A Georgia judge can reject the parents’ custody agreement only by finding, in writing, that it is not in the child’s best interests, and the final order must include a parenting plan either way.
When the Parents Agree
Under OCGA 19-9-5(b), the judge “shall ratify the agreement” unless the judge “makes specific written factual findings” that it would not be in the child’s best interests, and may not refuse it “based solely upon the parents’ choice to use joint custody.” The judge may also fill in issues the agreement leaves out. OCGA 19-9-5(c).
Agreed terms bind the parents, too. In Gould v. Gould, 240 Ga. App. 481 (1999), the parents agreed to take disputes over their children to a mediator or counselor before suing. The mother sued without doing so, and the Court of Appeals affirmed the dismissal of her petition. As our post on custody terms in a separation agreement explains, no agreement takes the final decision from the judge.
A Parenting Plan Is Required
Under OCGA 19-9-1(a), when custody is at issue between parents, “each parent shall prepare a parenting plan or the parties may jointly submit a parenting plan,” and the final order, “including modification actions, shall incorporate a permanent parenting plan.”
Unless the court orders otherwise, OCGA 19-9-1(b)(1) requires every plan to recognize four points: the value of a close parent-child relationship, the child’s changing needs, the physical custodian’s day-to-day and emergency decisions, and both parents’ access to records. The schedule and other details, covered in our post on what a parenting plan must include, can be varied by court order or by agreement.
In Williams v. Williams, 301 Ga. 218 (2017), the Georgia Supreme Court vacated the custody ruling in a decree that set custody and visitation but had no parenting plan. The father’s sole custody did not excuse it; the statute makes “no exception based upon the type of custody awarded.”
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!