2022 Georgia Code
Title 19 - Domestic Relations
Chapter 9 - Child Custody Proceedings
Article 1 - General Provisions
§ 19-9-5. Custody Agreements; Ratification; Supplementation
- In all proceedings under this article between parents, it shall be expressly permissible for the parents of a child to present to the judge an agreement respecting any and all issues concerning custody of the child. As used in this Code section, the term “custody” shall include, without limitation, joint custody as such term is defined in Code Section 19-9-6. As used in this Code section, the term “custody” shall not include payment of child support.
- The judge shall ratify the agreement and make such agreement a part of the judge’s final judgment in the proceedings unless the judge makes specific written factual findings as a part of the final judgment that under the circumstances of the parents and the child in such agreement that the agreement would not be in the best interests of the child. The judge shall not refuse to ratify such agreement and to make such agreement a part of the final judgment based solely upon the parents’ choice to use joint custody as a part of such agreement.
- In his or her judgment, the judge may supplement the agreement on issues not covered by such agreement.
History. Code 1981, § 19-9-5 , enacted by Ga. L. 1986, p. 1585, § 1; Ga. L. 1992, p. 2135, § 1; Ga. L. 2007, p. 554, § 5/HB 369; Ga. L. 2008, p. 324, § 19/SB 455.
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.
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 1992 amendment of this Code section, see 9 Ga. St. U.L. Rev. 243 (1992).
For annual survey of domestic relations law, see 58 Mercer L. Rev. 133 (2006).