How is a custodial parent defined in Georgia, and what rights do they have?

Kellyn Kidwell, Georgia managing attorney | Marble Law

Georgia managing attorney at Marble Law

Published March 9, 2025 · 3 min read

Key Takeaways

In Georgia, the custodial parent is the one that the child lives with more than half the time.
The other parent is called the noncustodial parent.
Custodial parents have the right to make decisions about the child’s daily life and well-being. However, the noncustodial parent may also have legal custody and therefore have the right to make decisions about the child’s health, education and religion.
A custodial parent doesn’t necessarily have sole custody of the child. Sole custody is when only one parent has custody of their child.

What is a custodial parent?

In Georgia, the custodial parent is the one that the child resides with more than 50 percent of the time. In instances where each parent shares the child equally, the court must designate which parent will be considered the custodial parent. Normally, this designation is awarded to the parent who has the lesser financial support obligation. However, if the court can’t determine which parent has the lesser obligation, it designates the custodial parent at its discretion.

What rights do custodial parents have?

Being designated as the custodial parent doesn’t mean the noncustodial parent has lost any rights or responsibilities related to the upbringing of the child. Rather, the term custodial parent is mostly used for the purposes of calculating the child support obligation of each parent.

Therefore, each parent still has rights, including the right to visitation with the child. The parents may also share legal custody. If they do, they both have a right to make decisions about the child’s education, religion and healthcare.

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Does a custodial parent have sole custody?

Many people confuse being the custodial parent with being awarded “sole custody” of the child. "Sole custody" means that person has permanent custody of the child by a court order. This person typically has the rights and responsibilities for all major decisions concerning the child, including the child's education, healthcare, extracurricular activities and religious training. However, the noncustodial parent may still be entitled to visitation with the child.

A child wearing a backpack walking in the street

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