Georgia law requires a parenting plan under O.C.G.A. § 19-9-1 in every divorce or custody case involving children. The plan must designate physical custody for each day of the year, allocate decision-making authority over education, health, extracurricular activities, and religion, and be incorporated into the final order. Filing costs $200-$230.
Key Facts: Parenting Plans in Georgia
| Item | Detail |
|---|---|
| Filing Fee | $200-$230 (varies by county; Fulton $223, Gwinnett ~$215) |
| Waiting Period | 30 days after service before a divorce can be finalized |
| Residency Requirement | 6 months in Georgia before filing (O.C.G.A. § 19-5-2) |
| Grounds | No-fault (irretrievably broken) plus 12 fault grounds |
| Property Division Type | Equitable distribution (not community property) |
| Governing Statute | O.C.G.A. § 19-9-1 (parenting plan), O.C.G.A. § 19-9-3 (custody) |
As of March 2026. Verify with your local clerk.
What Is a Parenting Plan in Georgia?
A parenting plan Georgia courts will accept is a written document that allocates physical custody, parenting time, and decision-making authority between two parents. Under O.C.G.A. § 19-9-1, a parenting plan is mandatory for every permanent custody and modification action, and the final order in any case involving a child's custody must incorporate a permanent parenting plan. Courts cannot grant a divorce involving minor children without one.
The statute exists to reduce future litigation by forcing parents to address specifics upfront. Georgia adopted the mandatory parenting plan requirement to replace vague custody orders that triggered repeated court returns. The plan governs daily life: where the child sleeps each night, who decides about surgery, and how holidays rotate. Because O.C.G.A. § 19-9-1 requires the plan to designate where the child will spend each day of the year, a Georgia custody agreement must be far more detailed than a simple "every other weekend" arrangement. Judges may require a parenting plan even at temporary hearings at their discretion, though it is mandatory at the permanent stage.
What Must a Georgia Parenting Plan Include?
A Georgia parenting plan must include four mandatory recognitions and six specific provisions under O.C.G.A. § 19-9-1(b). The recognitions affirm the child's best interest, acknowledge changing needs, confirm day-to-day decision authority for the custodial parent, and guarantee both parents access to all records. The six provisions address the daily schedule, holidays, transportation, supervision, decision-making, and contact limitations.
The four required recognitions under O.C.G.A. § 19-9-1(b)(1) are:
- A recognition that a close and continuing parent-child relationship and continuity in the child's life serves the child's best interest;
- A recognition that the child's needs will change as the child matures, with both parents committing to minimize future modifications;
- A recognition that the parent with physical custody makes day-to-day and emergency decisions while the child resides with that parent;
- A confirmation that both parents have access to all of the child's records, including education, health, health insurance, extracurricular activities, and religious communications.
The six specific provisions under O.C.G.A. § 19-9-1(b)(2) require the parenting plan to state where the child will be each day of the year, how holidays and vacations are divided down to start and end times, transportation and exchange logistics including who pays costs, whether any parenting time needs supervision, how decision-making authority over education, health, extracurricular activities, and religion is allocated, and any limitations on contact while one parent has physical custody.
The Two Types of Custody in a Georgia Parenting Plan
Georgia parenting plans allocate two distinct types of custody: legal custody (decision-making authority) and physical custody (where the child lives). Under O.C.G.A. § 19-9-3, there is no presumption favoring either parent or any particular custody form. Most Georgia courts award joint legal custody, where both parents share major decisions, while designating one parent as the primary physical custodian and tie-breaker on disputes.
Legal custody covers four decision areas the statute specifically names: education, healthcare, extracurricular activities, and religious upbringing. In joint legal custody, the parenting plan must designate a final decision-maker for each category in case parents deadlock. This prevents stalemates. A common Georgia arrangement gives one parent final say over education and the other final say over healthcare, splitting authority to balance influence.
Physical custody determines the co-parenting schedule and the actual parenting time schedule each parent receives. Georgia recognizes joint physical custody (substantially shared time, including 50/50) and primary physical custody (one parent has the child more than 50% of overnights). The number of overnights matters financially: Georgia's revised child support guidelines under O.C.G.A. § 19-6-15 now tie support amounts to parenting time, with parenting time adjustments becoming mandatory in 2026. A visitation schedule that increases one parent's overnights can directly reduce or increase the child support obligation.
How a Child's Age Affects Custody in Georgia
A child's age changes how much weight Georgia courts give the child's preference. Under O.C.G.A. § 19-9-3, a child age 14 or older has a presumptive right to select the parent with whom they will live, overridden only if that parent is found not in the child's best interest. Children ages 11 to 13 have their desires considered, but the judge retains complete discretion and the preference is not controlling.
The 14-and-older election applies only to physical custody, not legal custody. A 14-year-old can choose which parent they live with, but cannot dictate who holds final decision-making authority. The election is made by signing an Election Affidavit under oath submitted to the court, or communicated through a guardian ad litem. While presumptive, judges interview children privately in chambers to screen for parental coaching or coercion, and evidence of pressure can damage the offending parent's position.
For children ages 11 to 13, O.C.G.A. § 19-9-3 directs the judge to consider the desires and educational needs of the child, but grants the judge complete discretion over how those desires are weighed. A key difference affects future modification actions: a 14-year-old's election can by itself constitute a material change of circumstances (once every two years), while an 11-to-13-year-old's preference cannot, on its own, trigger a custody modification action.
Comparing Common Co-Parenting Schedules
Georgia parents typically choose among three or four standard co-parenting schedule templates, then customize them. The most common primary-custody schedule gives the non-custodial parent alternating weekends plus one weeknight, yielding roughly 4-6 overnights per month. True 50/50 schedules use week-on/week-off or 2-2-3 rotations. Because overnights now drive child support calculations under the 2026 guidelines, the schedule choice carries financial consequences.
| Schedule Type | Overnight Split | Typical Use Case |
|---|---|---|
| Standard (alt. weekends + 1 weeknight) | ~80/20 | Primary physical custody to one parent |
| Every extended weekend (Thu-Mon) | ~70/30 | More involved non-custodial parent |
| 2-2-3 rotation | 50/50 | Younger children needing frequent contact |
| Week-on/week-off | 50/50 | Older children, cooperative parents |
| Nesting (child stays, parents rotate) | Varies | Short-term transition arrangements |
Whichever co-parenting schedule parents choose, O.C.G.A. § 19-9-1 requires the parenting plan to designate where the child spends every single day of the year. A vague schedule will be rejected. The plan must also resolve holiday rotation specifically, including the start and end time of each holiday period, so that Thanksgiving, winter break, spring break, and the child's birthday are assigned with exact dates and times.
Holiday, Vacation, and Special Occasion Scheduling
Georgia parenting plans must allocate every holiday, birthday, vacation, and school break with specific start and end times under O.C.G.A. § 19-9-1(b)(2). The most common method alternates major holidays by year: one parent has Thanksgiving in even years and the other in odd years, with Christmas often split into two periods. This precision is legally required, not optional, and prevents the recurring disputes that vague plans generate.
A standard Georgia holiday schedule divides the calendar into recurring categories. Winter break is frequently split at a midpoint, giving each parent roughly one week, with the halves alternating yearly. Summer typically grants each parent two to four uninterrupted weeks of vacation, with a deadline (often April or May) for each parent to notify the other of chosen dates. Mother's Day always goes to the mother and Father's Day to the father regardless of the regular rotation. The child's birthday and each parent's birthday are commonly assigned to allow the child to spend time with the relevant parent.
Transportation for these exchanges must also be specified. The parenting plan must state the exact exchange location, who provides transportation, and how costs are divided, per O.C.G.A. § 19-9-1(b)(2). Many Georgia plans designate a neutral midpoint or use the rule that the receiving parent drives, reducing conflict at handoffs.
How to File a Parenting Plan in Georgia
A Georgia parenting plan is filed with the Clerk of the Superior Court in the county where the respondent resides, alongside the divorce or custody complaint. The filing fee ranges from $200 to $230 depending on county, plus $50-$100 for service of process. If the respondent lives outside Georgia, the filing parent files in their own county of residence under Georgia venue rules.
When both parents agree, they jointly submit a single proposed parenting plan signed by both. When parents disagree, O.C.G.A. § 19-9-1 requires each parent to file and serve a separate proposed parenting plan by the date the court sets. Failure to file a parenting plan can result in the judge adopting the opposing parent's plan if the court finds it serves the child's best interest. This penalty makes timely filing essential.
Georgia requires the divorcing parent to satisfy the six-month residency rule under O.C.G.A. § 19-5-2 before the court has jurisdiction. The state imposes a 30-day waiting period under O.C.G.A. § 19-5-3: the court cannot finalize the divorce until 30 days after the respondent is served. Fee waivers are available for applicants at or below 125% of federal poverty guidelines ($19,506 for a single person in 2026) through an Affidavit of Indigence, which waives both the filing fee and service costs. As of March 2026. Verify with your local clerk.
Modifying a Georgia Parenting Plan
Georgia parents can modify a parenting plan by showing a material change in circumstances that affects the child's welfare, under O.C.G.A. § 19-9-3. Unlike custody modifications, parenting time changes can be requested once every two years without proving a material change, though the parent must still show the change serves the child's best interest. Relocation by a custodial parent always qualifies as grounds for a modification hearing.
The material change standard requires showing new conditions that substantially affect the child's interests since the prior order. The original custodial parent need not be proven unfit; the court asks only whether circumstances changed and whether modification now serves the child's best interest. Common qualifying changes include a parent's relocation, a 14-year-old's election to change custodians, a substantial change in either parent's work schedule or financial situation, and evidence of the child's declining well-being.
Georgia's 2024 reform, SB 454, amended the child support statute at O.C.G.A. § 19-6-15 and made parenting time adjustments mandatory starting in 2026. Because support now ties directly to overnights, a parenting plan modification that shifts the parenting time schedule can trigger a child support recalculation. Informal agreements between parents are not enforceable: any change to custody or parenting time must be formalized through a court order to have legal effect.