Equality of Parents: The Foundation of Custody Determination
Every custody question in Georgia begins with Article 1197 of the Civil Code of Georgia: parents have equal rights and duties with respect to their children, and a child has the right to live and grow up in a family. These two propositions together create the framework within which every decision on custody must be made. Neither parent holds a statutory presumption of advantage, and the child's interest in living and being raised in a family environment is the value that all participants in the process are obliged to protect.
In practical terms, this means that a dispute over custody is not a distribution of "ownership" over the child. The law places parents on an equal starting position, and before both the negotiating table and the court the same question stands: which arrangement corresponds to the best interests of the particular child. This is why a well-prepared claim or agreement is built on the logic of the child's needs rather than on the personal desires of a parent.
The Child's Place of Residence Upon Divorce
Article 1201 of the Civil Code governs the question of a minor child's place of residence. If, because of divorce or for another reason, the parents live separately, it depends on their agreement who will have the right to decide with whom the minor child must live. An agreement between the parents is the faster and less burdensome route, although its substance must still rest on the child's interests rather than on the convenience of the adults.
If the parents cannot agree, the dispute concerning with whom the minor child must live is decided by the court, taking into account the best interests of the child. The same norm adds an important procedural safeguard: in such a case the parent's right to act as the child's representative in relation to that court dispute is suspended, and the guardianship and care body appoints a representative for the child who protects the child's interests during the court consideration of the case. This mechanism gives the child an independent voice in proceedings in which the parents stand on opposite sides.
Rights and Duties of Divorced or Separated Parents
Article 1202 of the Civil Code states emphatically that parents equally have all rights and duties with respect to their children, regardless of the fact that they are divorced or live separately. Divorce does not dissolve the legal basis of the parent-child relationship: it changes the parents' relationship with each other, not their relationship with the child. Education, health, development and everyday decision-making remain, in principle, a shared parental domain.
The second part of this article is particularly important in practice: the parent with whom the child lives has no right to restrict the rights and duties of the other parent. Where one parent in fact blocks the other parent's contact with the child, the affected parent has lawful means of protection; the procedure for exercising those means is defined by other provisions of the legislation, and their timely use often determines the outcome of the whole dispute.
Restriction of Parental Rights and the Appointment of Guardianship
Under Article 1205 of the Civil Code, a parent's rights and duties may be restricted only by a court decision, unless otherwise provided by the Code. No administrative body, no other parent and no third party can restrict parental rights and duties outside a courtroom. The court may restrict one or several of a parent's rights and duties independently of the parent's other rights and duties, which means that a restriction may be partial and may target a specific right.
Guardianship or care is established with respect to a child whose both parents have had their parental right or duty restricted in accordance with the Code. At the same time, as far as possible, the parent retains the obligation to maintain the child when the parental right is restricted, in accordance with the alimony obligations provided for by the Code. In other words, the restriction of rights does not release a parent from the duty of the child's material support.
Preparing the Custody Case: What Matters Before Court
As Articles 1197, 1201, 1202 and 1205 of the Civil Code show, a custody dispute is decided by the court taking into account the best interests of the child, and in that process the child is represented by a representative appointed by the guardianship and care body. Preparing the claim therefore means building a concrete, evidence-based picture of the child's interests: the living environment, the daily routine, the connection to school and other vital circles, and how each parent secures the continuation of the child's life and upbringing in a family.
It is equally important to remember that a court decision restricting a parent's rights is issued only where the Code provides a ground for such restriction, and that the procedural rules of the dispute — who files the claim, which evidence must be submitted and how the hearing unfolds — are established by other provisions of the legislation. Taking those rules into account at the preparation stage is an integral part of protecting your position.
Frequently Asked Questions
Who decides with whom a minor child lives when the parents live separately?
First the parents themselves, on the basis of an agreement. If no agreement is reached, the dispute is decided by the court taking into account the best interests of the child. The equal rights and duties of the parents remain untouched at this stage.
Does living with the child give a parent an advantage over the other parent?
No. Divorced or separately living parents equally have all rights and duties with respect to their children, and the parent with whom the child lives has no right to restrict the rights and duties of the other parent.
Who represents the child in the court dispute?
When the parents fail to agree and the matter goes to court, the parent's right to represent the child in relation to that dispute is suspended. The guardianship and care body appoints a representative for the child who protects the child's interests during the consideration of the case.
When can a parent's rights be restricted?
Only by a court decision, unless the Civil Code provides otherwise. The court may restrict one or several rights and duties independently of the others. Guardianship or care is established with respect to a child whose both parents have had a parental right or duty restricted.
If a parent's rights are restricted, does the duty to maintain the child disappear?
No. As far as possible, the parent retains the obligation to maintain the child when the parental right is restricted, in accordance with the alimony obligations provided for by the Civil Code.
How We Help on Legal.ge
On Legal.ge you can find family-law advocates and lawyers who work on child custody matters. They will help you prepare a parental agreement, draft the court claim, systematize the evidence and protect your and your child's interests at every stage of the process. Choose a specialist by profile, experience and response record — and contact them directly on the platform.