What does it mean to be a custodial parent in Georgia, and what responsibilities does that entail?

Kellyn Kidwell, Georgia managing attorney | Marble Law

Georgia managing attorney at Marble Law

Published March 9, 2025 · 6 min read

Key Takeaways

In Georgia, the custodial parent is the one whom the child resides with the majority of the time.
Custodial parents’ primary responsibilities are to provide supervision, shelter, clothing and food for the child. This is considered physical custody.
Custodial parents may or may not also have legal custody. If they do, they’re responsible for making decisions about the child’s upbringing, including their education, medical care and religious practices.
Parents may share physical and legal custody, or one parent may be rewarded sole physical and legal custody. There may also be instances where the parents share physical type of custody but one parent has sole legal custody.

What is a custodial parent?

In Georgia, the parent the child spends more than half their time with is considered the custodial parent. If the child spends an equal amount of time with both parents, the court decides which one is the custodial parent. In most instances, the parent who has the lower financial responsibility for child support is named the custodial parent. However, if the court can’t figure out which parent has the smaller support obligation, it will make the decision based on what it thinks is best.

The other parent is the noncustodial parent. This parent either cares for the child the remainder of the time, has visitation rights or has no visitation rights.

Types of custody in Georgia

There are several different forms of custody in Georgia. These include:

Physical custody refers to where the child lives. When a parent has physical custody, they must provide for the child’s daily care and supervise them.
Legal custody refers to who has the authority to make major decisions about how a child is raised. Most often, these decisions include the child’s education, religion and medical care.

Physical and legal custody can be further broken down into sole, joint and primary custody.

Sole custody typically means the parent doesn’t have to consult their coparent when making major decisions about the child’s life.
Joint custody means the parents share decision-making authority.
Primary custody refers to physical custody. If a child lives with a parent for more than 50 percent of the time, that parent has primary custody.

Given all of these options, the judge at any temporary or permanent hearing may grant any of the following:

Joint legal and physical custody to both parents.
Joint legal custody to both parents with primary physical custody to one parent.
Sole legal and physical custody to one parent. This parent also has primary custody, and the noncustodial parent may have visitation rights.

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What responsibilities do custodial parents have?

Custodial parents have physical custody of the child. Therefore, their primary responsibility is to provide for the child’s daily needs. This includes:

Shelter
Food
Clothing

Note that when parents share physical custody, the noncustodial parent is also expected to provide these things when the child is in their care.

How is custody determined in Georgia?

When awarding custody, the judge’s duty is to determine what is in the best interest of the child and what will best promote the child's welfare and happiness.

In determining the best interests of the child, the judge considers many factors that address how responsible a parent is in rearing the child. Georgia law instructs a judge to consider any relevant factors including, but not limited to the child’s:

Physical safety and welfare, including food, shelter, health, and clothing
Need for stability and continuity of relationships with other family members and caregivers
Sense of attachments, including his or her sense of security and familiarity, and continuity of this affection for the child
Community ties, including church, school, and friends
Home, school, and community record and history, plus any health or educational special needs
Background and ties, including familial, cultural, and religious

The court also factors in each parent’s:

Relationship with the child and whether that parent fosters love, affection, and bonding with the child
Capacity and disposition to give the child love, affection, and guidance and to continue the education and rearing of the child
Ability to provide a home environment that promotes nurturance and safety of the child rather than superficial or material factors
Mental and physical health
History of any family violence or sexual, mental, or physical child abuse

Other factors to determine the best interests of the child may include the:

Love, affection, bonding, and emotional ties the child has with any siblings, half siblings, stepsiblings, and/or other the residents of the home
Stability of the family unit and the presence or absence of support systems within the community to benefit the child
Least disruptive placement alternative for the child
Preferences of the persons available to care for the child
Uniqueness of every family and child

Lastly, courts often also consider:

Any risks of entering and being in substitute care
The child’s wishes
Any recommendation by a court appointed custody evaluator or guardian ad litem
Any other factors considered by the court to be relevant and proper to its determination

The Court will also determine which parent is entitled to final decision-making authority on certain issues related to the upbringing of the child. As an example, the custodial parent may be awarded final authority on issues related to medical and educational care, while the noncustodial parent may be awarded final authority on issues of extracurricular activity and religious upbringing.

Need help with your custody case?

Custody cases can be complex. A lawyer can help you and your employer prepare the proper documentation, meet deadlines, and avoid costly mistakes. Marble is here to guide you through every step, making the custody case process smoother and more efficient.