Georgia Parenting Plan: Sworn Custody and Visitation Agreement Under O.C.G.A. § 19-9-1

When parents in Georgia separate or divorce and the custody of their children is at issue, Georgia law requires each parent to submit a Parenting Plan to the Superior Court. Under O.C.G.A. § 19-9-1, a Parenting Plan must be filed with any petition or answer involving child custody — and it must be signed under oath before a notary public.

What Is a Georgia Parenting Plan?

A Parenting Plan is a detailed court document that sets out how parents will share custody, visitation, and decision-making responsibilities for their minor children. It covers:

• Physical custody — where the children live and on what schedule
• Legal custody — who makes decisions about education, healthcare, and religious upbringing
• Parenting time — a detailed schedule for holidays, school breaks, summer, and extracurricular activities
• Transportation arrangements — who handles pick-up and drop-off and where exchanges occur
• Communication access — telephone, email, and other contact between the children and the non-custodial parent
• Relocation provisions — what happens if a parent plans to move more than a certain distance
• Access to records — both parents are entitled to educational, health, and extracurricular records under O.C.G.A. § 19-9-1(b)(1)(D)

Why Does Georgia Law Require Notarization?

The Parenting Plan form includes a Parental Acknowledgment section where each party swears that the information provided is true and correct, that a close parent-child relationship is in the child’s best interests, and that they have made a good faith effort to account for the child’s changing needs. The signature block reads:

“Sworn and affirmed to me, this ___ day of ________. NOTARY PUBLIC”

This notarized sworn statement is what makes the Parenting Plan a verified submission to the court. By signing before a notary, parents acknowledge under oath — subject to the penalties of perjury — that the details in the plan are truthful. The notary’s seal and signature authenticate the parents’ identities and confirm that the signatures were made voluntarily.

The requirement for notarized verification aligns with O.C.G.A. § 9-10-113, which holds that affidavits, petitions, and other court proceedings are sufficient when sworn before a notary public or other authorized officer.

When Is a Parenting Plan Required?

• In all divorce or separation cases where child custody is at issue
• When a parent seeks to modify an existing custody order
• In legitimation or paternity cases involving custody
• The plan must be filed at least 10 days before any final hearing (15 days before a final hearing with a parenting coordinator)

Contested vs. Uncontested Plans

If both parents agree on all terms, they may submit a joint uncontested Parenting Plan. If they cannot agree, each parent submits their own contested plan, and the judge decides what is in the best interests of the child based on factors listed in O.C.G.A. § 19-9-3 — including each parent’s love and emotional ties, ability to provide a stable home, involvement in the child’s education, and any history of family violence or substance abuse.

Official Form and Resources

The Georgia Parenting Plan form is available from your county’s Superior Court Clerk’s office or online through many county court websites. You can find a copy of the standard form through resources like the Georgia Courts Access to Justice website or your local Superior Court Clerk.

Need this document notarized? Find a trusted notary in your area on Notary of Gwinnett.