---
title: "Child Custody Arrangements"
url: "https://legal.ge/en/service/civil-law-en/child-custody-arrangements-en"
field: "Civil Law"
description: "Child custody and residence determination in Georgia under Civil Code Articles 1197, 1201, 1202 and 1205: agreement or court. Legal.ge."
reviewed: "2026-07-09"
updated: "2026-10-15"
publisher: "legal.ge"
---

# Child Custody Arrangements

> Source: legal.ge, https://legal.ge/en/service/civil-law-en/child-custody-arrangements-en

## 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 full text is available on legal.ge after signing in: https://legal.ge/en/service/civil-law-en/child-custody-arrangements-en

### Who decides with whom a minor child lives when the parents live separately?

It depends on the parents' agreement. If they cannot agree, the dispute is decided by the court taking into account the best interests of the child.

### Can one parent restrict the other parent's rights?

No. The parent with whom the child lives has no right to restrict the rights and duties of the other parent, and divorced or separately living parents equally have all rights and duties toward their children.

### Who protects the child's interests in court?

A representative appointed by the guardianship and care body; in that dispute the parent's right to represent the child is suspended.

### When is guardianship or care established over a child?

When both of the child's parents have had a parental right or duty restricted by a court decision. A parent's rights may be restricted only by the court.