Child custody cases in Georgia continue to evolve as courts adapt to modern parenting, co parenting communication trends, and the best interest factors that guide every custody decision. For families in Marietta, Atlanta, Roswell, Sandy Springs, Alpharetta, and across Cobb and Fulton County, understanding how custody works in 2025 and 2026 is essential before negotiating or litigating your case.

Attorney Sean R Whitworth has represented parents throughout the Atlanta metro area for nearly twenty years. Because he works exclusively with flat fees, clients know they are receiving legal support that is predictable, transparent, and focused on results instead of unpredictable hourly billing.

This guide explains how Georgia handles custody today, what parents should expect in the coming year, and how to protect your rights throughout the process.

Georgia divides custody into two categories.

• Legal custody determines decision making authority.
• Physical custody determines where the child lives.

Most cases include some combination of shared responsibilities, though the court may award primary custody to one parent when necessary for stability and safety.
Courts evaluate every decision based on the best interest of the child. Factors can include home stability, school needs, parental communication, mental and physical health, and the child’s preference if age appropriate.

Family courts across Georgia are emphasizing three major themes:

Expanded co parenting tools
Judges expect parents to use communication apps to reduce conflict.

More attention to school performance
Academic consistency and attendance are now heavily evaluated in parenting plans.

Stronger expectations for stability
Parents must show predictable schedules, reliable transportation, and consistent involvement in medical and educational decisions.

These trends make it essential to prepare properly for mediation and court.

Although every family is different, most cases fall into one of these categories:

Joint legal custody with one parent holding final decision making power
This is the most common structure in Georgia.

Primary physical custody with parenting time for the other parent
Used when one household is more stable or provides continuity for school and childcare.

Equal parenting time or fifty fifty custody
Growing in popularity when both parents demonstrate cooperation and strong involvement.

Modified or supervised parenting schedules
Used when there are safety concerns or special circumstances.

Hiring an attorney who knows the courts in Cobb County, Fulton County, Cherokee County, and Douglas County matters. Local knowledge improves your ability to prepare your case correctly.

Benefits include
• Strategic parenting plan guidance that aligns with Georgia law
• A clear understanding of what judges expect in 2025 and 2026
• Support with gathering evidence and communication records
• Courtroom experience that helps shape realistic outcomes
• Transparent flat fees that reduce financial stress

Sean R Whitworth’s practice is built on direct communication. Clients work with their attorney, not with layers of staff, legal assistants, or unpredictable billable hours.

• How does a Georgia judge decide who gets custody?
  The court reviews what will best support the child’s emotional development, safety, education, and daily stability.
• Can a child choose which parent to live with in 2025 or 2026?
  Children who are fourteen or older may express a preference, but the judge still decides. Younger children may also share input if the court allows it.
• Is fifty fifty custody guaranteed in Georgia?
  No. It is only approved when both parents show cooperation, similar schedules, and consistent involvement.
• What happens if we cannot agree on a parenting plan?
  The court will create one for you based on best interest factors.
• Can custody orders be changed later?
  Yes. Georgia allows modifications if there is a material change in circumstances such as school issues, relocation, safety concerns, or major schedule changes.
• Do courts favor mothers or fathers?
  Georgia law does not favor either parent. Judges evaluate stability, involvement, and the child’s needs.
• Can I request sole custody?
  Yes, but you must show clear reasons that shared custody would not support the child’s best interest.
• What if the other parent refuses to communicate?
  Documentation becomes critical. Courts expect responsible communication for the well being of the child.
• Do I need evidence for court?
  Yes. School records, messages, calendars, medical notes, and witness statements often play a major role.
• Is mediation required in Georgia?
  Most counties in the Atlanta metro require mediation before a trial.
• Can a parenting plan include rules for school, electronics, and bedtime?
  Yes. Clear expectations help reduce confusion and conflict.
• What happens if one parent wants to move?
  Relocation cases require careful legal review and may lead to court intervention if the move disrupts the child’s stability.
• Will a criminal record affect custody?
  It can, depending on the circumstances and how recent the charges are.
• Can guardians ad litem be appointed in custody cases?
  Yes. They investigate and make recommendations that judges often consider heavily.

Located in Marietta and serving the entire Atlanta metro area, Sean R Whitworth brings nearly twenty years of direct family law experience. He offers
• Flat fee pricing
• Personalized strategy
• Clear communication
• Knowledge of local courts and judges
• Realistic expectations
• Efficient resolutions

Parents trust his approach because it focuses on stability and long term family wellbeing.