ I and VI, venue
• O.C.G.A. § 19-6-14, temporary custody pending divorce
• O.C.G.A. § 19-7-22, legitimation
• O.C.G.A. § 19-7-25, custody of a child born out of wedlock
• O.C.G.A. § 19-9-23, actions to change custody
• O.C.G.A. § 19-9-1, parenting plans
• O.C.G.A. § 19-9-1.2, case filing information form
• O.C.G.A. § 19-9-5, custody agreements
• O.C.G.A. § 19-9-1.1, binding arbitration
• O.C.G.A. § 9-11-4, summons
• O.C.G.A. § 9-11-12, time to answer
• O.C.G.A. § 9-15-2, affidavit of indigence
• Uniform Superior Court Rules 24.2, 24.4 and 24.10
• SC-1, Summons (rev. 1/25)
• AOC, Complaint for Divorce with Minor Children
• AOC, Answer and Counterclaim for Divorce with Minor Children
• AOC, divorce form checklist