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Types of Custody

Types of Child Custody

Types of Child Custody

Key Custody Types: Legal vs. Physical

Child custody disputes can be challenging, but understanding the different types of custody is the first step in protecting your child's well-being. Georgia law recognizes multiple custody arrangements, each affecting parental rights and responsibilities. Here's what you need to know.

Legal Custody

What is Legal Custody? The right to make major decisions about a child's upbringing, including education, healthcare, and religious practices.

Types:

  • Joint Legal Custody - Both parents share decision-making responsibilities.
  • Sole Legal Custody - One parent has exclusive authority over major decisions.

Example: In joint legal custody, both parents must agree on the child's school choice. In sole legal custody, one parent makes that decision independently.

Physical Custody

What is Physical Custody? Determines where the child primarily resides.

Types:

  • Joint Physical Custody - The child spends substantial time with both parents, in roughtly a 50/50 manner.
  • Sole Physical Custody - The child lives primarily with one parent, while the other has visitation rights.
  • Shared Custody - A true 50/50 split, requiring a high level of cooperation between parents.

Physical Custody

There are Four Types of Physical Custody Arrangements

Joint Custody

Primary Custody

Sole Custody

Split Custody

Joint Custody

The parents split time with their child(ren) roughly equally

Primary Custody

One parent has the majority of parenting time with their child(ren)

Sole or "Full" Custody

One parent has nearly all of the time with their child. This arrangement is sometimes referred to as full custody.

Split Custody

One child spends the majority of time with one parent and the other child spends the majority of time with the other parent.

Legal Custody

Courts typically award both parents joint legal decision making for their children. That said, Georgia law requires a court to designate one party as the final decision maker for each of the major life decisions concerning the child.

1

Health Care

2

Education

3

Extracurricular Activities

4

Religion

health care decision making for a child
Health Care

Health and non-emergency medical care

The parent that has the final decision-making authority for health care decisions can determine a child's medical treatment. Sample decisions include counseling, ADHD treatments, and the use of medicine.

educational decision making for a child
Education

Education

The parent that has the final decision-making authority for education can determine a items such as private or home school, course of study, and enrollment in advanced classes.

Extracurricular Activities Decision Making
Extracurricular Activities

Extracurricular Activities

The parent that has the final decision-making authority for extracurricular activities can determine whether and how much a child will participate in a particular sport or activity.

religious decision making for a child
Religion

Religion

The parent that has the final decision-making for religion may determine a child's religious upbringing.

Why Choose Meriwether & Tharp, LLC?

Personalized Custody Planning - We assess your situation to recommend the best custody arrangement for your child's needs.

Thorough Document Preparation - We draft clear, enforceable agreements to help prevent future disputes.

Georgia Family Law Expertise - Our deep knowledge of Georgia's custody laws, including statutory factors under GA Code § 19-9-3, allows us to build strong cases for our clients.

Let us help you navigate this process with confidence and clarity!

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