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

26 LC 44 3484 House Bill 1431 By: Representatives Camp of the 135th, Burchett of the 176th, Rhodes of the 124th, Burnough of the 77th, Horner of the 3rd, and others A BILL TO BE ENTITLED AN ACT To amend Code Section 19-9-3 of the Official Code of Georgia An notated, relating to1 establishment and review of child custody and visitation, so as to provide for a presumption2 of joint physical custody in divorce proceedings; to provide fo r exceptions; to provide for3 related matters; to repeal conflicting laws; and for other purposes.4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 SECTION 1.6 Code Section 19-9-3 of the Official Code of Georgia Annotated, relating to establishment7 and review of child custody and visitation, is amended by revis ing paragraph (1) of8 subsection (a) as follows:9 "(a)(1) In all cases in which the custody of any child is at issue between the parents, there10 shall be no prima-facie right to the custody of the child in th e father or mother. There11 shall be no presumption in favor of any particular form of custody, legal or physical, nor12 in favor of either parent; provided, however, that, in a proceeding for divorce, there shall13 be a presumption of joint physical custody by the father and mother until such time as the14 matter comes before a judge for a temporary or permanent hearing, unless there exists a15 history of family violence or it is not practicable for the fat her and mother to exercise16 H. B. 1431 - 1 - 26 LC 44 3484 joint physical custody. Joint custody may be considered as an alternative form of custody17 by the judge and the judge at any temporary or permanent hearin g may grant sole18 custody, joint custody, joint legal custody, or joint physical custody as appropriate."19 SECTION 2.20 All laws and parts of laws in conflict with this Act are repealed.21 H. B. 1431 - 2 -