§ 19-9-5.Custody agreements; ratification; supplementation
Chapter 9. Child Custody Proceedings · Article 1. General Provisions · Last amended 2008 · Last verified October 9, 2026
Full Text of § 19-9-5
Plain-English Summary
Many custody cases end in agreement, and this section tells the judge what to do with one. Parents in a custody proceeding may present the judge with an agreement on any and all custody issues. “Custody” here includes joint custody, as defined in § 19-9-6, but it does not include child support, which is handled under the guidelines in § 19-6-15.
The judge must ratify the agreement and make it part of the final judgment. The only way out is for the judge to make specific written factual findings, as part of the final judgment, that under the circumstances of these parents and this child the agreement would not be in the child’s best interests. And the judge may not refuse to ratify an agreement based solely on the parents’ choice of joint custody — a protection for parents who want to share custody.
If the agreement leaves some issues unaddressed, the judge may supplement it in the judgment. Section 19-9-1.1 applies a similar rule to arbitration awards.
Frequently Asked Questions
Will a Georgia judge approve our custody agreement?
In most cases, yes. The judge must ratify the parents’ agreement and make it part of the final judgment unless the judge makes specific written factual findings that, under the circumstances of the parents and the child, the agreement would not be in the child’s best interests. Without those written findings, the agreement goes into the judgment.
Can a Georgia judge reject our agreement because we chose joint custody?
Not for that reason alone. The section says the judge shall not refuse to ratify an agreement, or to make it part of the final judgment, based solely on the parents’ choice to use joint custody. A judge who rejects an agreement must rest that decision on written findings that it isn’t in the child’s best interests.
Does a custody agreement in Georgia include child support?
No. For this section, “custody” does not include payment of child support. The agreement this section protects covers custody issues, including joint custody as defined in § 19-9-6. Child support is calculated under the guidelines in § 19-6-15, so a support provision is reviewed under that statute rather than under this section’s ratification rule.
What if our custody agreement leaves something out?
The judge can fill the gap. In the judgment, the judge may supplement the agreement on issues it does not cover. Parents can settle most of their custody questions and leave the rest for the judge to decide, and the final judgment will combine the agreement with the judge’s own rulings.
What custody issues can Georgia parents settle by agreement?
Any and all of them. The section makes it expressly permissible for parents to present the judge an agreement on any and all issues concerning custody, including joint custody. That covers where the child lives, the parenting schedule and decision-making. It does not include child support, which the section expressly leaves out of “custody.”
Amendment History
Laws 1986, p. 1585, § 1; Laws 1992, p. 2135, § 1; Laws 2007, Act 264, § 5, eff. Jan. 1, 2008; Laws 2008, Act 471, § 19, eff. May 12, 2008.