Georgia Joint Custody Agreement

JOINT CUSTODY AGREEMENT

STATE OF GEORGIA

IN THE SUPERIOR COURT OF [________________________________] COUNTY

[________________________________] JUDICIAL CIRCUIT

Civil Action File No.: [________________________________]

[________________________________], Petitioner/Parent A

v.

[________________________________], Respondent/Parent B

GEORGIA LAW NOTE: Under O.C.G.A. § 19-9-3(a)(1), there is no prima facie right to custody in the father or mother. There is no presumption in favor of any particular form of custody, legal or physical, nor in favor of either parent. The court must determine custody based solely on the best interest of the child.

ARTICLE I. PARTIES AND CHILDREN

1.1 Parent A:

• Full Legal Name: [________________________________]
• Address: [________________________________]
• County: [________________________________]
• Phone: [________________________________]
• Email: [________________________________]

1.2 Parent B:

• Full Legal Name: [________________________________]
• Address: [________________________________]
• County: [________________________________]
• Phone: [________________________________]
• Email: [________________________________]

1.3 Minor Child(ren):

1.4 Basis for Agreement:

This Joint Custody Agreement ("Agreement") is entered into in connection with:
☐ Divorce proceedings — Civil Action File No. [________________________________]
☐ Legitimation proceedings — Civil Action File No. [________________________________]
☐ Separate custody action — Civil Action File No. [________________________________]
☐ Modification of prior custody order dated [__/__/____]
☐ Other: [________________________________]

ARTICLE II. JOINT LEGAL CUSTODY

2.1 Grant of Joint Legal Custody. Both parents shall share joint legal custody of the child(ren). Under Georgia law, joint legal custody means that both parents share the right and responsibility to make major decisions relating to the child, including decisions about:

• Education (school enrollment, transfers, special education services, tutoring, college planning)
• Healthcare (selection of physicians and dentists, non-emergency medical procedures, medications, surgical procedures)
• Mental and behavioral health (counseling, therapy, psychiatric services, psychological evaluations)
• Extracurricular activities (sports, camps, lessons, clubs)
• Religious upbringing (religious education, observances, rites of passage)

2.2 Consultation and Good-Faith Decision-Making. Before making any major decision, the parent proposing the decision shall consult with the other parent in writing (email or co-parenting application message). The consulted parent shall respond within [____] business days. Both parents shall approach all decisions in good faith with the child's best interest as the paramount consideration.

2.3 Deadlock Resolution. If the parents cannot reach agreement on a major decision after good-faith consultation:

• Step 1: The parents shall discuss the matter with the assistance of a mutually agreed-upon third party (family member, counselor, or clergy) within [____] days.
• Step 2: If still unresolved, the parents shall attend mediation through a court-approved mediator or the ADR program of the [________________________________] Judicial Circuit within [____] days.
• Step 3: If mediation fails, either parent may petition the Superior Court for a determination.

2.4 Emergency Decisions. The parent who has physical custody of the child at the time an emergency arises may make emergency medical, safety, or welfare decisions without prior consultation. That parent shall notify the other parent as soon as practicable, but no later than 24 hours after the emergency.

2.5 Day-to-Day Decisions. Per O.C.G.A. § 19-9-1(b)(1)(C), the parent exercising parenting time at any given time shall make routine day-to-day decisions regarding the child's care, including meals, bedtime, hygiene, homework, playdates, and minor disciplinary matters.

ARTICLE III. JOINT PHYSICAL CUSTODY — PARENTING TIME SCHEDULE

3.1 Schedule Selection. The parents agree to the following parenting time schedule, designed to provide the child with frequent and continuing contact with both parents:

☐ Option A — Alternating Weeks:
Parent A: Sunday at [____] PM through the following Sunday at [____] PM (Week 1)
Parent B: Sunday at [____] PM through the following Sunday at [____] PM (Week 2)
Rotation continues on alternating weeks.

☐ Option B — 2-2-3 Rotation:
Week 1: Parent A has Monday and Tuesday; Parent B has Wednesday and Thursday; Parent A has Friday through Sunday.
Week 2: Parent B has Monday and Tuesday; Parent A has Wednesday and Thursday; Parent B has Friday through Sunday.

☐ Option C — 5-2-2-5 Rotation:
Parent A: Monday and Tuesday overnights every week.
Parent B: Wednesday and Thursday overnights every week.
Weekends (Friday through Sunday): Alternating between parents.

☐ Option D — 3-4-4-3 Rotation:
Week 1: Parent A has Monday through Wednesday; Parent B has Thursday through Sunday.
Week 2: Parent A has Monday through Thursday; Parent B has Friday through Sunday.

☐ Option E — Custom Schedule:
[________________________________]
[________________________________]
[________________________________]

3.2 School-Year Adjustments:

The regular schedule shall apply during the school year (approximately August through May, per the [________________________________] County School District calendar). The following adjustments apply:

[________________________________]

3.3 Summer Schedule (June–July or per school calendar):

☐ Regular rotation schedule continues during summer.
☐ Modified summer schedule:
[________________________________]
[________________________________]

Each parent shall have [____] weeks of uninterrupted vacation time during summer. The parent selecting first shall alternate each year (Parent A first in even years, Parent B first in odd years). Written notice of selected dates shall be given by [________________________________] (date) each year.

ARTICLE IV. HOLIDAY AND SPECIAL OCCASION SCHEDULE

4.1 Holiday Allocation:

Holidays take precedence over the regular parenting schedule. All holidays begin and end at the designated times.

4.2 Child's Birthday:
☐ Alternating years (Parent A even, Parent B odd)
☐ Shared celebration each year
☐ Time split: Parent A from [________] to [________]; Parent B from [________] to [________]
☐ Other: [________________________________]

4.3 Religious and Cultural Observances:
[________________________________]

ARTICLE V. EXCHANGES AND TRANSPORTATION

5.1 Exchange Location:
☐ Child's school (school-day transitions via school drop-off/pick-up)
☐ Parent A's residence
☐ Parent B's residence
☐ Neutral public location: [________________________________]
☐ Other: [________________________________]

5.2 Exchange Responsibility:
☐ Receiving parent picks up the child.
☐ Delivering parent drops off the child.
☐ Parents share equally (alternate pick-up/drop-off).
☐ Other: [________________________________]

5.3 Transportation Costs:
☐ Each parent bears own costs.
☐ Costs split equally.
☐ Other: [________________________________]

5.4 Exchange Conduct. Exchanges shall be conducted promptly, peacefully, and without confrontation. Neither parent shall discuss disputed issues, interrogate the child about the other parent's household, or engage in conflict in the child's presence. The child shall have packed and ready all clothing, school materials, medications, and personal items needed for the transition.

ARTICLE VI. COMMUNICATION

6.1 Between Parents: Parents shall communicate primarily through ☐ email ☐ text message ☐ co-parenting application (e.g., OurFamilyWizard, TalkingParents) ☐ other: [________________________________]. Communication shall be respectful, timely, and limited to child-related matters.

6.2 Parent-Child Communication. Each parent shall facilitate the child's communication with the other parent during that parent's parenting time:

• Frequency: ☐ Daily ☐ Every other day ☐ As reasonably requested
• Time: [________________________________]
• Method: ☐ Phone ☐ Video call ☐ Both
• The custodial parent shall not monitor, record, or interfere with the child's communications with the other parent.

6.3 Emergency Notification. Each parent shall notify the other within [____] hours of any emergency, serious injury, serious illness, hospitalization, arrest, or contact by law enforcement or the Georgia Division of Family and Children Services (DFCS).

6.4 Change of Contact Information. Each parent shall notify the other within 48 hours of any change to address, phone number, or email.

ARTICLE VII. INFORMATION SHARING AND RECORDS ACCESS

7.1 Consistent with O.C.G.A. § 19-9-1(b)(1)(D), both parents shall have full and equal access to all records and information concerning the child, including educational records, health records, health insurance information, extracurricular activity records, and religious communications.

7.2 Both parents shall be listed as emergency contacts and authorized pick-up persons at the child's school, daycare, and all healthcare providers.

7.3 Each parent shall promptly share with the other parent copies of report cards, progress reports, medical records, and any correspondence from schools or healthcare providers.

7.4 Both parents may independently communicate with the child's teachers, school administrators, coaches, physicians, dentists, therapists, and other professionals.

ARTICLE VIII. CHILD'S ELECTION RIGHTS

8.1 The parents acknowledge that under O.C.G.A. § 19-9-3(a)(5), when a child reaches the age of 14, the child shall have the right to select the parent with whom the child desires to live. This election is presumptive unless the selected parent is determined not to be in the child's best interest. The child may exercise this election only once within a two-year period.

8.2 When a child reaches the age of 11 but is not yet 14, the court shall consider the child's desires and educational needs in determining custody under O.C.G.A. § 19-9-3(a)(4). The child's preference at this age does not independently constitute a material change of circumstances.

8.3 Neither parent shall coach, pressure, or unduly influence the child regarding custodial preferences or elections.

ARTICLE IX. RELOCATION

9.1 Statutory Notice. Under O.C.G.A. § 19-9-3(f), any parent who intends to change the child's residence shall notify the other parent at least 30 days prior to the anticipated change. The notice shall include the full address of the new residence.

9.2 Relocation Within Georgia. If either parent relocates within Georgia to an address that would substantially affect the parenting schedule, the relocating parent shall:

(a) Provide written notice at least 60 days in advance (exceeding the statutory minimum);
(b) Include the full new address, reason for the move, and a proposed revised parenting schedule; and
(c) Negotiate in good faith regarding schedule adjustments.

9.3 Relocation Outside Georgia. Neither parent shall relocate the child outside Georgia without: (a) written consent of the other parent, or (b) approval of the Superior Court of [________________________________] County after petition and hearing.

9.4 Effect on Agreement. If relocation makes the current joint physical custody schedule impracticable, either parent may petition for modification under O.C.G.A. § 19-9-3(b).

ARTICLE X. FAMILY VIOLENCE PROVISIONS

10.1 Disclosure:
☐ Neither parent has a history of family violence as defined by O.C.G.A. § 19-13-1.
☐ The following family violence history exists and has been disclosed:
[________________________________]

10.2 If family violence is a factor, this Agreement includes the following protections:
☐ Not applicable.
☐ Supervised exchanges at a neutral location.
☐ Supervised parenting time (details in attached schedule).
☐ Communication only through a co-parenting application or third party.
☐ Active protective order: Case No. [________________________________].
☐ Other: [________________________________]

Georgia Law: Under O.C.G.A. § 19-9-3(a)(3)(P), any evidence of family violence is a mandatory best-interest factor. Courts must weigh violent conduct when making custody determinations. Mediation is not appropriate in cases involving family violence.

ARTICLE XI. ADDITIONAL COVENANTS

11.1 Non-Disparagement. Neither parent shall make negative, derogatory, or disparaging remarks about the other parent, the other parent's family, or the other parent's household in the child's presence or hearing.

11.2 No Parental Alienation. Neither parent shall engage in conduct intended to damage or undermine the child's relationship with the other parent.

11.3 Substance Restrictions. Neither parent shall use illegal substances at any time or consume alcohol to the point of impairment during parenting time or within [____] hours prior to parenting time.

11.4 Firearms Safety. All firearms shall be stored unloaded in a locked container with ammunition stored separately, inaccessible to the child.

11.5 Introduction of New Partners. Neither parent shall introduce the child to a new romantic partner as a significant other until the relationship has been stable for a minimum of [____] months. Neither parent shall allow a new romantic partner to stay overnight while the child is present until [________________________________].

11.6 Right of First Refusal. When a parent exercising parenting time will be away from the child for more than [____] consecutive hours, that parent shall first offer the other parent the opportunity to care for the child before arranging third-party childcare.

11.7 Consistency. Parents shall use reasonable efforts to maintain consistent rules, bedtimes, homework routines, screen-time limits, and discipline approaches.

11.8 Attendance at Activities. Both parents are entitled to attend the child's school events, performances, sports, and other activities regardless of which parent has parenting time. Parents shall behave respectfully toward one another at all events.

ARTICLE XII. FINANCIAL PROVISIONS

12.1 Child Support. Child support shall be determined separately in accordance with the Georgia Child Support Guidelines under O.C.G.A. § 19-6-15 and the Child Support Worksheet attached hereto or filed separately.

12.2 Health Insurance. ☐ Parent A ☐ Parent B shall maintain health, dental, and vision insurance for the child through employer-sponsored or private coverage.

12.3 Unreimbursed Medical and Dental Expenses. Unreimbursed medical, dental, vision, mental health, orthodontic, and prescription costs shall be divided:
☐ Equally (50/50)
☐ Pro rata based on income
☐ Other: [________________________________]

12.4 Extracurricular Activity Costs. The cost of mutually agreed extracurricular activities shall be divided:
☐ Equally (50/50)
☐ Pro rata based on income
☐ The enrolling parent bears the cost
☐ Other: [________________________________]

12.5 Education Expenses. The cost of private school tuition, tutoring, and school-related fees (if applicable) shall be divided:
☐ Equally (50/50)
☐ Pro rata based on income
☐ Other: [________________________________]

ARTICLE XIII. DISPUTE RESOLUTION

13.1 Good-Faith Communication. Parents shall attempt to resolve disagreements through direct, respectful communication.

13.2 Mediation. If direct communication fails, the parents shall attend mediation with a court-approved family mediator or through the ADR program of the [________________________________] Judicial Circuit. Mediation costs shall be ☐ shared equally ☐ divided pro rata ☐ other: [________________________________].

13.3 Court. If mediation is unsuccessful, either parent may petition the Superior Court of [________________________________] County for relief. The prevailing party may seek an award of reasonable attorney's fees and costs pursuant to O.C.G.A. § 19-9-3(g).

13.4 Emergency Relief. Nothing in this Article prevents either parent from seeking emergency relief from the Superior Court to protect the child's safety or welfare.

ARTICLE XIV. MODIFICATION

14.1 This Agreement may be modified by written consent of both parents, filed with and approved by the Superior Court.

14.2 Under O.C.G.A. § 19-9-3(b), modification of the custody designation requires a material change in conditions or circumstances affecting the child's welfare.

14.3 Under O.C.G.A. § 19-9-3(b), the court may review and modify visitation/parenting time once every two years without requiring proof of changed circumstances, provided the modification serves the child's best interest.

14.4 A child's election at age 14 under O.C.G.A. § 19-9-3(a)(5) may, in itself, constitute a material change of circumstances warranting modification.

ARTICLE XV. GENERAL PROVISIONS

15.1 Governing Law. This Agreement is governed by the laws of the State of Georgia, including O.C.G.A. Title 19, Chapter 9.

15.2 Jurisdiction. The Superior Court of [________________________________] County, Georgia, [________________________________] Judicial Circuit, retains exclusive, continuing jurisdiction.

15.3 Severability. If any provision is deemed unenforceable, the remaining provisions remain in full force.

15.4 Entire Agreement. This Agreement, together with any parenting plan filed concurrently or subsequently, constitutes the entire understanding between the parents regarding custody.

15.5 Counterparts and Electronic Signatures. This Agreement may be executed in counterparts and by electronic signature.

SIGNATURES

PARENT A:

Signature: _________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Sworn to and subscribed before me this [____] day of [________________], 20[____].

_________________________________ (Notary Public)
State of Georgia, County of [________________________________]
My Commission Expires: [__/__/____]

[NOTARIAL SEAL]

PARENT B:

Signature: _________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Sworn to and subscribed before me this [____] day of [________________], 20[____].

_________________________________ (Notary Public)
State of Georgia, County of [________________________________]
My Commission Expires: [__/__/____]

[NOTARIAL SEAL]

CONSENT ORDER

IN THE SUPERIOR COURT OF [________________________________] COUNTY
STATE OF GEORGIA
[________________________________] JUDICIAL CIRCUIT

The foregoing Joint Custody Agreement having been submitted to the Court by the parties, and the Court having reviewed the terms and determined that the Agreement is in the best interests of the child pursuant to the factors set forth in O.C.G.A. § 19-9-3(a)(3) and complies with the parenting plan requirements of O.C.G.A. § 19-9-1, it is hereby

ORDERED that the Joint Custody Agreement is approved and incorporated into this Consent Order. This Order is enforceable by contempt of court.

SO ORDERED this [____] day of [________________], 20[____].

_________________________________
Judge, Superior Court
[________________________________] County, Georgia
[________________________________] Judicial Circuit

Sources and References

• O.C.G.A. § 19-9-1 — Parenting plans; requirements for plan
• O.C.G.A. § 19-9-3 — Establishment and review of child custody and visitation
• O.C.G.A. § 19-9-3(a)(1) — No presumption in favor of either parent or custody type
• O.C.G.A. § 19-9-3(a)(3)(A)-(Q) — 17 best interest of the child factors
• O.C.G.A. § 19-9-3(a)(4) — Child age 11-13 desires considered
• O.C.G.A. § 19-9-3(a)(5) — Child age 14+ presumptive election
• O.C.G.A. § 19-9-3(b) — Modification standard; two-year visitation review
• O.C.G.A. § 19-9-3(f) — 30-day relocation notice requirement
• O.C.G.A. § 19-9-3(g) — Attorney's fees
• O.C.G.A. § 19-6-15 — Georgia child support guidelines
• O.C.G.A. § 19-13-1 et seq. — Georgia Family Violence Act
• Georgia Constitution, Art. VI, § IV, Par. I — Superior Court jurisdiction