SB404: SB404 Child Custody Proceedings; joint legal and physical custody as the default child custody arrangement; provide

Under current Georgia law (O.C.G.A. § 19-9-3), judges deciding child custody cases start with no presumption favoring either parent or any particular custody arrangement; joint custody is only one option a judge may consider. This bill would change that starting point. It would make joint legal and physical custody, meaning shared decision-making authority and roughly equal parenting time, the default arrangement judges must consider first. The bill creates a rebuttable presumption, meaning a legal starting assumption that can be overturned, that joint legal and physical custody with equally shared parenting time serves a child's best interests. A parent could still overcome that presumption by showing a preponderance of the evidence, the same standard used in most civil cases, that a different arrangement would be better. If a judge departs from equal parenting time, the bill requires the court to build a parenting time schedule consistent with the child's best interests. Judges would still retain the power to award sole custody, joint custody, joint legal custody, or joint physical custody depending on the circumstances.

• Rewrites O.C.G.A. § 19-9-3(a)(1) so joint legal and physical custody becomes the default arrangement judges consider in custody cases, rather than one option among several.
• Creates a rebuttable presumption that joint legal and physical custody with equally shared parenting time is in a child's best interests.
• Allows a parent to overcome that presumption by presenting a preponderance of the evidence, meaning more likely than not, that a different arrangement is better for the child.
• Requires judges who deviate from equally shared parenting time to build a parenting schedule consistent with the child's best interests.
• Preserves judges' authority to still award sole custody, joint custody, joint legal custody, or joint physical custody as circumstances require.
• Repeals any existing Georgia laws that conflict with the new default custody rule.

Divorcing or separating parents involved in Georgia child custody disputes, family law attorneys, and the judges (typically in superior court) who decide custody and parenting time arrangements under Georgia's child custody statute.

Parents seeking sole custody would face a higher legal hurdle, since they would now need to prove by a preponderance of the evidence that shared custody isn't best for their child, rather than starting from a neutral position. This could shift outcomes and negotiation leverage in many Georgia custody cases and divorces.

• Section 1 amends O.C.G.A. § 19-9-3(a)(1), removing the current rule that there is no presumption in favor of any custody form or either parent.
• Section 1 establishes joint legal and physical custody as the default arrangement a judge must consider, rather than merely an alternative.
• Section 1 creates a rebuttable presumption that joint legal and physical custody and equally shared parenting time serve the child's best interests, which a parent can rebut with a preponderance of the evidence.
• Section 1 requires courts departing from equal parenting time to construct a schedule consistent with the child's best interests.
• Section 1 preserves judicial discretion to grant sole custody, joint custody, joint legal custody, or joint physical custody as appropriate.
• Section 2 repeals any conflicting Georgia laws.

1. 2026-01-16Senate Read and Referred (Senate)
2. 2026-01-15Senate Hopper (Senate)

• Ed Setzler (R, SD-037)Primary sponsor
• Randy Robertson (R, SD-029)
• John Albers (R, SD-056)
• Mike Hodges (R, SD-003)
• Billy Hickman (R, SD-004)
• Ben Watson (R, SD-001)
• Sonya Halpern (D, SD-039)

• child custody
• family law
• divorce
• parenting time
• joint custody