O.C.G.A.
O.C.G.A.

O.C.G.A. § 19-9-5 (2019)

Custody agreements; ratification; supplementation

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) In all proceedings under this article between parents, it shall be expressly permissible for the parents of a child to present to the judge an agreement respecting any and all issues concerning custody of the child. As used in this Code section, the term “custody” shall include, without limitation, joint custody as such term is defined in Code Section

Notes of Decisions
Cited in 16 cases, 1991–2020 · leading case: Williams v. Williams, 757 S.E.2d 859 (Ga. 2014).
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Williams v. Williams, 757 S.E.2d 859 (Ga. 2014). · cites it 4× “6 Under the circumstances, the order's provision as to the [Sunday to Monday] visitation schedule, to the extent that it reflected that [Husband’s visitation would end on Sunday night], was not a valid exercise of the trial court's discretion but a mistake in reflecting a matter…”
Spurlin v. Spurlin, 716 S.E.2d 209 (Ga. 2011). · cites it 10× “After a bench trial, the trial court entered a final divorce decree, wherein it ratified the postnuptial agreement pursuant to OCGA § 19-9-5 (b), finding that joint legal custody and primary physical custody in Husband was in the best interests of the children at the time the…”
Moore v. Moore-McKinney, 678 S.E.2d 152 (Ga. Ct. App. 2009). · cites it 2× “See generally OCGA § 19-9-5 (a) (parents may present an agreement “respecting any and all issues concerning custody of the child”).”
Taylor v. Taylor, 623 S.E.2d 477 (Ga. 2005). · cites it 4× “545, 549 ( 100 SE2d 289 ) (1957) (parents’ custody agreement subrogated to the paramount issue of the best interest of the child); OCGA § 19-9-5 (b) (court has discretion to ratify or reject parties’ custody agreement according to its determination regarding the best interest of…”
Daniel v. Daniel, 552 S.E.2d 479 (Ga. Ct. App. 2001). · cites it 2× “OCGA § 19-9-5. Such agreements, which reflect both the negotiation of the parties and the approval of the trial court, should not be set aside lightly.”
Ansell v. Ansell, 759 S.E.2d 916 (Ga. Ct. App. 2014). · cites it 2× “See OCGA § 19-9-5 (c) (“In his or her judgment, the judge may supplement the [custody] agreement on issues not covered by such agreement.”
Carr v. Carr, 429 S.E.2d 95 (Ga. Ct. App. 1993). · cites it 2× “OCGA § 19-9-5 (b).” The court then determined that the subject provision of the decree constituted an impermissible attempt to retain permanent jurisdiction of custody issues in the trial court.”
Templeman v. Earnest, 434 S.E.2d 106 (Ga. Ct. App. 1993). · cites it 2× “See OCGA § 19-9-5; Mock v. Mock, 258 Ga. 407 ( 369 SE2d 255 ).”
Robinson v. Robinson, 404 S.E.2d 435 (Ga. 1991). · cites it 2× “…court makes specific factual findings that the agreement would not be in the best interest of the child or children.” OCGA § 19-9-5 (b).”
Gould v. Gould, 523 S.E.2d 106 (Ga. Ct. App. 1999). · cites it 4× “” OCGA § 19-9-5. Merely requiring *484 parents to attempt resolution of a custody dispute before litigating does not equate to the court abandoning its obligations to the children.”
Hunt v. Carter, 404 S.E.2d 121 (Ga. 1991). · cites it 2× “OCGA § 19-9-5 provides expressly that “the term ‘custody’ shall not include payment of child support.”
Duncan v. Mughelli, 751 S.E.2d 127 (Ga. Ct. App. 2013). · cites it 2× “, OCGA § 19-9-5 (b) (court shall ratify custody agreement and make part of its final judgment unless such agreement would not be in best interest of the child) with OCGA § 19-9-1.”
Show all 16 citing cases →
— 19-9-5(b) — 1 case
Taylor v. Taylor, 623 S.E.2d 477 (Ga. 2005). “545, 549 ( 100 SE2d 289 ) (1957) (parents’ custody agreement subrogated to the paramount issue of the best interest of the child); OCGA § 19-9-5 (b) (court has discretion to ratify or reject parties’ custody agreement according to its determination regarding the best interest of…”
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