Georgia Code
Article 1 - General Provisions
§ 19-9-3. Establishment and Review of Child Custody and Visitation

History. Ga. L. 1913, p. 110, § 1; Code 1933, § 74-107; Ga. L. 1957, p. 412, § 2; Ga. L. 1962, p. 713, § 2; Ga. L. 1976, p. 1050, § 3; Ga. L. 1978, p. 258, § 3; Ga. L. 1982, p. 3, § 19; Ga. L. 1984, p. 22, § 19; Ga. L. 1986, p. 1000, § 2; Ga. L. 1990, p. 1423, § 1; Ga. L. 1991, p. 1389, § 1; Ga. L. 1993, p. 1983, § 1; Ga. L. 1995, p. 863, § 6; Ga. L. 1999, p. 329, § 4; Ga. L. 2000, p. 1292, § 2; Ga. L. 2004, p. 780, § 3; Ga. L. 2007, p. 554, § 5/HB 369; Ga. L. 2011, p. 274, § 3/SB 112; Ga. L. 2017, p. 632, § 2-10/SB 132; Ga. L. 2019, p. 459, § 3/HB 79; Ga. L. 2021, p. 922, § 19/HB 497; Ga. L. 2022, p. 352, § 19/HB 1428.
The 2017 amendment, effective January 1, 2018, substituted “prescribed by the Judicial Council of Georgia” for “set forth in Code Section 9-11-133” near the end of subsection (h).
The 2019 amendment, effective May 2, 2019, added the exception in subparagraph (a)(3)(I).
The 2021 amendment, effective May 10, 2021, part of an Act to revise, modernize, and correct the Code, substituted “email” for “e-mail” in subparagraph (i)(6)(B) and paragraph (i)(10); and substituted “internet” for “Internet” in subparagraph (i)(6)(B) and in the second sentence of paragraph (i)(13).
The 2022 amendment, effective May 2, 2022, part of an Act to revise, modernize, and correct the Code, substituted “this paragraph” for “paragraph (3) of subsection (a) of Code Section 19-9-3” in subparagraph (a)(3)(I).
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1991, subsection (c), which was added by Ga. L. 1991, p. 1389, was redesignated as subsection (d).
Pursuant to Code Section 28-9-5, in 2007, “its” was deleted preceding “discretion” in the last sentence of paragraph (a)(2), and “educational” was substituted for “education” in subparagraph (a)(3)(J).
Editor’s notes.
Ga. L. 2007, p. 554, § 1/HB 369, not codified by the General Assembly, provides: “The General Assembly of Georgia declares that it is the policy of this state to assure that minor children have frequent and continuing contact with parents who have shown the ability to act in the best interests of their children and to encourage parents to share in the rights and responsibilities of rearing their children after the parents have separated or dissolved their marriage or relationship.”
Ga. L. 2007, p. 554, § 8/HB 369, not codified by the General Assembly, provides that the 2007 amendment shall apply to all child custody proceedings and modifications of child custody filed on or after January 1, 2008.
Ga. L. 2011, p. 274, § 1/SB 112, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘Military Parents Rights Act.’”
Ga. L. 2019, p. 459, § 1/HB 79, not codified by the General Assembly, provides: “(a) The Georgia General Assembly finds that:
“(1) Blind individuals continue to face unfair societal biases regarding their ability to successfully provide parental care;
“(2) Blind individuals face unfair societal biases in family and dependency law proceedings, public and private adoption, guardianship, and foster care proceedings;
“(3) Children of blind individuals are being unnecessarily removed or restricted from parental care; and
“(4) Children are being denied the opportunity to enjoy loving homes with blind parents or other blind caretakers.
“(b) The purpose of this Act is to protect the best interests of children parented by blind individuals or children who could be parented by blind individuals through the establishment of procedural safeguards that require adherence to due process and equal protection rights of blind parents in the context of child welfare, foster care, adoption, and family law.”
Law reviews.
For comment on Stanton v. Stanton, 213 Ga. 545 , 100 S.E.2d 289 (1957), holding that parents cannot by contract restrict the discretion of the court in awarding custody and provision regulating the religious upbringing of the child may be entirely disregarded by the court, see 20 Ga. B.J. 546 (1958).
For article recommending more consistency in age requirements of laws pertaining to the welfare of minors, see 6 Ga. St. B.J. 189 (1969).
For comment on Bodrey v. Cape, 120 Ga. App. 859 , 172 S.E.2d 643 (1969), see 7 Ga. St. B.J. 256 (1970).
For article, “The Child as a Party in Interest in Custody Proceedings,” see 10 Ga. St. B.J. 577 (1974).
For comment on “Grandparents’ Visitation Rights in Georgia,” see 29 Emory L.J. 1083 (1980).
For note, “Surrogate Mother Agreements in Georgia: Conflict and Accord with Statutory and Case Law,” see 4 Ga. St. U.L. Rev. 153 (1988).
For note on 1993 amendment of this Code section, see 10 Ga. St. U.L. Rev. 122 (1993).
For comment on In re A.R.B., 209 Ga. App. 324 , 433 S.E.2d 411 (1993), regarding redefinition of the best interests standard, see 11 Ga. St. U.L. Rev. 711 (1995).
For article, “Domestic Relations Law,” see 53 Mercer L. Rev. 265 (2001).
For survey article on domestic relations cases for the period from June 1, 2002 through May 31, 2003, see 55 Mercer L. Rev. 223 (2003).
For annual survey of domestic relations law, see 56 Mercer L. Rev. 221 (2004).
For annual survey of domestic relations law, see 58 Mercer L. Rev. 133 (2006).
For survey article on domestic relations law, see 59 Mercer L. Rev. 139 (2007).
For survey article on domestic relations law, see 60 Mercer L. Rev. 121 (2008).
For annual survey of law on domestic relations, see 62 Mercer L. Rev. 105 (2010).
For annual survey on domestic relations law, see 68 Mercer L. Rev. 107 (2016).
For article, “Criminal Law as Family Law,” see 33 Ga. St. U.L. Rev. 285 (2017).
For article with annual survey on domestic relations, see 73 Mercer L. Rev. 89 (2021).