Summary
A joint custody agreement outlines how divorced or separated parents share time, responsibilities, and decision-making for their children. This guide explains the key types of joint custody in Georgia and what parents should consider when creating or evaluating a shared custody arrangement.
- Joint physical custody means children spend substantially equal time with both parents, though schedules don't have to be an exact 50/50 split.
- Joint legal custody allows parents to share major decision-making authority for issues like education, healthcare, and religion, with one parent as the final decision-maker.
- In Georgia, the most common arrangement combines joint legal custody with one parent having primary physical custody.
- A 50/50 custody schedule isn't inherently good or bad—it depends on the child's needs, stability, and each parent's circumstances.
- Parents can work together to create a joint custody agreement and parenting plan, which courts often view favorably if it serves the child's best interests.
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Custody is one of the core issues in nearly every divorce proceeding where the couple has minor children. The ability to spend time with and guide the development of their children, as well as make important decisions for them, is generally a top priority for mothers and fathers alike.
In this guide, we use a question-and-answer format to offer useful information about joint custody and what it means for parents. Keep reading to learn more about joint custody in child custody arrangements.
Answers to Frequently Asked Questions About Joint Custody Agreements
What is joint physical custody?
Joint physical custody refers to a type of custody agreement where both parents have roughly equal time with their child. FindLaw shares the part of the Georgia code that defines joint physical custody. The division of the time the child spends with their parents does not need to be exactly 50/50, but should provide "substantially equal time and contact with both parents."
Parents may agree to joint physical custody when creating a joint parenting plan or separate parenting plans that happen to align on this issue. Or, the court may determine that joint physical custody is in the best interest of the child, even if one or both parents do not advocate for this arrangement in their separate parenting plans.
What is joint legal custody?
Joint legal custody refers not to time spent with children (physical custody), but the ability to share decision-making authority for major decisions related to their children. Joint legal custody is the most common custody arrangement in Georgia.
Common topics where major decisions related to a child often arise include religion, education, extracurricular activities, and non-emergency medical care. The court may also split legal custody between parents, giving one parent the authority to make final decisions in areas such as medical care or education.
Although joint legal custody is common in Georgia shared custody agreements, the court recognizes the need for a decision when parents disagree. Joint custody agreements for legal custody name a final decision-maker who acts when parents can't come together on an important decision or choice.
What is the most common custody arrangement in Georgia?
Although joint physical custody is becoming more common in Georgia, a child custody agreement that includes joint legal custody and a primary parent for physical custody is the most common in the state.
There are benefits and potential drawbacks to both joint physical custody and primary physical custody. A key reason why Georgia courts have leaned toward primary physical custody is that it reduces the burden placed on a child. Having a primary residence can create a more consistent environment for children, supporting both emotional and physical stability.
Is 50/50 custody bad for kids?
It's impossible to say that 50/50 custody is either bad or good for all children. For some kids, a 50/50 physical custody agreement is in their best interest. For others, primary custody is the best option. It depends on the specifics of each situation - the needs and best interests of the child, the stability and parenting capabilities of each parent, and other key factors.
What are the disadvantages of joint physical custody?
Some possible drawbacks of joint physical custody include a lack of a home base or primary residence for a child, as well as scheduling difficulties related to activities that always occur on the same day and at the same time. However, parents can mitigate these issues by adjusting schedules during the time when a child plays a seasonal sport or takes a specific class.
Joint physical custody can also become more complicated when one parent lives out of state, or far away within Georgia from the other parent. In these cases, a primary physical custody arrangement may make the most sense to create a stable and supportive environment for a child.
Can parents make a joint custody agreement and parenting plan in Georgia?
Yes, parents in Georgia can cooperate to create a joint custody schedule and shared parenting plan to submit to the court. While the court will review these plans to ensure they are in the child's best interests, parental agreement can be a signal that those interests are being served.
Collaborating to develop a parenting plan can help parents find a balance between their schedules, their children's schedules, and their children's best interests. If parents can't agree on a plan, the court will make the final decision - and that can create logistical issues for both parents.
Support for Collaborative Custody Agreements and Parenting Plans
Meriwether & Tharp, LLC, is here to help with your child custody case. Our experienced team of lawyers and legal experts offer informed and useful guidance for both collaborative and combative custody cases. Schedule your free consultation to learn more.