Quick Answer
No. Georgia courts generally do not allow “joint custody” between a parent and a grandparent. Joint custody arrangements are meant for parents. A grandparent (or other third party) may only be awarded custody in limited situations, usually when a court finds a parent is not a suitable custodian and the legal standard is met.
What Happened in Sheffield v. Sheffield
In Sheffield v. Sheffield (2016), the Georgia Court of Appeals reviewed a juvenile court order that gave joint legal custody to the child’s mother and the child’s grandmother.
The juvenile court found the child could suffer harm if custody were awarded to the mother, but it also found the mother was a fit parent under Georgia law. Even so, it awarded joint legal custody to the mother and grandmother.
The Court of Appeals reversed that part of the order.
The Legal Rule Georgia Courts Apply
Georgia law starts with a presumption that it is in a child’s best interests to be in the custody of a biological parent. To overcome that presumption, a third-party relative, such as a grandparent, generally must prove by clear and convincing evidence that awarding custody to a parent would cause one of the following:
- Physical harm
- Significant long-term emotional harm
Courts may look at facts like:
- Who the child’s past and present caretakers are
- With whom the child has formed bonds, and how strong those bonds are
- Whether the parties have shown consistent interest in and contact with the child over time
- Whether the child has unique medical or psychological needs that one party is better able to meet
Why the Court of Appeals Reversed the Trial Court
Even if a court is worried about harm, joint custody is not structured to be shared between a parent and a grandparent under current Georgia law. And if a parent is found to be fit and suitable, a third party generally cannot be awarded custody in a way that treats the grandparent like a co-parent.
A third party may be awarded custody only in narrow circumstances. This usually happens when the court finds that no parent is a suitable custodian and the legal standards are satisfied.
What this Means for Middle Georgia Families
If a custody dispute involves a grandparent or another relative, the legal standards can be different than a typical parent-versus-parent case. Small details matter, including who has been providing day-to-day care and how long the child has been in a stable routine.
If you’re facing a custody issue involving a third party, it’s worth getting guidance early so you don’t rely on assumptions about what a court can or cannot order.
Talk to a Child Custody Lawyer in Middle Georgia
If you are facing a custody dispute involving a grandparent or another third party, it helps to get advice early. Call our attorneys at (478) 239-2780 or start here: Middle Georgia family law attorneys.
Looking for local custody help?
