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Custody decisions shape your child's everyday life, so it's normal to feel protective and unsure. Our Alpharetta child custody team at Modern Family Law helps parents create, change or enforce a parenting plan under Georgia law. Our custody attorneys put your child's needs first, and your first consultation is free.
Custody can be decided in a divorce, a legitimation case or a case between parents who never married. Every Georgia custody case needs a parenting plan, and neither parent is favored because of gender.
Our Alpharetta custody attorneys help you build a plan around your child's school, activities and both parents' work and travel.
Schedule a Free ConsultationGeorgia custody orders cover two kinds of custody.
Legal custody covers major decisions about school, health care, religion and activities. Parents often share it, with one parent named the final decision-maker in a given area if needed.
Physical custody sets where your child lives and the parenting time schedule. There's no automatic 50/50 rule in Georgia; a judge decides what serves your child's best interests. A child who is 14 or older can choose which parent to live with, and that choice is presumed to stand unless it isn't in the child's best interests. For children 11 to 13, the judge considers the child's wishes.
Map out schedule options with our parenting time calculator.
If the other parent lives in Alpharetta or elsewhere in North Fulton, your custody case is usually filed with the Fulton County Superior Court Family Division in downtown Atlanta. If they live in Forsyth County, the case is usually filed in Cumming. Married parents ask for custody in the divorce; unmarried parents file a separate custody or legitimation case.
Georgia courts can generally make custody orders only if your child has lived in Georgia for the past six months. Fulton County also requires parents with minor children to complete a parenting seminar, so plan for it early if your schedule is busy.
Good plans are specific. They cover holidays, school breaks, activities, travel and how parents will resolve disagreements.
When parents agree, the court usually approves the plan. If not, a judge decides based on your child's best interests. We help you present the facts that matter.
Many Alpharetta parents travel for work or have demanding schedules. A plan can include make-up time, a right of first refusal, video calls during trips and clear rules for out-of-state travel with the child.
Our Alpharetta custody attorneys will listen to your concerns and explain your options. Schedule a free custody consultation today.
At Modern Family Law, we look at custody from your child's perspective and explain the process clearly, so you can make calm, informed decisions.
Custody has many parts, and no two families are the same. The more you know, the more confident you'll feel at each step.
Frequently asked questions
A parenting plan can include make-up time, a right of first refusal and video calls, so time with your child isn't lost to business travel.
If the other parent lives in Cumming or elsewhere in Forsyth County, the custody case is usually filed in Forsyth County Superior Court rather than Fulton.
Yes. Many plans say who pays for activities, how parents agree on new ones and who handles transportation.
Georgia parenting plans generally require at least 30 days' written notice before a parent moves. The other parent can then ask the court to review the plan.
It depends on your parenting plan. Many Georgia plans require notice and an itinerary for out-of-state travel.
Yes. You generally need to show a material change in circumstances affecting the child since the last order.
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