Georgia CommonsSenate · Introduced · 2025-2026 Regular Session
SB 404: Child Custody Proceedings; joint legal and physical custody as the default child custody arrangement; provide
Last action January 16, 2026 · Senate Read and Referred
Senate Bill 404 would make joint legal and physical custody the default outcome in Georgia child custody cases, replacing the current rule that leaves custody decisions with no presumption in either direction.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Introduced version, the latest the General Assembly's website lists.
In plain language
Right now, Georgia law (O.C.G.A. § 19-9-3) says courts deciding child custody between parents have no automatic presumption favoring one parent or one type of custody, and joint custody is just one option a judge may consider among others. Senate Bill 404 changes that starting point. It removes the language saying there is no presumption in favor of any particular custody arrangement, and instead makes joint legal and physical custody, with equally shared parenting time, the default arrangement a judge must presume is in the child's best interests. That presumption can be overcome (rebutted) if a parent shows by a preponderance of the evidence, meaning it is more likely than not, that a different arrangement better serves the child. If a judge decides equal parenting time is not appropriate, the judge must still build a parenting schedule that fits the child's best interests. Judges keep the power to award sole custody, joint custody, joint legal custody, or joint physical custody depending on the case.
What the bill does
- Removes the current rule that there is no presumption for or against any particular custody arrangement in Georgia child custody cases.
- Establishes joint legal and physical custody, with equally shared parenting time, as the default arrangement courts must presume serves the child's best interests.
- Allows a parent to overcome that presumption by showing, through a preponderance of the evidence standard, that a different arrangement is better for the child.
- Requires a judge who deviates from equal parenting time to design a parenting time schedule consistent with the child's best interests.
- Preserves judges' authority to still order sole custody, joint custody, joint legal custody, or joint physical custody as the case requires.
Who it affects
Parents involved in divorce, separation, or other custody disputes in Georgia, along with the children whose custody is at issue. It also affects family court judges and family law attorneys who handle custody cases under O.C.G.A. § 19-9-3.
Why it matters
The change shifts the legal starting point in custody disputes: instead of an open-ended decision, judges would have to presume equal shared custody is best unless a parent proves otherwise. This could affect how quickly cases resolve and which parent bears the burden of arguing for a different arrangement.
Key provisions
- Section 1 amends O.C.G.A. § 19-9-3(a)(1) by striking the statement that there is no presumption favoring any particular custody form or parent.
- Section 1 replaces optional joint custody language with a mandatory default: joint legal and physical custody becomes the presumed arrangement.
- Section 1 sets the standard for overcoming this presumption as a preponderance of the evidence, meaning more likely than not.
- Section 1 requires courts deviating from equal parenting time to construct a custody schedule consistent with the child's best interests.
- Section 1 retains judicial discretion to award sole custody or various forms of joint custody as circumstances require.
- Section 2 repeals any conflicting laws.
From the bill
“If a deviation from equally shared parenting time is warranted, the court shall construct a parenting time schedule that is consistent with the best interests of the child”
Discussed in meetings (2)
The House and Senate meetings that took this bill up, from their machine transcripts. Each account was written by Georgia Commons with AI and is not part of the record; the video is what was said.
Senate floor session, January 29, 2026 (legislative day 9)
From 2:13:27 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: During personal remarks, a senator advocated for SB 404, saying it would make equal parenting time the default in custody cases while allowing judges to order a different arrangement based on the child's best interests and the evidence. The senator argued that Georgia law gives judges insufficient direction on shared parenting and that limited contact with a parent contributes to problems for children. The senator said Georgia ranks among the bottom five states for time children spend with a noncustodial parent, that 46% of children born in Georgia the previous year were born outside marriage, and that the divorce rate approaches 50%. Citing results elsewhere, the senator said Kentucky's divorce rate fell 18% after its shared-parenting law and cited 20% reductions in domestic violence in places adopting shared parenting. The senator said the proposal would not give a bad parent undue influence. No questions, amendments or vote followed.
Status timeline
- Senate Read and Referred (Senate)
- Senate Hopper (Senate)
Sponsors
- Ed Setzler (R, SD-37)
- Randy Robertson (R, SD-29)
- John Albers (R, SD-56)
- Mike Hodges (R, SD-3)
- Billy Hickman (R, SD-4)
- Ben Watson (R, SD-1)
- Sonya Halpern (D, SD-39)
Topics
- child custody
- family law
- divorce
- parenting time
- joint custody