§ 19-9-1.1.Binding arbitration on issue of child custody and related matters
Chapter 9. Child Custody Proceedings · Article 1. General Provisions · Last amended 2008 · Last verified October 9, 2026
Full Text of § 19-9-1.1
Plain-English Summary
Parents who would rather not have a judge decide their custody dispute can choose binding arbitration instead. This section says plainly that it is “expressly permissible” for parents in a custody case to agree to it. The parents pick the arbiter, and they decide which issues go to arbitration — custody, visitation, parenting time, the parenting plan, or some of each.
The arbiter’s decision doesn’t stand alone. It goes into the judge’s final decree awarding custody, and the judge must incorporate it unless the judge makes specific written factual findings that, given the circumstances of these parents and this child, the award would not be in the child’s best interests. That safeguard keeps the court’s duty to protect the child intact even when the parents have chosen a private decision-maker.
If the arbitration left some questions unanswered, the judge may fill the gaps in the judgment. Note what the list leaves out: the section speaks of custody and matters relative to visitation, parenting time and a parenting plan, and does not mention child support. Section 19-9-3(i)(15) points to this section as one option when a parent’s impending military deployment leaves no time for the court to decide the case first.
Frequently Asked Questions
Can we use arbitration instead of court for custody in Georgia?
Yes, if both parents agree. This section makes it expressly permissible for parents to agree to binding arbitration on child custody and on matters relating to visitation, parenting time and a parenting plan. The parents select the arbiter and decide which issues the arbiter will resolve. The result is binding, but it still becomes part of a court decree.
Does a Georgia judge have to accept a custody arbitration award?
Usually, yes. The judge must incorporate the arbiter’s decisions into the final custody decree unless the judge makes specific written factual findings that, under the circumstances of the parents and the child, the award would not be in the child’s best interests. Without such written findings, the award goes into the decree.
Who chooses the arbitrator in a Georgia custody arbitration?
The parents do. The section lets the parents select their arbiter and decide which issues will be resolved through binding arbitration. That lets them pick someone with the background they trust — for example, an experienced family lawyer or retired judge — and keep other issues for the court if they prefer.
What if the custody arbitration didn’t cover everything?
The judge can fill the gaps. In its judgment, the court may supplement the arbiter’s decision on issues the binding arbitration did not cover. So parents can arbitrate only the hardest questions, such as the parenting schedule, and leave the rest to be decided or approved by the judge in the final decree.
Can child support be decided in a Georgia custody arbitration?
This section doesn’t say so. It authorizes binding arbitration on child custody and on matters relating to visitation, parenting time and a parenting plan; child support isn’t on that list. Child support is calculated under the guidelines in § 19-6-15, and any arbitration of support would have to rest on some other authority.
Amendment History
Laws 2007, Act 264, § 5, eff. Jan. 1, 2008.