As used in this article, the term:
(Ga. L. 1978, p. 1957, § 3; Ga. L. 2019, p. 904, § 1/SB 190.)
The 2019 amendment, effective July 1, 2019, rewrote this Code section, which read: "As used in this article, the term:
"(1) 'Custody' includes visitation rights.
"(2) 'Legal custodian' means a person, including, but not limited to, a parent, who has been awarded permanent custody of a child by a court order. A person who has not been awarded custody of a child by court order shall not be considered as the legal custodian while exercising visitation rights. Where custody of a child is shared by two or more persons or where the time of visitation exceeds the time of custody, that person who has the majority of time of custody or visitation shall be the legal custodian.
"(3) 'Physical custodian' means a person, including, but not limited to, a parent, who is not the 'legal custodian' of a child but who has physical custody of the child."
Law reviews.- For survey article on domestic relations cases for the period from June 1, 2002 through May 31, 2003, see 55 Mercer L. Rev. 223 (2003). For annual survey of domestic relations cases, see 57 Mercer L. Rev. 173 (2005). For article, "2019 Legislative Review," see 24 Ga. St. B.J. 28 (June 2019).
JUDICIAL DECISIONS
"Legal guardian."
- Grandmother was not a "legal guardian" of a child within the meaning of O.C.G.A. § 19-9-22 or O.C.G.A. § 15-11-13. Stills v. Johnson, 272 Ga. 645, 533 S.E.2d 695 (2000).
Change in visitation is form of change in child custody. Tirado v. Shelnutt, 159 Ga. App. 624, 284 S.E.2d 641 (1981).
When the mother had legal custody, it was error for the trial court to indirectly effect a change in custody by modifying a visitation schedule so that the father was given more custody time than the mother. Kennedy v. Adams, 218 Ga. App. 120, 460 S.E.2d 540 (1995).
It was not error for a trial court to order a custody evaluation in a visitation dispute because: (1) O.C.G.A. § 19-9-22(1) included visitation in the definition of "custody"; and (2) O.C.G.A. § 19-9-3(a)(7) authorized the court to order an evaluation. Gottschalk v. Gottschalk, 311 Ga. App. 304, 715 S.E.2d 715 (2011).
Cited in Seymour v. Seymour, 156 Ga. App. 293, 274 S.E.2d 690 (1980); Pruitt v. Hooks, 163 Ga. App. 892, 296 S.E.2d 193 (1982); DeKalb County Dep't of Family & Children Servs. v. Queen, 252 Ga. 274, 312 S.E.2d 800 (1984); In re M.M.A., 174 Ga. App. 898, 332 S.E.2d 39 (1985); Bullington v. Bullington, 181 Ga. App. 256, 351 S.E.2d 700 (1986); Alvarez v. Sills, 258 Ga. 18, 365 S.E.2d 107 (1988); Martin v. Buglioli, 185 Ga. App. 722, 365 S.E.2d 866 (1988); Oglesby v. Deal, 311 Ga. App. 622, 716 S.E.2d 749 (2011); Smith v. Curtis, 316 Ga. App. 890, 730 S.E.2d 604 (2012).
RESEARCH REFERENCES
C.J.S.
- 2 C.J.S., Adoption of Persons, § 47. 39 C.J.S., Guardian and Ward, §§ 51, 52. 67A C.J.S., Parent and Child, §§ 167, 168.