Guide to Georgia Child Custody and Support

Physical Custody: This determines where the child will live. It can be sole, where only one parent has custody, or joint, where both parents share custody. Typically, one parent is designated as the primary physical custodian, while the other is the secondary custodian, facilitating regular time spent with the child.
Legal Custody: This refers to the authority of a parent to make major decisions about the child’s welfare, including education, health care, religious upbringing, and extracurricular activities. Joint legal custody is common, promoting collaborative decision-making between parents. However, if consensus cannot be reached, the primary physical custodian often has the final say on these matters.

Filing a Petition: Custody cases typically begin with filing a petition, either as part of a divorce, separation, or modification of an existing order. This includes submitting a proposed parenting plan.
Jurisdiction and Notice: Establishing the correct jurisdiction is critical, as is notifying the other parent of the legal action through a process called service of process.
Temporary Hearings and Mediation: Initial hearings may set temporary custody arrangements. Many courts require and encourage mediation to help parents reach amicable agreements without a full trial.
Discovery and Trial: If mediation fails, the case may proceed to discovery and trial, where evidence and testimonies are gathered and presented. The judge ultimately decides the custody outcome when parties cannot come to an agreement on a custody arrangement.
Final Custody Order and Enforcement: The judge issues a final custody order, outlining the agreed-upon or court-decided custody arrangement. Post-trial, compliance with this order is mandatory, with legal remedies available for enforcement if necessary.

Parent-Child Relationship: The emotional ties and bonds between each parent and the child.
Parental Capacity: Each parent’s ability to provide love, guidance, and continuation of education.
Family Support and Stability: The presence of a supportive family environment and community ties.
Parental Involvement: Historical involvement in the child’s life, including education and extracurricular activities.
Health and Safety: The physical and mental health of the parents, and any history of substance abuse or family violence.

Determine Each Parent’s Gross Income: Courts assess the gross income of both parents. This includes wages, bonuses, commissions, and certain types of benefits. Some income, such as TANF or SSI, is excluded from this calculation.
Calculate Basic Child Support Obligation: Using a state-mandated table, the court determines the total amount of child support needed based on the combined income and number of children.
Apportion Each Parent’s Share: Each parent’s contribution is proportional to their share of the combined income. For example, if one parent earns 60% of the total income, they are responsible for 60% of the child support obligation.
Adjust for Additional Expenses: Courts may add costs for health insurance, childcare, and education to the basic support obligation, dividing these expenses in line with each parent’s income percentage.

Income and Earning Capacity: Beyond current income, courts may evaluate a parent’s potential earning capacity, especially if unemployment or underemployment appears intentional.
Existing Support Obligations : If a parent already pays child support for other children, those amounts may be deducted from their available income.
Child’s Needs: Extraordinary expenses, such as medical or educational costs, can lead to deviations from standard support calculations.
Custodial Arrangements: The amount of time each parent spends with the child can influence support amounts, particularly in cases of shared or joint custody.

Filing a Petition: A parent must file a legal request for modification, providing evidence of the changed circumstances warranting a review.
Court Review and Decision: The court will evaluate the petition and any supporting documentation before deciding whether to alter the existing support order.
Enforcement and Compliance: Once a modified order is issued, compliance is mandatory. Courts can enforce payments through various means, including wage garnishment or legal action for non-compliance.

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