How Custody Court Works in Georgia

Which court hears your case

Custody disputes between parents are heard by the superior court of a county. Uniform Superior Court Rule 24.1 lists what counts as a domestic relations action, and the list includes divorce, child custody, child support, legitimation, paternity actions, contempt proceedings to enforce decrees and orders, petitions to modify decrees and orders, and actions under the Family Violence Act.

The county is set by the Georgia Constitution. A divorce case is tried in the county where the defendant resides if the defendant is a Georgia resident, and otherwise in the county where the plaintiff resides. A divorce may also be tried in the plaintiff’s county of residence if the defendant moved from that county within six months before the filing and that county was the site of the marital home when the parties separated (Ga. Const. art. VI, § II, ¶ I). Most other civil cases are tried in the county where the defendant resides (art. VI, § II, ¶ VI), and a complaint to change legal or physical custody must be brought in compliance with that paragraph (O.C.G.A. § 19-9-23(a)). A legitimation petition has its own venue rule, covered in the legitimation guide.

Who decides custody

The judge hearing the case decides custody, and that issue is not decided by a jury (O.C.G.A. § 19-9-3(a)(2)). The judge’s duty is to determine solely what is for the best interest of the child and what will best promote the child’s welfare and happiness. The custody factors guide covers the factors the judge may consider.

Child support is different. Where a jury decides child support, it returns special findings on each parent’s gross income and on deviations and the final award, while the court determines adjusted gross income, health insurance and work related child care costs, and the presumptive amount (O.C.G.A. § 19-6-15(c)(5)). A jury may not hear any issue in cases filed under the Child Support Recovery Act, the Uniform Reciprocal Enforcement of Support Act, or the Uniform Interstate Family Support Act (§ 19-6-15(c)(7)). On a petition to modify child support, a jury may be demanded, but it decides only gross income and any deviations (§ 19-6-15(k)(4)).

The people you may meet

• The judge of the superior court assigned to your case.
• The clerk of superior court, whose office receives filings and issues the summons when a complaint is filed (O.C.G.A. § 9-11-4(a)).
• A guardian ad litem, appointed by the assigned judge to represent the best interests of the child. Under Uniform Superior Court Rule 24.9, the guardian ad litem is an officer of the court, may investigate and request records, and, unless the judge directs otherwise, submits a written report with findings and recommendations. The recommendations are not a substitute for the court’s own judgment.
• A custody evaluator or medical examiner. The judge is authorized to order a psychological custody evaluation of the family or an independent medical evaluation (O.C.G.A. § 19-9-3(a)(7)).
• A mediator, if your court refers the case to mediation. See the mediation guide.

The statewide rules for domestic relations cases

Rule 24 of the Uniform Superior Court Rules applies across Georgia. Among other things it:

• Requires each party, except as the rule notes, to serve a Domestic Relations Financial Affidavit at least 5 days before any temporary or final hearing on child support, alimony, property division, modification of support or alimony, or attorney’s fees, with the child support worksheet and schedules in cases involving child support (Rule 24.2).
• Requires notice of a temporary hearing to be served on the other party at least 15 days before the hearing, unless the court orders otherwise (Rule 24.2), including in cases that do not involve financial matters (Rule 24.4).
• Limits oral testimony at temporary hearings to the parties and one additional witness for each side, unless the court orders otherwise (Rule 24.5(A)).
• Requires a parenting plan in cases involving permanent custody or custody modification, except when a parent seeks emergency relief for family violence (Rule 24.10).

Parenting seminars

A superior court circuit may establish a program that educates parties to domestic relations actions about the effects of divorce on children, and the judges may require any or all parties to attend a seminar of no more than four hours (Uniform Superior Court Rule 24.8(A) and (B)). Attendance is mandated by court order, and the assigned judge may waive it for good cause (Rule 24.8(E)). Whether your court has a seminar, and what it costs, is set locally; the rule requires a fee waiver procedure for indigent parties where a fee is charged (Rule 24.8(D)).

Forms: what is statewide and what is local

Georgia does not publish a statewide set of custody pleadings. The Supreme Court of Georgia publishes Superior Court standard forms such as the SC-1 Summons, subpoenas, and family violence protective order forms, but none of them is a custody petition. Some forms are built into the Uniform Superior Court Rules themselves, such as the Domestic Relations Financial Affidavit (Rule 24.2) and the parenting plan (Rule 24.10), which are to be used in substantially the form the rule sets out.

The Administrative Office of the Courts publishes self-help divorce forms on its family law self-help pages. Its divorce checklist tells you to look first at the website of the superior court where you will file to see whether that county has divorce form packets, because those are the forms you need.

Two filing forms come from statute. In custody proceedings the plaintiff files a domestic relations case filing information form prescribed by the Judicial Council of Georgia (O.C.G.A. § 19-9-1.2), and at the conclusion of the proceeding the domestic relations final disposition form prescribed by the Judicial Council is filed (§ 19-9-3(h)).

Paper filing and fee waivers

Where electronic filing is available, courts must reasonably accommodate self-represented parties by accepting paper pleadings and other documents and converting them to electronic form (Uniform Superior Court Rule 36.16(H)).

If you cannot pay the court’s deposit, fees, or costs, you may file an affidavit of indigence. A party who subscribes that affidavit is relieved from paying the costs, though another party may contest it under oath and the court may inquire into its truth and, after a hearing, order the costs paid (O.C.G.A. § 9-15-2(a) and (b)). When a self-represented party presents a new case for filing this way, the clerk gives the pleading to a judge first, and the judge allows filing unless the pleading shows on its face a complete absence of any justiciable issue (§ 9-15-2(d)).

Agreements and arbitration

Parents may present the judge with an agreement on any and all custody issues. The judge ratifies it and makes it part of the final judgment unless the judge makes specific written factual findings that the agreement would not be in the child’s best interests (O.C.G.A. § 19-9-5(b)). Parents may also agree to binding arbitration of custody, visitation, parenting time, and the parenting plan; the arbiter’s decisions are incorporated into the final decree unless the judge makes specific written findings that the award would not be in the child’s best interests (§ 19-9-1.1).

Primary sources

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

• Ga. Const. art. VI, § II, ¶¶ I and VI, venue
• O.C.G.A. § 19-9-3, custody and visitation
• O.C.G.A. § 19-9-23, actions to change custody
• 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. § 19-6-15, child support guidelines
• O.C.G.A. § 9-11-4, summons and service
• O.C.G.A. § 9-15-2, affidavit of indigence
• Uniform Superior Court Rules 24.1 to 24.10, domestic relations; Rules 36.16 and 36.17, filing
• Supreme Court of Georgia, Superior Court standard forms
• Administrative Office of the Courts, divorce form checklist