This legislation intends to significantly change child custody in Georgia by amending OCGA §19-9-3 by providing for a presumption of equal parenting time that my be only be rebutted by a trial judge who finds in writing clear and convincing evidence that “either parent is not fit, willing, or able to participate in such an arrangement.”
It requires written findings of facts and specific findings regarding the child custody factors addressed by a trial judge, in any custody order including a temporary order.
In addition, it does away with existing provisions regarding the desires of children from 11 to 14 and specifies that a trial judge may take into account the desires of a child “if such child is of appropriate age and discretion.” It’s the same bill introduced near the end of the 2019-20 Regular Session as House Bill 1140.
See more on this bill here.
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