Georgia Child Custody and Visitation Schedules - Important Laws to Know

Title 19 in the Georgia Code contains information about domestic relations. In this section of law, the state has developed in-depth policy about how child custody situations are handled. The provisions found in Chapter 9 of Title 19 govern how parents should create a parenting plan and child custody schedule. If you live in Georgia, this information is vital if you want your custody and visitation schedule to be accepted by the court. Here are a few of the important provisions that affect the making of a parenting time schedule.

1. The requirement of a parenting plan. The Georgia Code, in Chapter 9 Article 1, states "in all cases in which the custody of any child is at issue between the parents, each parent shall prepare a parenting plan or the parties may jointly submit a parenting plan." You must have a parenting plan that governs your child custody situation. Article 1 also specifies what the plan must contain: when the child will be in each parent's physical care, and where the child will be every day of the year; a holiday, vacation, school break, and special event schedule and calendar; transportation arrangements; legal custody information; how the parents will resolve disputes; if supervised visitation is necessary; and if there are limitations on the parents in getting access to records and information about the child. Thus, you can see that you must have a thorough custody and visitation schedule that includes a repeating cycle of custody and visitation (where the child is every day), a holiday schedule, a vacation schedule, and a special event schedule.

2. Input from the child. In Section 3 of Article 1, the law puts forth the age when children have a say in their visitation schedule and custody arrangements. Children age 14 and over have a choice in the custody and visitation schedule. They get to pick which parent they will live with and have a lot of control over the visitation schedule and where they spend the holidays. The preferences of children age 11 and over are heard by the court and considered. Parents should determine the best arrangements and schedules for children younger than that.

3. How the court accepts a plan. Chapter 9 Article 1 explains that if the parents are not able to work on a parenting plan and custody schedule and submit it together to the court, each parent must prepare a proposed schedule and plan and submit it. Georgia encourages parents to try and cooperate because this generally leads to more successful plans and schedules. If that isn't a possibility, you must file an individual plan with the court. You will have a chance to explain and defend your plan before the judge, and the judge will determine what the custody and visitation schedule and plan will be. Once a schedule and plan have been accepted, they become legal documents and you must follow them.