Child custody can be one of the most important issues parents face during a divorce or separation. In Georgia, custody involves more than deciding where a child will live. Parents may also need to determine who will make major decisions about the child’s upbringing.
These responsibilities are addressed through legal custody and physical custody. Although the terms are related, they deal with different parts of parenting. Understanding the difference can make it easier to evaluate a proposed custody arrangement and parenting plan.
What Is Legal Custody?
Legal custody concerns the authority to make major decisions about a child’s life. Georgia law recognizes joint legal custody, which gives both parents rights and responsibilities for major decisions. A court can also give one parent authority over certain decisions while the parents share responsibility for others.
Major decisions may involve:
- Education
- Non-emergency health care
- Religious upbringing
- Extracurricular activities
These issues are different from routine choices made while a child is staying with a parent. A parenting plan can explain how major decisions will be made and which parent has final authority when necessary.
What Is Physical Custody?
Physical custody generally concerns where the child lives and how parenting time is divided. Georgia law allows joint physical custody, which involves sharing physical custody in a way that provides the child with substantially equal time and contact with both parents. However, Georgia Courts notes that judges commonly designate one parent as the primary physical custodian.
The other parent may receive parenting time or visitation under the custody order. During each parent’s parenting time, that parent generally handles routine decisions involving the child’s day-to-day care.
The specific schedule can depend on the child’s needs and the circumstances of the family.
Can Parents Share Legal Custody Without Sharing Physical Custody?
Yes. Legal custody and physical custody do not have to be arranged in the same way. Georgia law expressly allows a court to award joint legal custody without awarding joint physical custody.
For example, parents may share responsibility for major decisions while the child primarily lives with one parent. The other parent may have scheduled parenting time.
This distinction is important because having less physical parenting time does not necessarily mean a parent has no role in major decisions. The custody order and parenting plan determine each parent’s rights and responsibilities.
How Do Georgia Courts Decide Child Custody?
When parents cannot agree on custody, a judge makes a decision based on the child’s best interests. Georgia law does not create an automatic preference for the mother or father or for a particular form of legal or physical custody.
A judge may consider the child’s relationship with each parent, each parent’s ability to care for the child, the stability of each home, the child’s needs, and other relevant circumstances.
Parents may also reach their own custody agreement. However, the court must ultimately approve the arrangement as part of the custody order.
How Does a Parenting Plan Address Custody?
Georgia requires a parenting plan in custody and visitation cases. The plan sets out how the parents will handle custody, parenting time, and important decisions involving their child.
A parenting plan can address where the child will stay during the week, weekends, holidays, school breaks, and vacations. It can also state how major decisions involving education, health care, religion, and activities will be handled.
A detailed plan can give both parents clear expectations and reduce uncertainty about their responsibilities.
Why Does the Difference Between Legal and Physical Custody Matter?
The distinction affects both decision-making authority and the child’s living arrangements. A parent could share legal custody while having less physical parenting time, or the parents could have another arrangement based on the child’s needs.
Understanding these terms can help parents identify what they want a parenting plan to accomplish. It can also reduce confusion about who makes major decisions and who handles everyday care.
A child custody attorney can review a proposed arrangement and explain how its terms may affect parental rights and responsibilities.
Contact the Atlanta Child Custody Lawyers at The Edwards Law Group for Help Today
Legal and physical custody address different parts of raising a child, but both can have a major effect on a family’s future. A clear custody arrangement can establish where a child lives, how parenting time works, and how important decisions are made.
The Edwards Law Group can help you understand Georgia custody law and evaluate options for your family. Contact us today to schedule a consultation with an Atlanta child custody attorney.
The Edwards Law Group Atlanta
3621 Vinings Slope SE, #4320, Atlanta, GA 30339
(770) 723 7211
V. Joy Edwards is the founder of The Edwards Law Group, an Atlanta family law firm serving clients across the metro area in child custody, child support, adoptions, prenuptial agreements, and postnuptial agreements.
With over 20 years of experience in Georgia family courts, Joy brings a rare combination of courtroom litigation skill and strategic negotiation, built on relationships developed on both sides of the bench, including her time as Staff Attorney for judges in Cobb County State Court.
The Edwards Law Group is the oldest Black-owned, female-led family law firm in Cobb County, and Joy has earned recognition from Super Lawyers and Top 10 Atlanta Family Law Attorneys. She is a board member of the Stonewall Bar Association and a member of the State Bar of Georgia’s Family Law Section.
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