2021 Georgia Code
Title 19 - Domestic Relations
Chapter 9 - Child Custody Proceedings
Article 1 - General Provisions
§ 19-9-1.1. Binding Arbitration on Issue of Child Custody and Related Matters
In all proceedings under this article, it shall be expressly permissible for the parents of a child to agree to binding arbitration on the issue of child custody and matters relative to visitation, parenting time, and a parenting plan. The parents may select their arbiter and decide which issues will be resolved in binding arbitration. The arbiter's decisions shall be incorporated into a final decree awarding child custody unless the judge makes specific written factual findings that under the circumstances of the parents and the child the arbiter's award would not be in the best interests of the child. In its judgment, the judge may supplement the arbiter's decision on issues not covered by the binding arbitration.
(Code 1981, §19-9-1.1, enacted by Ga. L. 2007, p. 554, § 5/HB 369.)
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 this Code section shall apply to all child custody proceedings and modifications of child custody filed on or after January 1, 2008.
Law reviews.- For survey article on domestic relations law, see 60 Mercer L. Rev. 121 (2008). For article, "Comprehensive Arbitration of Domestic Relations Cases in Georgia," see 14 Ga. St. B.J. 20 (2008).
JUDICIAL DECISIONS
Motion to vacate properly denied.
- In a child custody dispute, the trial court did not err by confirming the arbitration award and denying the father's motion to vacate because the arbitrator's decision automatically changing visitation did not violate public policy and the claim that the award lacked evidentiary support was not a basis for vacating the arbitrator's decision. Brazzel v. Brazzel, 337 Ga. App. 758, 789 S.E.2d 626 (2016), cert. denied, No. S16C1889, 2017 Ga. LEXIS 146 (Ga. 2017).
