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Bill

SB 404

Child Custody Proceedings; joint legal and physical custody as the default child custody arrangement; provide

2025-2026 Regular Session Introduced by John Albers and 6 co-sponsors

Georgia bill establishes joint legal and physical custody as default arrangement in child custody cases, shifting courts' presumption rather than case-by-case determinations.

Senate Read and Referred
#domesticrelations
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Bill Summary · SB 404

Legislative bill overview

SB 404 proposes to establish joint legal and physical custody as the default child custody arrangement in Georgia, rather than allowing courts to determine custody arrangements on a case-by-case basis. The bill would require courts to presume that joint custody serves the best interests of the child unless evidence demonstrates otherwise.

Why is this important

This represents a significant shift in family law policy that would affect thousands of custody cases annually in Georgia. It directly impacts parental rights, children's living arrangements, and judicial decision-making in family courts, with implications for child support calculations, parenting schedules, and family stability.

Potential points of contention

  • One-size-fits-all approach vs. individualized assessment: Critics argue that joint custody doesn't work equally well in all situations, particularly in cases involving domestic violence, parental conflict, substance abuse, or geographic distance between parents
  • Burden of proof reversal: Shifting the default to joint custody changes who must prove their case, potentially disadvantaging parents in unsafe situations and requiring them to affirmatively demonstrate why joint custody is unsuitable
  • Implementation complexity: Courts would need to manage logistics of shared physical custody across different family circumstances, potentially increasing litigation costs and complexity when parents cannot cooperate effectively

Compiled from official sources — confirm details with the bill’s official record.

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