Georgia Sole Custody Agreement

SOLE CUSTODY AGREEMENT

STATE OF GEORGIA

IN THE SUPERIOR COURT OF [________________________________] COUNTY

[________________________________] JUDICIAL CIRCUIT

Civil Action File No.: [________________________________]

[________________________________], Petitioner/Custodial Parent

v.

[________________________________], Respondent/Non-Custodial Parent

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, and no presumption favoring any particular form of custody. Sole custody may be awarded when the court determines, based on the 17 best-interest factors of O.C.G.A. § 19-9-3(a)(3), that placing sole legal and/or physical custody with one parent serves the child's welfare.

ARTICLE I. PARTIES, CHILDREN, AND COURT JURISDICTION

1.1 Custodial Parent:

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

1.2 Non-Custodial Parent:

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

1.3 Minor Child(ren):

1.4 Court Jurisdiction. The Superior Court of [________________________________] County, Georgia, [________________________________] Judicial Circuit, has exclusive subject-matter jurisdiction over this custody matter. Georgia Superior Courts hold original and exclusive jurisdiction over divorce and custody proceedings under the Georgia Constitution, Art. VI, § IV, Par. I.

1.5 Nature of Proceeding:
☐ Divorce — Civil Action File No. [________________________________]
☐ Legitimation — Civil Action File No. [________________________________]
☐ Separate custody action — Civil Action File No. [________________________________]
☐ Modification of prior order dated [__/__/____]
☐ Other: [________________________________]

ARTICLE II. BASIS FOR SOLE CUSTODY

2.1 The parents agree, or the Court has determined, that sole custody is in the child's best interest based on the following circumstances:

☐ History of family violence as defined by O.C.G.A. § 19-13-1 (battery, simple battery, assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass between family members)
☐ Substance abuse by the Non-Custodial Parent
☐ Mental health condition of the Non-Custodial Parent that impairs parenting capacity
☐ Incarceration of the Non-Custodial Parent
☐ Abandonment or prolonged absence by the Non-Custodial Parent
☐ History of child abuse or neglect
☐ Criminal history of the Non-Custodial Parent
☐ Inability or unwillingness of the Non-Custodial Parent to cooperate in joint custody
☐ Geographic distance between parents making joint physical custody impracticable
☐ Child's election under O.C.G.A. § 19-9-3(a)(5) (age 14 or older)
☐ Recommendation of Guardian ad Litem or court-appointed custody evaluator
☐ Other: [________________________________]

2.2 Description of Circumstances:

[________________________________]
[________________________________]
[________________________________]

2.3 Guardian ad Litem. ☐ A Guardian ad Litem was appointed under O.C.G.A. § 19-9-3(a)(3)(O) and has filed a report dated [__/__/____]. ☐ No Guardian ad Litem was appointed.

ARTICLE III. SOLE LEGAL CUSTODY

3.1 Grant of Sole Legal Custody. The Custodial Parent shall have sole legal custody of the child, meaning the exclusive right and responsibility to make all major decisions concerning the child's welfare, including but not limited to:

• Education: School enrollment, transfer, withdrawal, special education services (IEP/504 plans), tutoring, homeschool decisions, college planning
• Healthcare: Selection of physicians, dentists, and specialists; authorization of non-emergency medical, dental, and surgical procedures; administration of medications; vaccination decisions
• Mental and Behavioral Health: Authorization of counseling, therapy, psychiatric treatment, and psychological evaluations
• Extracurricular Activities: Enrollment in sports, camps, lessons, clubs, and other organized activities
• Religious Upbringing: Religious education, practices, ceremonies, and observances
• Travel: Authorization for domestic and international travel
• Legal Matters: Authorization for the child to obtain a driver's license, passport, employment authorization, or to consent to any legal proceedings on the child's behalf

3.2 Consultation with Non-Custodial Parent (Optional). The Custodial Parent:

☐ Shall notify the Non-Custodial Parent before making major decisions and consider the Non-Custodial Parent's input, but retains final decision-making authority.
☐ Is not required to consult with the Non-Custodial Parent but may do so at the Custodial Parent's discretion.
☐ Other: [________________________________]

3.3 Emergency Decisions. The Custodial Parent may make all emergency decisions without prior notice to the Non-Custodial Parent. The Custodial Parent shall notify the Non-Custodial Parent within 24 hours of any emergency involving the child.

ARTICLE IV. SOLE PHYSICAL CUSTODY AND PRIMARY RESIDENCE

4.1 Grant of Sole Physical Custody. The child shall reside primarily and principally with the Custodial Parent at:

Address: [________________________________]
City, State, ZIP: [________________________________]
County: [________________________________]

4.2 School Enrollment. The child shall be enrolled in and attend school in the [________________________________] County School District or at [________________________________] (private/charter school).

4.3 Day-to-Day Decisions. Per O.C.G.A. § 19-9-1(b)(1)(C), the Custodial Parent shall make all routine day-to-day decisions regarding the child's care, activities, and discipline.

ARTICLE V. NON-CUSTODIAL PARENT PARENTING TIME (VISITATION)

5.1 Type of Parenting Time. The Non-Custodial Parent shall have the following parenting time:

☐ Standard Unsupervised Parenting Time (see Section 5.2)
☐ Expanded Unsupervised Parenting Time (see Section 5.3)
☐ Supervised Parenting Time (see Section 5.4)
☐ Restricted/Therapeutic Visitation (see Section 5.5)
☐ No Parenting Time (see Section 5.6)

5.2 Standard Unsupervised Schedule:

• Alternating Weekends: Every other weekend from Friday at [____] PM to Sunday at [____] PM
• Midweek Visit: Every ☐ Wednesday ☐ [________] from [____] PM to [____] PM (☐ with overnight ☐ without overnight)
• Summer: [____] weeks of extended parenting time with at least 30 days' written notice; non-consecutive unless agreed otherwise
• School Breaks: See Holiday Schedule in Section 5.7

5.3 Expanded Unsupervised Schedule:

• Alternating Weekends: Every other weekend from Friday after school to Monday morning school drop-off
• Midweek Visits: Two evenings per week from after school to [____] PM
• Summer: [____] weeks of extended parenting time (consecutive or split)
• School Breaks: See Holiday Schedule in Section 5.7

5.4 Supervised Parenting Time:

If the Court has ordered or the parties have agreed to supervised parenting time:

• Supervisor: ☐ Court-approved professional supervisor ☐ Supervised visitation center: [________________________________] ☐ Agreed-upon family member: [________________________________]
• Frequency: [________________________________]
• Duration: [________________________________] per visit
• Location: [________________________________]
• Cost of Supervision: Paid by ☐ Non-Custodial Parent ☐ Shared ☐ Other: [________________________________]
• Conditions for Transitioning to Unsupervised:
  ☐ Completion of parenting classes
  ☐ Completion of substance abuse treatment and [____] months of clean drug screens
  ☐ Completion of anger management program
  ☐ Completion of domestic violence intervention program (Georgia-certified)
  ☐ Favorable recommendation from supervisor
  ☐ Favorable recommendation from Guardian ad Litem
  ☐ Court approval following review hearing
  ☐ Other: [________________________________]

5.5 Restricted/Therapeutic Visitation:

• Visitation shall occur only in a therapeutic setting with a licensed therapist present.
• Therapist: [________________________________]
• Frequency: [________________________________]
• This arrangement shall be reviewed by the Court every [____] months.

5.6 No Parenting Time:
☐ The Non-Custodial Parent shall have no parenting time at this time due to [________________________________]. The Non-Custodial Parent may petition the Superior Court for visitation upon demonstration of changed circumstances.

5.7 Holiday and Break Schedule:

Holiday parenting time takes precedence over the regular schedule.

ARTICLE VI. EXCHANGES AND TRANSPORTATION

6.1 Exchange Location:
☐ Custodial Parent's residence
☐ Child's school
☐ Neutral public location: [________________________________]
☐ Supervised exchange at: [________________________________]
☐ Other: [________________________________]

Family Violence Note: When a Family Violence Protective Order is in effect (O.C.G.A. § 19-13-4), exchanges should occur at a neutral, public location or through a third-party intermediary to ensure safety.

6.2 Transportation:
☐ The Non-Custodial Parent is responsible for pick-up and drop-off.
☐ The Custodial Parent transports for pick-up; Non-Custodial Parent transports for drop-off.
☐ Meet at midpoint: [________________________________]
☐ Other: [________________________________]

6.3 Exchange Conduct. Neither parent shall engage in confrontation, argument, or discussion of contested issues during exchanges. The child shall not be used as a messenger between parents.

ARTICLE VII. COMMUNICATION

7.1 Parent-Child Communication. The Custodial Parent shall facilitate reasonable communication between the Non-Custodial Parent and the child:

• Frequency: ☐ Daily ☐ [________________________________]
• Time: [________________________________]
• Duration: Approximately [____] minutes
• Method: ☐ Phone ☐ Video call ☐ Both
• The Custodial Parent shall not monitor, record, or interfere with these communications unless supervised contact has been ordered.

7.2 Between Parents. Parents shall communicate regarding the child's welfare through ☐ email ☐ text ☐ co-parenting application ☐ other: [________________________________].

7.3 Emergency Notification. The Custodial Parent shall notify the Non-Custodial Parent within 24 hours of any emergency, hospitalization, serious illness, serious injury, arrest, or contact by law enforcement or Georgia DFCS.

7.4 Information Sharing. Consistent with O.C.G.A. § 19-9-1(b)(1)(D), the Non-Custodial Parent shall have the right to independently access:

• Educational records, report cards, and progress reports
• Medical, dental, and vision records
• Health insurance information
• Extracurricular activity information
• School event notices

The Custodial Parent shall provide the Non-Custodial Parent with copies of report cards and significant medical information within [____] days of receipt.

ARTICLE VIII. CHILD'S ELECTION RIGHTS

8.1 The parents acknowledge that under O.C.G.A. § 19-9-3(a)(5), when the child reaches age 14, the child may elect the parent with whom to live. This election is presumptive unless the court determines the selected parent is not in the child's best interest. The child may exercise this election only once every two years.

8.2 When the child reaches age 11 but is not yet 14, the court shall consider the child's desires and educational needs under O.C.G.A. § 19-9-3(a)(4), but the child's preference is not independently determinative.

8.3 Neither parent shall coach, pressure, bribe, or manipulate the child regarding custodial preferences.

ARTICLE IX. RELOCATION

9.1 Notice Required. Under O.C.G.A. § 19-9-3(f), any parent who intends to change the child's residence shall provide the other parent written notice at least 30 days before the anticipated move, including the full new address.

9.2 Custodial Parent Relocation Within Georgia. The Custodial Parent may relocate with the child within Georgia upon providing 30 days' notice with the new address, provided the move does not materially impair the Non-Custodial Parent's parenting time. If the move materially affects parenting time, the parties shall negotiate a revised schedule in good faith.

9.3 Relocation Outside Georgia. The Custodial Parent shall not relocate the child outside the State of Georgia without:
(a) Written consent of the Non-Custodial Parent; or
(b) Court approval from the Superior Court of [________________________________] County.

9.4 Non-Custodial Parent Relocation. The Non-Custodial Parent shall provide the Custodial Parent 30 days' written notice before relocating, including the new address. If relocation materially affects the parenting schedule, the parties shall negotiate in good faith.

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.
☐ A Temporary Protective Order or Permanent Protective Order is in effect: Case No. [________________________________], entered [__/__/____], expiring [__/__/____].
☐ Past family violence was a factor in the sole custody determination. Details: [________________________________]

10.2 Safety Provisions. If family violence has occurred:
☐ The Non-Custodial Parent shall have no direct contact with the Custodial Parent except through a co-parenting application or designated third party.
☐ Exchanges shall occur at a public location or through a third party.
☐ Parenting time shall be supervised (see Article V, Section 5.4).
☐ The Non-Custodial Parent shall complete a Georgia-certified Family Violence Intervention Program (FVIP).
☐ Other: [________________________________]

ARTICLE XI. COVENANTS AND RESTRICTIONS

11.1 Non-Interference. The Non-Custodial Parent shall not interfere with the Custodial Parent's decision-making authority, the child's school enrollment, medical care, or daily routine.

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

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

11.4 Substance Restrictions. The Non-Custodial Parent shall not use illegal substances at any time or consume alcohol to the point of impairment during parenting time or within [____] hours prior to parenting time.

11.5 Firearms Safety. All firearms in any residence where the child stays shall be stored unloaded in a locked container with ammunition stored separately, inaccessible to the child.

11.6 Timely Return. The Non-Custodial Parent shall return the child to the Custodial Parent at the scheduled time and location. Late return without prior notice and reasonable excuse shall constitute a material breach.

11.7 No Unauthorized Third-Party Custody. The Non-Custodial Parent shall not allow any unauthorized person to exercise custodial care of the child during parenting time without prior consent of the Custodial Parent.

11.8 Right of First Refusal. If the Custodial Parent will be absent from the child for more than [____] consecutive hours, the Custodial Parent shall first offer the Non-Custodial Parent the opportunity to care for the child.

ARTICLE XII. FINANCIAL PROVISIONS

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

12.2 Health Insurance. ☐ Custodial Parent ☐ Non-Custodial Parent shall maintain health, dental, and vision insurance for the child.

12.3 Unreimbursed Medical Expenses. Unreimbursed medical, dental, vision, orthodontic, mental health, and prescription costs shall be divided:
☐ Custodial Parent [____]% / Non-Custodial Parent [____]%
☐ Equally (50/50)
☐ Non-Custodial Parent pays 100%
☐ Other: [________________________________]

12.4 Childcare and Extracurricular Costs:
☐ Borne entirely by the Custodial Parent
☐ Shared: Custodial Parent [____]% / Non-Custodial Parent [____]%
☐ Other: [________________________________]

ARTICLE XIII. DISPUTE RESOLUTION

13.1 Mediation. Before filing any contested motion with the Superior Court (except in cases of emergency or family violence), the parties shall participate in mediation through a court-approved mediator or the ADR program of the [________________________________] Judicial Circuit.

Important: Mediation shall not be required where family violence has occurred. O.C.G.A. § 19-13-1; Georgia Commission on Family Violence Judicial Protocol.

13.2 Court. If mediation fails or is inapplicable, either party may petition the Superior Court of [________________________________] County for enforcement or modification. The prevailing party may seek reasonable attorney's fees under O.C.G.A. § 19-9-3(g).

13.3 Contempt. Violation of any term of this Agreement, once incorporated into a court order, may subject the violating party to contempt of court proceedings, including sanctions, jail time, and an award of attorney's fees.

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

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 independently constitute a material change of circumstances.

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 retains exclusive, continuing jurisdiction.

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

15.4 Entire Agreement. This Agreement constitutes the entire understanding between the parties regarding custody, superseding all prior agreements.

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

SIGNATURES

CUSTODIAL PARENT:

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]

NON-CUSTODIAL PARENT:

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]

ORDER OF THE COURT

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

The foregoing Sole Custody Agreement having been reviewed by the Court, and the Court finding that sole custody to the Custodial Parent is in the best interests of the child pursuant to the factors set forth in O.C.G.A. § 19-9-3(a)(3), including consideration of evidence of family violence (O.C.G.A. § 19-9-3(a)(3)(P)), substance abuse (O.C.G.A. § 19-9-3(a)(3)(Q)), and all other relevant factors, it is hereby

ORDERED that:

1. Sole legal and physical custody of the child is awarded to [________________________________] (Custodial Parent).
2. The Non-Custodial Parent shall have parenting time as set forth in Article V of the Agreement.
3. The terms of the Agreement are incorporated into this Order and 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) — Consideration of desires of child age 11-13
• O.C.G.A. § 19-9-3(a)(5) — Presumptive election by child age 14+
• 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
• O.C.G.A. § 19-13-4 — Protective orders
• Georgia Constitution, Art. VI, § IV, Par. I — Superior Court jurisdiction
• Georgia Commission on Family Violence, Judicial Protocol for Family Violence Cases