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

26 LC 48 1656 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 Cod e of Georgia Annotated,1 relating to general provisions relative to child custody proceedings, so as to provide for joint2 legal and physical custody as the default child custody arrange ment; to provide for the3 presumption that joint legal and physical custody is in the bes t interests of the child; to4 provide for an exception; to provide for related matters; to repeal conflicting laws; and for5 other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 Article 1 of Chapter 9 of Title 19 of the Official Code of Geor gia Annotated, relating to9 general provisions relative to child custody proceedings, is amended in Code Section 19-9-3,10 relating to establishment and review of child custody and visitation, by revising paragraph11 (1) of subsection (a) as follows:12 "(1) In all cases in which the custody of any child is at issue between the parents, there13 shall be no prima-facie right to the custody of the child in th e father or mother. There14 shall be no presumption in favor of any particular form of custody, legal or physical, nor15 in favor of either parent. Joint custody may, legal and physical, shall be considered as an16 alternative the default form of custody by the judge and there shall be a presumption,17 S. B. 404 - 1 - 26 LC 48 1656 rebuttable by a preponderance of the evidence, that joint legal and physical custody and18 equally shared parenting time are in the best interests of the child. If a deviation from19 equally shared parenting time is warranted, the court shall con struct a parenting time20 schedule that is consistent with the best interests of the chil d and the judge at any21 temporary or permanent hearing may grant sole custody, joint cu stody, joint legal22 custody, or joint physical custody as appropriate."23 SECTION 2.24 All laws and parts of laws in conflict with this Act are repealed.25 S. B. 404 - 2 -