Family Court in Georgia: What Survivors Need to Know (Custody, TPOs, Support)

In Georgia, family law matters (divorce, custody, legitimation) are heard in the Superior Court.¹ The state has specific statutes under the Family Violence Act designed to protect survivors, but the process can be fast-moving, especially regarding Temporary Protective Orders (TPOs).

As of late 2025, Georgia courts continue to operate under a "Best Interests of the Child" standard that explicitly mandates judges to consider family violence as a primary factor in custody decisions.²

1. Terminology: Legal vs. Physical Custody

Georgia uses traditional custody terms, but it is important to understand the distinction:

• Legal Custody: The right to make major decisions (healthcare, education, religion, extracurriculars).³

  • Joint Legal Custody: The most common arrangement. Parents share decision-making.⁴

  • Tie-Breaker: In Joint Legal Custody, one parent is usually designated the "tie-breaker" for specific categories (e.g., Mom decides health, Dad decides sports) if they cannot agree. Survivors often fight for "tie-breaking authority" to prevent the abuser from blocking necessary decisions.

• Physical Custody: Who the child lives with (Primary vs. Joint).

• Legitimation: If you were not married when the child was born, the father has no legal rights to custody or visitation until he files a petition for "Legitimation."

2. The "Family Violence" Factor (O.C.G.A. § 19-9-3)⁵

While Georgia does not have a single "presumption" statute as strict as some other states, the law is clear on priorities.

• Safety First: Under O.C.G.A. § 19-9-3(a)(3), the judge must consider "any evidence of family violence" and "the safety and well-being of the child and of the parent who is the victim of family violence" as primary factors.⁶

• Impact on Custody: If the court finds a history of family violence, it can deny custody or order that visitation be supervised (e.g., at a visitation center or by a family member).⁷

• No "Friendly Parent" Trap: The law states that a parent who relocates to protect themselves or the child from violence should not be penalized or seen as "alienating" the other parent.⁸

3. Temporary Protective Orders (TPO)

A TPO is a powerful civil order under the Family Violence Act.⁹

• Ex Parte: You can get an emergency order immediately without the abuser present if you prove recent violence (usually within the last 30 days).¹⁰

• The Process:

  1. File a petition in the county where the abuser lives.¹¹

  2. See a judge for an Ex Parte hearing (immediate protection).

  3. Sheriff serves the abuser.¹²

  4. 12-Month Hearing: A full hearing is held within 30 days.¹³ You must attend.

• Relief: A 12-Month TPO can grant you temporary custody, temporary child support (verified by income), and possession of the family home or car.¹⁴

4. Mediation & Safety Exemptions

Most Georgia counties require mediation before a final trial.

• The Risk: Mediation requires negotiating with your abuser.

• The Exemption: If there is a history of domestic violence, you can often be exempted from mediation. You must inform the Alternative Dispute Resolution (ADR) office or the judge immediately.

• Safety Protocols: If you do mediate, you can request Shuttle Mediation (separate rooms) so you never have to see the abuser face-to-face.

5. Child Support & "Deviations"

• Income Shares Model: Georgia uses a calculator based on the combined income of both parents.¹⁵

• Deviations: The court can adjust the amount up or down.¹⁶

  • Low Income Deviation: If the paying parent has very low income.¹⁷

  • High Income Deviation: If the parents are high earners.¹⁸

  • Violence-Related Costs: While not a standard "box" on the worksheet, extraordinary costs related to the child's therapy due to witnessing violence can sometimes be factored in.

6. Relocation: The 30-Day Notice

Georgia has a specific rule regarding moving (O.C.G.A. § 19-9-1).

• The Rule: You must give 30 days' written notice to the other parent (and usually the court) before moving the child to a new address.

• Safety Warning: If you are fleeing immediate danger, prioritize safety, but you should file a TPO or an emergency custody modification immediately to explain why you moved without notice. Moving without a legal filing can be used against you as "interference with custody."

Frequently Asked Questions (FAQ)

Q1: Do I need a police report to get a TPO?

No. While a police report helps, it is not required. You can use text messages, photos of injuries, medical records, and witness testimony to prove the "act of family violence."19

Q2: Can I record my spouse's threats?

Yes. Georgia is a "One-Party Consent" state. This means you can legally record a conversation you are participating in (in person or over the phone) without the other person's permission. These recordings are often admissible in court to prove verbal abuse or threats.

Q3: Does the child get to choose where they live?

At age 14. In Georgia, a child aged 14 or older has the right to select which parent they want to live with.20 This selection is presumptive (the court usually follows it) unless the judge determines it is not in the child's best interest (e.g., if the child chooses the abuser due to manipulation).21 Children aged 11-13 can express a preference, but the judge is not bound by it.

Q4: Will I get "50/50" custody?

Not automatically. Unlike some states that presume 50/50, Georgia judges have wide discretion to decide based on the "Best Interests." If you present strong evidence of family violence, 50/50 is often deemed unsafe.

Q5: Can I get free legal help?

Yes. Georgia Legal Services Program (GLSP) serves low-income Georgians outside of Atlanta. Atlanta Legal Aid Society serves the 5-county metro Atlanta area. Both prioritize domestic violence cases for representation.

Q6: What if he violates the TPO?

Call 911. Violation of a Family Violence TPO is a crime (Aggravated Stalking or Violation of a Protective Order). The police must arrest the violator if there is probable cause.

References & Resources

• Georgia Legal Services Program: 1-833-GLSP-LAW (Outside Atlanta).

• Atlanta Legal Aid: 404-524-5811 (Metro Atlanta).

• Georgia Commission on Family Violence: gcfv.georgia.gov.

• Safe at Home (Address Confidentiality): Georgia does not have a formal statewide ACP like some states, but you can request your address be sealed in court files.

• Legislation: O.C.G.A. § 19-9-3 (Custody Factors), § 19-13-1 (Family Violence Act).²²