Physical Custody
Time with your child is sacred, understand your options
What is Physical Custody?
In Georgia, physical custody is a broad phrase that refers to how time with a minor child is allocated between two parents. The range of physical custody a parent can receive ranges from none to 100% of the time. In the overwhelming number of cases, however, physical custody is usually split between the parents in some manner.
Georgia law does not mandate or even have a legal presumption that any particular amount of time is given to one parent. That said, as a general rule and assuming the safety of the child is not in issue, courts tend to favor a custody arrangement that enables a child to develop a relationship with both parents.
What is the difference between legal and physical custody?
Although many people talk about custody as if it meant just one thing, custody of a child has two components. Physical custody refers to the time each parent has with their child. Legal custody instead refers to the decision making each parent has regarding their child.
What are the major types of physical custody?
Joint Custody
Primary Custody
Sole Custody
Comparing the primary types of physical custody
Joint Custody
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A child is with each parent a roughly equal amount of time
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Enables each parent to develop a relationship with the child
Primary
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A child is with one parent more than 50% of the time
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Provides a home base for a child
Sole Custody
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A child is with one parent almost exclusively
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Usually used when safety issues are of concern with the non-custodian parent
What is Split Custody?
Split parenting or split custody is the situation where "there are two or more children of the same parents, where one parent is the custodial parent for at least one child of the parents and the other parent is the custodial parent for at least one other child of the parents.