HB 1431: Child custody; presumption of joint physical custody in divorce proceedings; provide

Under current Georgia law (O.C.G.A. § 19-9-3), when parents disagree about custody, judges start with no built-in preference for either parent or for any particular custody arrangement. This bill would add a new presumption specifically for divorce cases: from the time a divorce is filed until a judge rules at a temporary or permanent hearing, the law would presume that both parents share joint physical custody. That presumption would not apply if there is a history of family violence, or if it simply is not practical for the parents to share physical custody, for example because of distance or work schedules. The bill keeps the existing rule that judges may still award sole custody, joint legal custody, or joint physical custody as they see fit once the case reaches a hearing. The change applies only to divorce proceedings, not to all custody disputes.

• Adds a presumption of joint physical custody between the father and mother during a divorce case, lasting until a judge holds a temporary or permanent custody hearing.
• Creates two exceptions to that presumption: a history of family violence, or a situation where joint physical custody is not practicable for the parents.
• Leaves intact the existing rule that judges have no fixed preference for either parent and can order sole custody, joint legal custody, or joint physical custody after a hearing.
• Applies specifically to divorce proceedings, not to custody disputes outside of divorce (such as between unmarried parents).

Parents going through divorce in Georgia, their children, and the family law attorneys and superior court judges who handle divorce and custody cases. It also affects parents with documented histories of family violence, who would be exempt from the new presumption.

For many divorcing couples, this would change the default starting point for custody before a judge ever rules: both parents would be presumed to share physical custody in the early stages of a case, rather than custody being an open question decided case by case from the outset.

• Section 1 amends O.C.G.A. § 19-9-3(a)(1) to add a presumption of joint physical custody by the father and mother in divorce proceedings.
• The presumption applies only from the filing of the divorce until the matter comes before a judge for a temporary or permanent custody hearing.
• The presumption does not apply if there is a history of family violence or if joint physical custody is not practicable for the parents.
• The existing language allowing judges to grant sole custody, joint custody, joint legal custody, or joint physical custody at a hearing remains unchanged.
• Section 2 repeals any conflicting laws.

1. 2026-02-26House Second Readers (House)
2. 2026-02-25House First Readers (House)
3. 2026-02-24House Hopper (House)

• Beth Camp (R, HD-135)Primary sponsor
• James Burchett (R, HD-176)
• Trey Rhodes (R, HD-124)
• Rhonda Burnough (D, HD-077)
• Mitchell Horner (R, HD-003)
• Matt Reeves (R, HD-099)

• child custody
• divorce law
• family violence
• family courts