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; <ins>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
</ins>
<ins>joint physical custody.</ins> 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All laws and parts of laws in conflict with this Act are repealed.