---
title: HB 1431. Child custody; presumption of joint physical custody in divorce proceedings; provide
collection: bills
id: 2025-2026/hb1431
cite_as: HB 1431, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1431
md_url: https://georgiacommons.org/bills/2025-2026/hb1431.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1431/text
source_url: https://www.legis.ga.gov/legislation/73534
date: 2026-02-26
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 129
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1431.md?full=1
bill_number: HB 1431
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-02-24
last_action: House Second Readers
sponsors:
- Beth Camp
- James Burchett
- Trey Rhodes
- Rhonda Burnough
- Mitchell Horner
- Matt Reeves
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1431/2025
upstream_id: 2123536
summaries_model: claude-sonnet-5
topic_tags:
- child custody
- divorce law
- family violence
- family courts
---
# HB 1431. Child custody; presumption of joint physical custody in divorce proceedings; provide
## Text
House Bill 1431
By: Representatives Camp of the 135th, Burchett of the 176th, Rhodes of the 124th, Burnough
of the 77th, Horner of the 3rd, and others
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 19-9-3 of the Official Code of Georgia Annotated, relating to
establishment and review of child custody and visitation, so as to provide for a presumption
of joint physical custody in divorce proceedings; to provide for exceptions; to provide for
related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 19-9-3 of the Official Code of Georgia Annotated, relating to establishment
and review of child custody and visitation, is amended by revising paragraph (1) of
subsection (a) as follows:
"(a)(1) In all cases in which the custody of any child is at issue between the parents, there
shall be no prima-facie right to the custody of the child in the father or mother. There
shall be no presumption in favor of any particular form of custody, legal or physical, nor
in favor of either parent; provided, however, that, in a proceeding for divorce, there shall
be a presumption of joint physical custody by the father and mother until such time as the
matter comes before a judge for a temporary or permanent hearing, unless there exists a
history of family violence or it is not practicable for the father and mother to exercise
joint physical custody. Joint custody may be considered as an alternative form of custody
by the judge and the judge at any temporary or permanent hearing may grant sole
custody, joint custody, joint legal custody, or joint physical custody as appropriate."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
A Georgia House bill would create a presumption that divorcing parents share joint physical custody of their children from the start of a divorce case until a judge holds a temporary or permanent custody hearing, unless there is family violence or joint custody is not workable.
### Plain-language summary
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.
### What it does
- 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).
### Who it affects
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.
### Why it matters
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.
### Key provisions
- 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.
## Status
- Status: Introduced (2026-02-24)
- Last action: House Second Readers (2026-02-26)
- Sponsors: Beth Camp, James Burchett, Trey Rhodes, Rhonda Burnough, Mitchell Horner, Matt Reeves
- Official page: https://www.legis.ga.gov/legislation/73534
> The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb1431.md?full=1