Georgia Senate Bill 404, introduced on January 15, 2026, would fundamentally change how custody is decided in Georgia by creating a legal presumption that joint legal and physical custody with equal parenting time is in the best interest of the child. If passed, SB 404 would shift Georgia from a discretion-heavy judicial system to one where 50/50 shared parenting is the starting point in every custody case.
Key Facts
| Detail | Information |
|---|---|
| What happened | Georgia SB 404 proposes joint custody as the default arrangement |
| Introduced | January 15, 2026 |
| Jurisdiction | Georgia (General Assembly, 2025-2026 session) |
| Current law | O.C.G.A. § 19-9-3 gives judges broad discretion using 17 best-interest factors |
| Proposed change | Rebuttable presumption that equal shared parenting time serves the child's best interest |
| Who's affected | All parents in contested custody cases across Georgia's 159 counties |
What SB 404 Would Actually Change
Georgia SB 404 creates a rebuttable legal presumption that joint legal custody and joint physical custody, with substantially equal parenting time, serves the best interest of the child. That is a significant departure from how Georgia courts currently operate. Under the existing framework established by O.C.G.A. § 19-9-3, judges weigh 17 separate factors to determine custody, with no built-in preference for any particular arrangement. The statute lists considerations ranging from the emotional ties between parent and child to each parent's involvement in the child's educational and extracurricular activities, but it does not tell courts where to start.
The practical effect of SB 404 is straightforward: if you walk into a Georgia courtroom seeking custody, the court would begin with the assumption that a 50/50 split is appropriate. The parent opposing equal time would carry the burden of proving why that arrangement does not serve the child's best interest. Under current law, neither parent starts with that advantage.
According to Fathers Incorporated, which has tracked shared parenting legislation nationwide, more than 30 states have considered similar presumptive joint custody bills since 2020. Approximately 12 states, including Kentucky, Arizona, and Arkansas, have already enacted some form of shared parenting presumption. Kentucky's 2018 law, which established a presumption of equal parenting time, saw a 10% reduction in custody-related litigation within the first two years of implementation, according to data from the Kentucky Administrative Office of the Courts.
How Georgia Law Currently Handles Custody
Georgia's custody framework under O.C.G.A. § 19-9-3(a) is built entirely around judicial discretion guided by the child's best interest. The statute enumerates 17 factors courts must consider, including the love and emotional ties between the child and each parent, each parent's capacity to give the child love, affection, and guidance, and each parent's knowledge and familiarity with the child's needs.
Georgia law already permits joint custody. Under O.C.G.A. § 19-9-6, courts can award joint legal custody, joint physical custody, or both. The distinction is that current law allows it without presuming it. Judges are free to order sole custody, primary physical custody with visitation, or any arrangement they determine serves the child. In practice, Georgia courts have historically favored one primary custodial parent with standard visitation for the other, though that trend has shifted over the past decade.
One critical limitation of SB 404 that advocates and critics alike have noted: Georgia's legitimation statute, O.C.G.A. § 19-7-22, requires unmarried fathers to petition the court to establish legal rights to their children before they can seek custody at all. SB 404 does not amend this requirement. An unmarried father in Georgia still has no legal standing to request custody, including under a 50/50 presumption, until he successfully completes the legitimation process, which requires filing a separate legal action and, in contested cases, can take 6 to 12 months and cost $3,000 to $8,000 in attorney fees.
The bill also includes exceptions. The presumption of equal parenting time would not apply in cases involving substantiated domestic violence, child abuse, substance abuse, or where a parent has been absent from the child's life for an extended period. These carve-outs mirror the approach taken by Arizona under A.R.S. § 25-403.03, which established a maximized parenting time standard in 2013 with similar exceptions.
Three Things Georgia Parents Should Understand
-
SB 404 is a bill, not a law. It has been introduced and referred to committee but has not been voted on. Georgia's legislative session typically runs from January through late March or early April, and family law bills frequently carry over to the following session. Even bills with bipartisan support can take 2 to 3 sessions to pass. Do not make custody assumptions based on proposed legislation.
-
A presumption is rebuttable, not absolute. If SB 404 passes, a parent can still argue that equal parenting time is not in the child's best interest. The court would still apply the 17 factors under O.C.G.A. § 19-9-3, but the parent seeking unequal time would need to present evidence showing why 50/50 does not work. Factors like geographic distance between parents, work schedules, a child's school district, and the child's own preference (Georgia allows children 14 and older to choose their custodial parent under O.C.G.A. § 19-9-3(a)(5)) all remain relevant.
-
Unmarried fathers face an additional legal step that SB 404 does not remove. Georgia is one of a handful of states where an unmarried father must file a separate legitimation action under O.C.G.A. § 19-7-22 before he has any legal rights to his child, including custody or visitation. Being listed on the birth certificate alone does not confer legal rights in Georgia. If you are an unmarried father, you need to address legitimation before a shared parenting presumption would apply to your case.
Frequently Asked Questions
Is joint custody already the default in Georgia?
No. Georgia law under O.C.G.A. § 19-9-3 does not presume any particular custody arrangement. Judges evaluate 17 best-interest factors and have broad discretion to award sole custody, joint custody, or any combination. SB 404 would change this by making equal shared parenting the presumptive starting point, shifting the burden to the parent seeking a different arrangement.
When would SB 404 take effect if passed?
Georgia's 2025-2026 legislative session runs from January through approximately March or April 2026. If SB 404 passes both chambers and the governor signs it, it would likely take effect on July 1 of that year, following Georgia's standard effective date for new legislation. Family law bills in Georgia have historically required 2 to 3 sessions to pass, so a 2027 effective date is also possible.
Does SB 404 affect child support calculations in Georgia?
SB 404 focuses on custody and parenting time, not child support directly. However, Georgia's child support guidelines under O.C.G.A. § 19-6-15 include parenting time adjustments that reduce the noncustodial parent's obligation based on overnight counts. A shift to 50/50 physical custody would affect child support calculations for many families, potentially reducing the support amount by 10% to 25% depending on income levels and the specific parenting schedule.
Can a parent still get sole custody under SB 404?
Yes. SB 404 creates a rebuttable presumption, meaning it can be overcome with evidence. Cases involving documented domestic violence, child abuse or neglect, substance abuse, parental absence, or other safety concerns would allow the court to deviate from equal parenting time. The parent seeking sole custody bears the burden of presenting this evidence to the court.
How does Georgia's proposed law compare to other states?
Georgia would join approximately 12 states that have enacted shared parenting presumptions. Kentucky passed its law in 2018 and saw a 10% drop in custody litigation within two years. Arizona adopted a maximized parenting time standard in 2013 under A.R.S. § 25-403.03. Arkansas enacted a similar presumption in 2021. Each state's implementation differs in the specific standard ("equal" vs. "maximized" vs. "substantial") and the exceptions that allow deviation.
If you are navigating a custody matter in Georgia, whether under the current framework or in anticipation of potential changes, connecting with a local family law attorney is the most effective step you can take. Georgia's 159 counties each have their own superior court judges, and local practice can vary significantly from one courthouse to the next.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.