Dealing with child custody and visitation issues during a divorce or modification are always some of the most emotional issues involved in the divorce or modification process.  In Georgia, there is both legal and physical custody.  It is rare for the court not to award joint legal custody.  This simply means that the parents agree to confer and discuss issues regarding the raising of the children in good faith.  Each parent will keep the other parent informed about issues and developments in the children’s lives and each parent will be recognized as the legal custodial parent, meaning they can go to the school and meet the teachers or go to the pediatrician and discuss the issues with the physician.  

The more contentious issue is physical custody.  This is more significant as it is physical custody that determines where the children will live most of the time. It will also determine who will make the final decisions regarding day to day life. When the parents cannot agree and usually who will receive the support for the children.

In Georgia, there are four elements considered in the decision-making process.  Education, religion, medical and extra-curricular activities are all considered by the court and can all be decided jointly, divided between the parents or granted to the primary custodial parent.  The court usually grants these decisions to the primary custodial parent; however, if the parents can agree to divide these custodial decisions, or prove it is beneficial to the children that one or the other parent has these decisions, then alternate arrangements regarding custodial decisions are acceptable as well.

The parent who does not receive primary child custody will receive visitation unless they are unfit and there are issues of concern visitation will be granted.  There is a very high threshold when seeking limited or supervised visitation;  the court usually grants standard visitation to one parent which means every other weekend, alternating holidays and a day during non-visitation weeks.  In my experience, it is much more beneficial for parents to decide amongst themselves how they want to divide their roles with the children.  This can take the form of equal time or any variation that is equitable and in the best interest of the children.

Georgia’s child custody and visitation statutes are gender- neutral in Georgia. This means there are no such things as father’s rights litigation.  The court looks solely at the best interest of the children.  Sometimes these interests are obvious because of the lifestyle of a parent and other times they are not; in cases in which these issues are contentious, a guardian ad litem is sometimes appointed to investigate further and represent the interests of the children.  These issues are never easy, emotionally, or legally, and if you are facing a dispute over child custody or visitation it is highly recommended that you seek legal counsel as soon as possible.

How is child custody decided in Georgia?

In Georgia, child custody decisions are based on the best interests of the child. The court may consider factors such as each parent’s involvement in the child’s life, the stability of each home, the child’s relationship with each parent, work schedules, communication between the parents, and any history of abuse, neglect, or substance misuse.

What is the difference between legal custody and physical custody in Georgia?

Legal custody refers to the right to make major decisions for the child, such as education, healthcare, extracurricular activities, and religion.
Physical custody refers to where the child primarily lives and how parenting time is shared between the parents.

Can both parents get custody in Georgia?

Yes. Georgia courts often support arrangements that allow both parents to remain involved in a child’s life when it is safe and appropriate. This may include joint legal custody, shared parenting time, or a parenting plan that gives one parent primary physical custody with visitation for the other.

At what age can a child choose which parent to live with in Georgia?

In Georgia, a child who is 14 years old or older may express a preference for which parent they want to live with, and the court will generally give that preference significant weight unless it is not in the child’s best interests. A child between 11 and 13 may also express a preference, but the judge has more discretion in deciding how much weight to give it.

What is included in a parenting plan in Georgia?

A parenting plan in Georgia typically outlines:

• Where the child will live
• Weekday and weekend schedules
• Holiday and vacation schedules
• Transportation arrangements
• Communication between the parents
• Decision-making responsibilities
• How future disputes will be handled

Can custody be modified after the divorce or custody order is final?

Yes. A child custody order in Georgia can be modified if there has been a material change in circumstances that affects the child’s welfare. This may include relocation, changes in the child’s needs, significant changes in a parent’s situation, or ongoing issues with the current arrangement.

Can a parent lose custody in Georgia?

A parent can lose custody or have parenting time restricted if the court finds that it is necessary to protect the child’s best interests. This can happen in cases involving abuse, neglect, repeated instability, serious substance abuse, unsafe living conditions, or other conduct that may place the child at risk.

Do Georgia courts favor the mother over the father in custody cases?

No. Georgia law does not automatically favor mothers over fathers in child custody cases. Courts are required to focus on the best interests of the child, not the gender of the parent.

How does relocation affect child custody in Georgia?

If one parent wants to move and the relocation would significantly affect the current custody or visitation schedule, the existing custody arrangement may need to be reviewed or modified by the court. Relocation can become a major issue in custody disputes, especially if it affects school, transportation, or the child’s relationship with the other parent.

What should I do if the other parent is not following the custody order?

If the other parent is not complying with the custody or visitation order, you should document the issue carefully and speak with a family law attorney. In some cases, enforcement or contempt action may be appropriate.

Do I need a lawyer for a child custody case in Georgia?

While not every custody matter requires litigation, child custody cases can become highly emotional and legally complex. Having an experienced attorney can help protect your parental rights, clarify your options, and ensure that your case is presented effectively.

Why choose Sean R. Whitworth for a child custody case in Marietta or Cobb County?

Sean R. Whitworth provides experienced, personalized legal representation for families navigating child custody issues in Marietta, Cobb County, and the greater Atlanta area. As a solo practitioner, he offers direct communication, practical legal guidance, and a focused approach tailored to the facts of each case.