Georgia
19-9-3.
(a)(1) In all cases in which the custody of any minor child or
children is at issue between the parents, there shall be no
prima-facie right to the custody of the child or children in the
father or mother.
(2) The court hearing the issue of custody, in exercise of its
sound discretion, may take into consideration all the
circumstances of the case, including the improvement of the health
of the party seeking a change in custody provisions, in
determining to whom custody of the child or children should be
awarded. The duty of the court in all such cases shall be to
exercise its discretion to look to and determine solely what is
for the best interest of the child or children and what will best
promote their welfare and happiness and to make its award
accordingly.
(4) In all custody cases in which the child has reached the age of
14 years, the child shall have the right to select the parent with
whom he or she desires to live. The child's selection shall be
controlling unless the parent so selected is determined not to be
a fit and proper person to have the custody of the child.
(4.1) In all custody cases in which the child has reached the age
of at least 11 but not 14 years, the court shall consider the
desires and educational needs of the child in determining which
parent shall have custody. The child's selection shall not be
controlling. The best interests of the child standard shall
apply.
(5) Joint custody, as defined by Code Section 19-9-6, may be
considered as an alternative form of custody by the court. This
provision allows a court at any temporary or permanent hearing to
grant sole custody, joint custody, joint legal custody, or joint
physical custody where appropriate.
(d) It is the express policy of this state to encourage that a minor
child has continuing contact with parents and grandparents who have
shown the ability to act in the best interest of the child and to
encourage parents to share in the rights and responsibilities of
raising their children after such parents have separated or
dissolved their marriage.
