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f you are preparing for a divorce or separation and you have children with your soon to be ex-spouse, you may have questions about  child custody  and visitation. Legal Child Custody and visitation issues are always extremely sensitive and should be handled with care and with the best interest of the child or children in mind.  When deciding custody in Georgia, the divorcing parties must deal with who will have both legal and physical custody.  The court can award custody in many ways. Some of the most common ways are awards that grant one party sole custody in both instances, awards allow the parties to exercise both types of custody jointly, or awards that grant joint legal custody to the parties and primary physical custody to one party. In deciding custody, neither parent has more of an inherent right to custody than the other. The judge has a duty to determine “what is for the best interest of the child and what will promote the child’s welfare and happiness.” O.C.G.A. 1

Child custody is a legal term regarding guardianship which can be described as the practical and legal relationship between a parent/guardian and a child in that person’s care. Child custody consists of legal custody, which is the right to make decisions about the child, and physical custody, which is the right and duty to house, provide, and care for the child.   Is Child custody law the same all over the US?   The simple answer is definitely not! The state of Georgia has its own set of laws and regulations regarding child custody that judges follow when hearing cases and awarding custody.   Does a mother get initial custody after a divorce in Georgia? Under Georgia law, both parents are equal when it comes to child custody arrangements. The law makes sure the child’s best interest is served and safeguarded. The court will use different factors to assess a child’s best interests. In Georgia, judges will generally consider the following when making custod