What factors determine whether a parent is awarded sole custody in Georgia?

Kellyn Kidwell, Georgia managing attorney | Marble Law

Georgia managing attorney at Marble Law

Published March 9, 2025 · 3 min read

Key Takeaways

Sole custody is when one person has the rights and responsibilities for all major decisions regarding a child.
Georgia courts rarely award sole custody.
To determine custody, Georgia courts consider what is in the best interest of the child. A number of factors go into this decision, including the child’s relationship with each parent, any special needs the child has, the child’s school record and each parent’s home environment.
Sole custody may be awarded in situations where one parent is unwilling or unfit to provide for the child, such as when there’s a history of abuse of any type, domestic violence or neglect.

What is sole custody?

A person with sole custody has been awarded permanent custody of a child by a court order. This person has the rights and responsibilities for all major decisions concerning the child. This includes the child’s health care, religious upbringing, education and extracurricular activities.

Many people confuse “sole custody” with being a custodial parent. However, the custodial parent is the one that the child lives with more than 50 percent of the time. This parent may not have sole custody.

How is custody awarded in Georgia?

As in many states, in Georgia, custody is awarded based on what is in the child’s best interest. Factors used to determine this include and aren’t 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

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What factors determine if a parent is awarded sole custody?

The above factors determine if a parent is awarded sole custody. The bottom line is: What is in the best interest of the child? That said, sole custody is rare. It’s most often reserved for situations where a parent is unfit, unwilling or unable to properly provide for a child. Such instances may include but aren’t limited to cases involving:

A parent and a child holding hands during sunset

Physical, sexual, substance or emotional abuse
Domestic violence
Neglect toward the child or other parent
Abduction
False allegations
Violation of orders
Parental alienation

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.