---
title: SB 404. Child Custody Proceedings; joint legal and physical custody as the default child custody arrangement; provide
collection: bills
id: 2025-2026/sb404
cite_as: SB 404, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/sb404
md_url: https://georgiacommons.org/bills/2025-2026/sb404.md
text_url: https://georgiacommons.org/bills/2025-2026/sb404/text
source_url: https://www.legis.ga.gov/legislation/72255
date: 2026-01-16
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: 95
omitted_url: https://georgiacommons.org/bills/2025-2026/sb404.md?full=1
bill_number: SB 404
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: Senate
bill_type: bill
status_date: 2026-01-15
last_action: Senate Read and Referred
sponsors:
- Ed Setzler
- Randy Robertson
- John Albers
- Mike Hodges
- Billy Hickman
- Ben Watson
- Sonya Halpern
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/SB404/2025
upstream_id: 2083384
summaries_model: claude-sonnet-5
topic_tags:
- child custody
- family law
- divorce
- parenting time
- joint custody
---
# SB 404. Child Custody Proceedings; joint legal and physical custody as the default child custody arrangement; provide
## Text
Senate Bill 404
By: Senators Setzler of the 37th, Robertson of the 29th, Albers of the 56th, Hodges of the
3rd, Hickman of the 4th and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated,
relating to general provisions relative to child custody proceedings, so as to provide for joint
legal and physical custody as the default child custody arrangement; to provide for the
presumption that joint legal and physical custody is in the best interests of the child; to
provide for an exception; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to
general provisions relative to child custody proceedings, is amended in Code Section 19-9-3,
relating to establishment and review of child custody and visitation, by revising paragraph
(1) of subsection (a) as follows:
"(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. Joint custody may, legal and physical, shall be considered as an
alternative the default form of custody by the judge and there shall be a presumption,
rebuttable by a preponderance of the evidence, that joint legal and physical custody and
equally shared parenting time are in the best interests of the child. 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 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.
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.
### Plain-language summary
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 it 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.
## Status
- Status: Introduced (2026-01-15)
- Last action: Senate Read and Referred (2026-01-16)
- Sponsors: Ed Setzler, Randy Robertson, John Albers, Mike Hodges, Billy Hickman, Ben Watson, Sonya Halpern
- Official page: https://www.legis.ga.gov/legislation/72255
> The history, votes, and amendments (95 characters) are at https://georgiacommons.org/bills/2025-2026/sb404.md?full=1