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Custody decisions shape your child's everyday life, so it's normal to feel protective and unsure. Our Atlanta child custody team at Modern Family Law helps parents create, change or enforce a parenting plan under Georgia law. Our child custody practice keeps the focus on your child, and your first consultation is free.
Custody issues come up in a divorce, a legitimation case or a case between parents who were never married. Georgia requires a parenting plan in every custody case, and Georgia law gives neither parent an automatic advantage because of gender.
Custody cases are emotional for everyone, especially children. Our Atlanta custody attorneys help you build a plan that fits your family's real schedule.
Schedule a Free ConsultationGeorgia custody orders cover two kinds of custody.
Legal custody covers major decisions about your child's education, health care, religion and activities. Parents often share it. When they do, the plan can name one parent as the final decision-maker in a specific area.
Physical custody sets where your child lives and the parenting time schedule for school days, weekends, holidays and summers. Georgia has no automatic 50/50 rule. A judge weighs the child's best interests using the factors in Georgia law. 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 ages 11 to 13, the judge considers the child's wishes.
Compare possible schedules with our parenting time calculator.
Atlanta custody cases are usually filed in the Fulton County Superior Court Family Division at 136 Pryor Street SW. If the other parent lives in DeKalb County, the case may belong in DeKalb County Superior Court in Decatur. You can ask for custody in a divorce, or in a separate custody or legitimation case if you aren't married.
Georgia courts can generally make custody orders only if your child has lived in Georgia for the past six months. Fulton County requires parents with minor children to complete a parenting seminar during the case.
The best plans are specific and realistic. They cover holidays, school breaks, transportation and how parents will handle disagreements.
If you and the other parent agree, the court usually approves your plan. If not, a judge decides based on your child's best interests. We help you present the facts that matter and propose a schedule that fits your child.
Many Atlanta parents work rotating schedules at the airport, at hospitals or in jobs with heavy travel. A standard every-other-weekend schedule doesn't fit those jobs. A good plan can follow a rotating calendar, account for long commutes across the metro and name a backup caregiver for trip days.
Our Atlanta custody attorneys will listen to your concerns and help you understand your options. Book a free custody consultation today.
At Modern Family Law, we look at custody from your child's perspective. We explain the process clearly, so you can make calm, informed decisions.
Frequently asked questions
The judge decides based on the child's best interests. Georgia law lists factors such as each parent's relationship with the child, past caregiving, each home's stability and the child's needs.
No. Georgia has no automatic 50/50 rule. Parents can agree to equal time, but a judge decides based on the child's best interests.
Atlanta crosses both counties. A custody case is usually filed in the county where the other parent lives, so check their address, not just the city name.
Yes. Georgia requires a parenting plan in every custody case, whether the parents agree or not.
If you have a custody order, you usually must give the other parent notice before moving. The other parent can ask the court to review the plan.
Yes. The court can set temporary custody and a temporary parenting schedule while the case is open. Those orders stay in place until the final decree or a new order.
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