Authority to modify custody not given.

- O.C.G.A. § 19-9-6(2) does not grant a trial court the authority to modify child custody. Daniel v. Daniel, 250 Ga. App. 482, 552 S.E.2d 479 (2001).

Joint legal custody.

- When the court awarded physical custody to the father in the court's modification order and the father did not contest the award of joint legal custody, the trial court properly exercised the court's authority in consideration of the best interests of the children to award joint legal custody to both parents. Walker v. Walker, 248 Ga. App. 177, 546 S.E.2d 315 (2001).

Joint custody must be considered if both parents are fit.

- If the trial court determines that both parents are fit and equally capable of caring for the child, the court must consider joint custody but is not required to enter such an order unless the court specifically finds that to do so would be in the best interest of the child. Baldwin v. Baldwin, 265 Ga. 465, 458 S.E.2d 126 (1995).

Joint custody options not properly considered.

- Trial court failed to give proper consideration to the joint custody options available under O.C.G.A. § 19-9-6 after both parents demonstrated equal ability to effectively care for and nurture the child. In re A.R.B., 209 Ga. App. 324, 433 S.E.2d 411 (1993).

Support award not precluded by joint custody award.

- 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).

Joint custody with decision- making authority split.

- Award of joint legal custody designating the mother as the primary physical custodian with the sole power to make decisions concerning the children's education, health, and religious training, and giving the father equal decision-making responsibility in other areas did not contravene O.C.G.A. § 19-9-6 or public policy. Scott v. Scott, 227 Ga. App. 346, 489 S.E.2d 117 (1997).

Because the language of the statute clearly vested in the trial court the discretion to decide which parent should be empowered to make final decisions when the parents were unable to agree, and the evidence showed on-going disagreements between the parents on the issues of education and extra-curricular activities, making it unlikely for the parties to come to agreement on those issues, and also showed that the husband played a greater role than the wife in decision-making regarding the children's education and extra-curricular activities prior to the parties' separation, the trial court's designation of decision-making authority to the wife with regards to religion and health and to the husband with regard to education and extra-curricular activities was not an abuse of that discretion. Frazier v. Frazier, 280 Ga. 687, 631 S.E.2d 666 (2006).

Joint physical custody proper.

- Trial court did not abuse the court's discretion in awarding joint physical custody of a child because the trial court's order found both the husband and the wife to be fit and proper, acknowledging that each parent had strengths and weaknesses; the trial court heard testimony concerning the husband's relationship with his child, the financial payments he made while the child and the wife were living with the wife's parents in another state, and the difficulty of visiting the infant when the child and the wife were living with the wife's parents. Furthermore, the order was made with the best interests of the child in mind because there was evidence that the child had a good relationship with each parent and that each parent had adequate housing for the child and could provide what the child needed; the trial court expressly found it was in the child's best interests that the husband and wife share joint physical custody on alternating weeks, and the Social Service Coordinator assigned to the case recommended to the trial court that the husband and wife share evenly-divided joint physical custody of the child. Willis v. Willis, 288 Ga. 577, 707 S.E.2d 344 (2010).

Modification of joint custody agreement.

- In granting the mother's petition to change custody, the record contained ample evidence from which the trial court could determine that the father could not provide a stable home because he took the child from Georgia to Maryland in violation of the joint custody agreement without telling the mother, he suffered from bipolar personality disorder, and was hospitalized for suicidal ideation. The trial court made the court's custody determination based upon the best interest of the child. Roberts v. Kinsey, 308 Ga. App. 675, 708 S.E.2d 600 (2011).

Final decision making authority to one parent.

- In a divorce action in which joint legal custody of the parties' two children was awarded, it was appropriate to grant final decision making authority to a former husband under O.C.G.A. § 19-9-6(2) as the primary physical custodian as there were issues on which both parents did not agree, such as where the children would attend school; however, the husband was required to take the former wife's views into consideration. Rembert v. Rembert, 285 Ga. 260, 674 S.E.2d 892 (2009).

Cited in Weiss v. Varnadore, 246 Ga. App. 654, 541 S.E.2d 448 (2000); McCall v. McCall, 246 Ga. App. 770, 542 S.E.2d 168 (2000); Stone v. Stone, 297 Ga. 451, 774 S.E.2d 681 (2015).