Types of Child Custody in Georgia: Legal Custody vs Physical Custody

Quick Answer

If a move for a new job would interfere with the other parent’s parenting time or require a major schedule change, you may need to seek a custody modification. Whether it is allowed depends on your current court order and how custody is structured.

“We share custody” Can Mean Different Things

People often say they “share custody,” but that phrase can mean different legal arrangements. In Georgia, custody is usually discussed in two separate categories: legal custody and physical custody.

What is Legal Custody?

Legal custody is decision-making authority. It covers major decisions such as education, medical care, extracurricular activities, and religious upbringing. Many parents share joint legal custody, even when the child lives primarily with one parent.

For a full breakdown, see Basics of child custody in Georgia.

What is Physical Custody?

Physical custody is where the child lives day to day and how parenting time is scheduled. Even when parents share legal custody, one parent may still be named the primary physical custodian with the other parent having a set parenting time schedule.

Can a move to Atlanta violate the custody arrangement?

It depends on your current order. If relocating would change exchanges, reduce the other parent’s parenting time, or require a school change, the other parent may object, and you may need court approval or a modification.

A court will typically focus on the child’s best interests and the practical impact of the move on parenting time and stability.

If you need advice based on your order, talk to a Macon child custody lawyer.

When a Custody Modification May be Needed

If the move requires a major change to the schedule, you may need to file for a modification of the custody order. The right steps depend on the facts, the existing decree, and how your parenting plan is written.

Talk with a Child Custody Lawyer in Macon

If you are considering a move or job change and you are worried about violating your custody order, it’s best to review your current decree before making decisions that could escalate conflict.

Call (478) 239-2780 or start with our Middle Georgia family law attorneys page.

Lawyers at Brodie Law Group

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