Georgia Family Laws 2025 – All You Need to Know

Trying to navigate Georgia family laws on your own can be overwhelming. This comprehensive guide explores the latest changes affecting families across the state.

New Georgia Family Laws to Take Effect

The state of Georgia has passed two new family laws that will begin to take effect on January 1, 2026. These include: 

• Mandatory parenting time adjustment. Georgia will implement a mandatory parenting time adjustment that ensures that child support calculations accurately reflect the actual time a child spends with each parent. This could potentially reduce financial burdens for noncustodial parents who have significant parenting time.
• Low-income adjustment. In the past, low-income adjustments in child support were discretionary. These adjustments will become mandatory in 2026, standardizing support obligations for low-income parents and promoting fairness in financial responsibilities.
• Consideration of veterans’ benefits. Georgia’s updated law will account for veterans’ benefits in child support calculations. Benefits received by disabled veterans for their children will be considered. This could reduce the amount veterans are required to pay.

Legislative Changes for Family Law

In addition to the upcoming changes, there have been other changes impacting Georgia family law. 

• Ethan’s law. This law would prohibit courts from ordering family reunification treatments or services in child custody cases. This includes restrictions on parent-child contact, mandatory attendance workshops, and the use of private youth transporters.
• Codification of in vitro fertilization (IVF) rights. Awaiting Gov. Brian Kemp’s signature, this presented bill is a response to concerns about access to IVF. This move aims to safeguard IVF access in the state, ensuring individuals and couples can pursue fertility treatments without legal hindrance.
• Sentencing reforms for domestic violence survivors. Domestic violence continues to be a concern in Georgia, with 35.1% of women and 39.9% of men experiencing intimate partner violence or stalking. If enacted, House Bill 582 would allow domestic abuse survivors to present broader evidence of abuse in court, which could lead to reduced sentences.

Spousal Support

Laws already in place include issues such as alimony (spousal support). Spousal support can be awarded in different ways. These include: 

• Temporary spousal support is awarded during the divorce process to ensure the lower-earning spouse has financial support until the final divorce decree is issued.
• Permanent alimony is granted post-divorce. This is typically awarded in long-term marriages and helps support a spouse who lacks sufficient income or assets.
• Rehabilitative alimony encompasses short-term support to help a spouse gain education or training for employment.

Courts determine many factors when making decisions on spousal support. They consider the duration of marriage. The age and health of both parties are also considered, along with contributions made by each spouse. This can include bringing in an income or homemaking.

Property Division

Georgia has a divorce rate of 2.1 per 1,000 individuals. In these cases, the state follows the principles of equitable distribution when dividing marital property during a divorce. This means that debts and assets are divided fairly, but not necessarily equally.

When determining property division, courts consider each spouse’s monetary and non-monetary contributions to the marriage, the duration of the marriage, the age and health of each party, their earning capacities and future financial prospects, and any prior agreements, such as prenuptial contracts.

Equitable distribution applies only to marital property. Separate property remains with the original owner upon divorce.

Parenting Plans

A well-structured parenting plan is crucial to outline how divorced or separated parents share responsibilities in raising kids.

These plans should include: 

• Parenting time schedules with specific times and dates for each parent’s time or custody
• Custody arrangements detailing physical and legal custody
• Decision-making responsibilities with guidelines on how parents will make decisions regarding the child’s education, health, and welfare
• Communication protocols that indicate the methods and frequency of communication between parents and the child

A comprehensive parenting plan can minimize conflicts and provide stability for the child.

FAQs

Q: What Is Family Law in the State of Georgia?

A: Family law in Georgia encompasses a range of legal issues that include marriages, divorces, child custody, child support, adoption, and spousal support. Georgia considers the child’s best interests in custody matters and the equitable division of property in marriages. Georgia allows both fault and no-fault divorces, considering abandonment and adultery when making decisions for spouses. The Superior Courts of Georgia typically handle family law matters.

Q: What Rights Do Fathers Have in Georgia?

A: Fathers in Georgia have equal rights to the mothers when it comes to child custody and parenting time. However, a paternity test may be required to determine this. Married fathers automatically have legal rights to their children, but unmarried fathers must legally establish paternity. Once confirmed, fathers can pursue custody, parenting time, and decision-making rights.

Q: Who Has Full Custody of a Child in Georgia?

A: Determining who has full custody of a child in Georgia depends on what’s in the child’s best interests. While joint custody is common, one parent may be granted full custody if the other is deemed unfit due to issues of abuse, substance use, or neglect. The courts consider whether each parent can offer a stable, loving environment for the child. For unmarried parents, the mother has full custody by default unless the father has completed paternity testing.

Q: Can a Mother Take a Child From the Father in Georgia?

A: In Georgia, a mother cannot take the child from the father if the father has been granted legal custody or parenting time. Doing so could violate the court order and result in legal consequences. If there is no custody order and the parents were never married, the mother may have sole custody by default. But if the father has proven paternity, both parents are bound to any custody agreement through the courts.

Contact a Georgia Family Lawyer Today

Family law issues require highly experienced legal representation. At Young Law Firm, LLC, our Marietta family lawyers handle a wide variety of family law issues, advocating for you and your family’s interests. With our decades of experience in family law, we provide personalized strategies that prioritize your family’s well-being and future.

Whether you’re just beginning the legal process or need assistance with modifying an existing order, we can help. Take the first step by calling 770-758-8976 or completing our online contact form. Reach out with any questions you might have regarding Georgia family laws.