Georgia General Assembly · Full text

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

Introduced version, the latest LegiScan holds · Last action February 26, 2026 · Introduced

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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All laws and parts of laws in conflict with this Act are repealed.