When navigating child custody arrangements, understanding key terms like physical custody forms the foundation for making informed decisions. At Hobson & Hobson, P.C., our Atlanta family law attorneys help parents clarify these concepts while protecting their children’s best interests.
Physical Custody Definition
Physical custody determines where a child primarily lives and which parent handles daily care responsibilities. In Georgia, this arrangement focuses on:
- Residential stability for the child
- Logistics for school attendance and extracurricular activities
- Allocation of parenting time schedules
Courts often award joint physical custody (shared living arrangements) or sole physical custody (one primary residence). Unlike legal custody, which governs decision-making rights, physical custody addresses practical living conditions.
Legal Custody vs Physical Custody: Key Differences
While these terms are often paired, they serve distinct roles:
| Aspect | Physical Custody | Legal Custody |
|---|---|---|
| Focus | Living arrangements & daily care | Major decisions (education, healthcare, etc.) |
| Common Arrangements | Sole/Joint | Sole/Joint |
| Modification Process | Requires showing substantial change in circumstances | Same standard applies |
Georgia courts frequently award joint legal custody (shared decision-making) even if one parent has primary physical custody.
How Georgia Courts Determine Physical Custody
Judges evaluate multiple factors under O.C.G.A. § 19-9-3, including:
- Each parent’s ability to provide stability
- The child’s existing bonds with siblings/caregivers
- Geographic proximity between parents’ homes
- History of domestic violence or substance abuse
Hobson & Hobson’s attorneys use mediation strategies to negotiate parenting plans that minimize court intervention while ensuring enforceable agreements.
Modifying Physical Custody Orders
Changes require demonstrating substantial material changes, such as:
- Relocation impacting school access
- Parental incapacity due to health issues
- Child’s expressed preferences (if age-appropriate)
Our firm files modification petitions efficiently, using tools like parenting time tracking apps to document violations or necessary adjustments.
Why Work with a Child Custody Attorney?
Georgia’s custody laws contain nuances that impact long-term outcomes:
- 50/50 legal custody doesn’t guarantee equal parenting time
- Third-party custodians (grandparents/relatives) require specific petitions
- International relocations trigger additional legal hurdles
Hobson & Hobson’s team combines 30+ years’ experience with modern tools like virtual mediation to resolve cases swiftly.
FAQ: Physical and Legal Custody
What’s the difference between physical custody and legal custody? Physical custody governs where a child lives, while legal custody determines who makes major life decisions. Both can be sole or joint.
Does joint legal custody mean equal parenting time? No. Joint legal custody refers to shared decision-making rights, not necessarily a 50/50 physical custody split.
Can grandparents seek physical custody? Yes, through third-party custody petitions if parents are deemed unfit. Our attorneys help relatives navigate this complex process.
How is child support calculated with joint physical custody? Georgia uses income shares models, factoring both parents’ earnings and parenting time percentages. Use our child support calculator for estimates.
What if my ex violates our custody order? Document breaches and contact us immediately. We file contempt motions to enforce agreements through fines or revised orders.
For personalized guidance on custody matters, schedule a consultation with Hobson & Hobson’s child custody attorneys or explore alternative dispute resolution through our arbitration services.
External Resources
- American Bar Association: Child Custody Basics
- Georgia Legal Aid: Custody Modifications
- Mediation vs. Litigation Guide
- Georgia Courts Self-Help Portal
Attorney Sarah Hobson at Hobson and Hobson, P.C. are powerful advocates for those who fight for better futures for those going through divorce and custody law matters.
