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(Code 1981, §19-9-5, enacted by Ga. L. 1986, p. 1585, § 1; Ga. L. 1992, p. 2135, § 1; Ga. L. 2007, p. 554, § 5/HB 369; Ga. L. 2008, p. 324, § 19/SB 455.)
- Ga. L. 2007, p. 554, § 1/HB 369, not codified by the General Assembly, provides: "The General Assembly of Georgia declares that it is the policy of this state to assure that minor children have frequent and continuing contact with parents who have shown the ability to act in the best interests of their children and to encourage parents to share in the rights and responsibilities of rearing their children after the parents have separated or dissolved their marriage or relationship."
Ga. L. 2007, p. 554, § 8/HB 369, not codified by the General Assembly, provides that the 2007 amendment shall apply to all child custody proceedings and modifications of child custody filed on or after January 1, 2008.
- For annual survey of domestic relations law, see 58 Mercer L. Rev. 133 (2006). For note, "Surrogate Mother Agreements in Georgia: Conflict and Accord with Statutory and Case Law," see 4 Ga. St. U.L. Rev. 153 (1988). For note on 1992 amendment of this Code section, see 9 Ga. St. U.L. Rev. 243 (1992).
- Judgment awarding joint legal custody of a child does not preclude a monetary award of child support. Hunt v. Carter, 261 Ga. 259, 404 S.E.2d 121 (1991).
- As a trial court did not base the court's custody decision in the parties' divorce action solely on their postnuptial reconciliation agreement pursuant to O.C.G.A. § 19-9-5(b), but instead the court found that the custody arrangement encompassed within the agreement was in the children's best interests pursuant to the factors under O.C.G.A. § 19-9-3(a)(3)(A)-(Q), there was no abuse of discretion in the custody award. Spurlin v. Spurlin, 289 Ga. 818, 716 S.E.2d 209 (2011).
- Trial court erroneously found that the court had no discretion to consider whether the parties' agreement, voluntarily terminating the father's parental rights under O.C.G.A. § 19-7-1 as part of the divorce settlement, was in the best interests of the child; the trial court, which had authority under O.C.G.A. § 19-9-5(b) to reject a custody agreement as being against the child's best interests and which had authority under O.C.G.A. § 15-11-94(a) to ascertain whether a voluntary termination was in the child's best interests, was to reject the agreement if it was not in the child's best interests. Taylor v. Taylor, 280 Ga. 88, 623 S.E.2d 477 (2005).
- Trial court erred in omitting the agreed upon modification to weekend custody and visitation in the court's final order. Williams v. Williams, 295 Ga. 113, 757 S.E.2d 859 (2014).
Cited in Gould v. Gould, 240 Ga. App. 481, 523 S.E.2d 106 (1999); Petry v. Romo, 249 Ga. App. 99, 547 S.E.2d 736 (2001); Moore v. Moore-McKinney, 297 Ga. App. 703, 678 S.E.2d 152 (2009).
- Sufficiency of evidence to modify existing joint legal custody of children pursuant to consent order and/or divorce judgment - general principles, jurisdictional issues, and general issues related to "best interests of child," 99 A.L.R.6th 203.
Sufficiency of evidence to modify existing joint legal custody of children pursuant to consent order and/or divorce judgment - conduct or condition of parents; evidentiary issues, 100 A.L.R.6th 1.
Total Results: 5
Court: Supreme Court of Georgia | Date Filed: 2014-04-22
Citation: 295 Ga. 113, 757 S.E.2d 859, 2014 Fulton County D. Rep. 1167, 2014 WL 1588633, 2014 Ga. LEXIS 299
Snippet: agreed upon by the parties. See generally OCGA § 19-9-5 (a) (parents may present an agreement “respecting
Court: Supreme Court of Georgia | Date Filed: 2011-10-03
Citation: 716 S.E.2d 209, 289 Ga. 818, 2011 Fulton County D. Rep. 3026, 2011 Ga. LEXIS 720
Snippet: ratified the postnuptial agreement pursuant to OCGA § 19-9-5(b), finding that joint legal custody and primary
Court: Supreme Court of Georgia | Date Filed: 2005-12-01
Citation: 623 S.E.2d 477, 280 Ga. 88, 2005 Fulton County D. Rep. 3738, 2005 Ga. LEXIS 857
Snippet: issue of the best interest of the child); OCGA § 19-9-5 (b) (court has discretion to ratify or reject parties’
Court: Supreme Court of Georgia | Date Filed: 1991-05-23
Citation: 404 S.E.2d 435, 261 Ga. 330, 1991 Ga. LEXIS 237
Snippet: best interest of the child or children." OCGA § 19-9-5 (b).
Court: Supreme Court of Georgia | Date Filed: 1991-05-15
Citation: 261 Ga. 259, 404 S.E.2d 121, 1991 Ga. LEXIS 231
Snippet: Feemster, T. Michael Martin, for appellee. 2. OCGA § 19-9-5 provides expressly that “the term ‘custody’ shall