HB1431: HB1431 Child custody; presumption of joint physical custody in divorce proceedings; provide

Under current Georgia law (O.C.G.A. § 19-9-3), when parents divorce and disagree about custody, no parent and no form of custody gets an automatic advantage; judges decide based on the child's best interest with no starting presumption either way. This bill would change that starting point for divorce cases specifically. It creates a presumption that both parents share joint physical custody automatically from the time the divorce proceeding begins until the case reaches a judge for a temporary or permanent custody hearing. That presumption would not apply if there is a history of family violence, or if it is not practical for the parents to share physical custody. Once the case reaches a hearing, the judge would still be free to award sole custody, joint legal custody, or joint physical custody, whichever fits the situation. The bill repeals any conflicting laws.

• Adds a presumption of joint physical custody for both parents during a divorce proceeding, lasting until a judge holds a temporary or permanent custody hearing.
• Removes that presumption in cases where there is a documented history of family violence.
• Removes that presumption when it is not practicable for the mother and father to actually exercise joint physical custody.
• Preserves the judge's power at any hearing to instead order sole custody, joint legal custody, or joint physical custody based on the case.
• Keeps in place the existing rule that neither parent gets an automatic advantage in custody once a judge takes up the case.

Divorcing parents in Georgia and their children, since the presumption governs custody arrangements in the period before a judge rules; also Georgia's superior court judges, who handle divorce and custody cases and would apply this new starting presumption.

For couples going through divorce, this would set a default of shared physical custody from the start of the case rather than leaving custody undecided until a hearing, which could change day-to-day parenting arrangements for children before any judge has reviewed the family's specific circumstances.

• Section 1 amends O.C.G.A. § 19-9-3(a)(1) to add a presumption of joint physical custody by the father and mother in divorce proceedings.
• The presumption applies only until the case comes before a judge for a temporary or permanent custody hearing.
• The presumption does not apply if there is a history of family violence or if joint physical custody is not practicable for the parents.
• The judge retains authority at any hearing to grant sole custody, joint legal custody, or joint physical custody as appropriate.
• Section 2 repeals all laws and parts of laws in conflict with the Act.

1. 2026-02-26House Second Readers (House)
2. 2026-02-25House First Readers (House)
3. 2026-02-24House Hopper (House)

• Beth Camp (R, HD-135)Primary sponsor
• James Burchett (R, HD-176)
• Trey Rhodes (R, HD-124)
• Rhonda Burnough (D, HD-077)
• Mitchell Horner (R, HD-003)
• Matt Reeves (R, HD-099)

• child custody
• divorce law
• family law
• parental rights