2022 Georgia Code
Title 19 - Domestic Relations
Chapter 9 - Child Custody Proceedings
Article 2 - Child Custody Intrastate Jurisdiction Act
§ 19-9-22. Definitions
As used in this article, the term:
- “Legal custody” means the responsibility for the care and control of a minor, including, but not limited to, the power to make decisions regarding health care, education, extracurricular activities, and religious upbringing.
- “Physical custody” means the custody schedule established for the child pursuant to Code Section 19-9-1, which includes parenting time.
History. Ga. L. 1978, p. 1957, § 3; Ga. L. 2019, p. 904, § 1/SB 190.
The 2019 amendment, effective July 1, 2019, rewrote this Code section, which read: “As used in this article, the term:
“(1) ‘Custody’ includes visitation rights.
“(2) ‘Legal custodian’ means a person, including, but not limited to, a parent, who has been awarded permanent custody of a child by a court order. A person who has not been awarded custody of a child by court order shall not be considered as the legal custodian while exercising visitation rights. Where custody of a child is shared by two or more persons or where the time of visitation exceeds the time of custody, that person who has the majority of time of custody or visitation shall be the legal custodian.
“(3) ‘Physical custodian’ means a person, including, but not limited to, a parent, who is not the ‘legal custodian’ of a child but who has physical custody of the child.”
Law reviews.
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 cases, see 57 Mercer L. Rev. 173 (2005).
For article, “2019 Legislative Review,” see 24 Ga. St. B.J. 28 (June 2019).
