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Understanding Custody in Georgia: Legal vs. Physical

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When parents separate or divorce in Georgia, one of the most important — and sometimes most confusing issues to work out is custody. In Georgia, custody is actually two separate concepts: legal custody and physical custody.

Legal Custody

Legal custody means having the right to make important decisions about your child’s life. This includes access to medical records, school information, and other important documents. In most cases, both parents share legal custody, meaning they both stay informed and involved in major decisions regarding the child’s education, healthcare, and general welfare.

Physical Custody

Physical custody is exactly what it sounds like—it’s about where the child lives and the parenting schedule. One common arrangement is 50/50 custody, where each parent spends roughly equal time with the child. This can take different forms, such as alternating weeks or a “2-2-3” schedule (two days with one parent, two days with the other, then three days with the first parent, and then switching).

A 50/50 arrangement usually works best when parents live close to each other so the child’s school, activities, and routines remain consistent. It becomes more challenging if one parent moves farther away.

Primary Physical Custodian & Visitation

If parents do not share 50/50 custody, one parent will be designated the primary physical custodian, and the other parent will have visitation. In Georgia, visitation for the non-custodial parent might follow a “1st and 3rd weekend” schedule, from Friday after school until Monday morning. Some plans extend visitation to include Thursdays through Monday morning on the 1st, 3rd, and 5th weekends of the month.

No matter the arrangement, custody in Georgia is two-fold—legal and physical—and they mean very different things.

If you have questions about custody or need guidance during a divorce, Barrett Law, LLC is here to help. Contact us at 912-428-5599 for compassionate, knowledgeable representation.

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