Georgia Child Custody Attorney

Georgia child custody lawyers In Georgia, child custody is decided by a judge based on the best interests of the child. Neither the mother nor the father has an automatic right to custody, and Georgia law does not create a presumption in favor of joint or sole custody. Kessler & Solomiany, LLC’s Georgia child custody attorneys represent parents throughout the state in custody disputes, parenting-plan negotiations, modifications, relocation matters, and other cases that can affect a parent’s relationship with their children.

Experienced Child Custody Lawyers Representing Parents Throughout Georgia

Few family law matters carry greater personal consequences than a dispute involving your children. A custody order can determine not only where a child lives, but also how parents divide time, who participates in important decisions involving education and medical care, how holidays and school breaks are handled, and how the family adapts to future changes.

Georgia courts are required to make custody decisions based on the child’s best interests. That requires judges to consider the individual circumstances of the child and family rather than automatically favoring one parent or a particular custody arrangement.

Kessler & Solomiany, LLC has focused exclusively on family law since 1991. Based in Atlanta, our attorneys represent parents throughout Georgia in cases ranging from negotiated parenting plans to complex custody litigation involving relocation, allegations of abuse, high-conflict parenting relationships, guardians ad litem, custody evaluations, and requests to modify existing orders.

If you are facing a custody dispute or need to understand how Georgia custody law applies to your family, schedule a consultation with Kessler & Solomiany.

Georgia Child Custody: Key Things to Know

Georgia courts decide custody according to the best interests of the child.
Neither parent has an automatic right to custody based on gender.
Custody includes both legal custody, which concerns major decisions affecting the child, and physical custody, which concerns where the child lives and parenting time.
Georgia does not presume that joint custody, sole custody, or a 50/50 parenting schedule is best for every child.
Georgia custody cases involving minor children generally require a written parenting plan.
A child who is 14 or older may select which parent they prefer to live with, subject to the court’s determination of the child’s best interests.
Existing custody orders may be modified when the legal requirements for modification are satisfied.
An unmarried biological father generally must establish legal rights through legitimation before seeking custody or parenting time.

How Is Child Custody Determined in Georgia?

Georgia courts determine custody based on the best interests of the child. Rather than applying a single formula, judges can consider numerous factors involving the child’s needs, each parent’s relationship with the child, the stability of each household, each parent’s ability to care for the child, and other circumstances affecting the child’s welfare.

Factors that may be relevant include:

The emotional ties between the child and each parent
Each parent’s knowledge of and involvement in the child’s life
Each parent’s ability to provide food, clothing, medical care, and other necessities
The stability of each parent’s home environment
The child’s educational needs
Each parent’s willingness to encourage a relationship between the child and the other parent
The child’s relationships with siblings and other important family members
Each parent’s physical and mental health as it relates to parenting
Any history of family violence, child abuse, or substance abuse
The child’s wishes when the child is old enough for those wishes to be considered under Georgia law

The Georgia court system provides additional resources and information about Georgia courts, but custody decisions ultimately depend on the specific evidence and circumstances presented in each case.

Why Should I Hire a Georgia Child Custody Lawyer?

A custody lawyer’s role is not simply to argue that one parent is “better” than the other. Effective representation requires presenting the court with a clear picture of the child’s needs, the parent’s history of caring for the child, the proposed parenting arrangement, and why that arrangement serves the child’s best interests.

Even when parents agree on some aspects of custody, those agreements should be accurately reflected in a written parenting plan and court order. Informal arrangements can become difficult to enforce if disagreements arise later.

A Georgia child custody attorney can also assist with:

Preparing a proposed parenting plan
Temporary custody and parenting-time hearings
Negotiating custody through mediation
Working with or responding to a guardian ad litem
Custody evaluations and expert testimony
Discovery and evidence involving parenting issues
Relocation disputes
Custody modifications
Allegations involving abuse, neglect, substance abuse, or family violence
Appeals involving custody orders

Our attorneys represent parents throughout Georgia in both negotiated custody matters and cases requiring courtroom litigation.

What Are the Types of Child Custody in Georgia?

Georgia custody arrangements address two separate concepts: physical custody and legal custody. Either may be shared between the parents or primarily awarded to one parent depending on the circumstances.

Sole Physical Custody

Sole physical custody generally means that the child primarily resides with one parent, while the other parent may receive parenting time according to a schedule established by agreement or court order.

Joint Physical Custody

Joint physical custody allows both parents substantial parenting time with the child. Joint physical custody does not necessarily require an exact 50/50 division of time. The schedule should reflect the child’s needs, the parents’ availability, school and activity schedules, transportation, and other practical considerations.

Sole Legal Custody

Sole legal custody gives one parent authority over major decisions affecting the child’s upbringing. These decisions may involve education, health care, religion, extracurricular activities, and other significant matters.

Joint Legal Custody

Joint legal custody allows both parents to participate in major decisions affecting their child. A parenting plan should explain how decisions will be made and what happens when parents cannot reach an agreement.

The custody labels themselves do not tell the whole story. The specific parenting schedule, decision-making provisions, holiday arrangements, transportation responsibilities, and other details contained in the custody order often have a greater impact on a family’s day-to-day life.

What Is a Parenting Plan in Georgia?

Georgia law requires a parenting plan in cases involving custody of a minor child. The plan establishes the practical rules that parents will follow after separation or divorce.

A Georgia parenting plan may address:

The regular weekly parenting schedule
Weekends
Holidays and school breaks
Summer parenting time
Transportation and child exchanges
Where the child will spend important occasions
How major decisions will be made
How parents will communicate about the child
Access to educational, medical, and other records

Once approved by the court, the parenting plan becomes part of the custody order. Parents should therefore understand exactly how the proposed plan will work in practice before agreeing to its terms.

Can a Child Choose Which Parent to Live With in Georgia?

Georgia law gives older children a greater voice in custody decisions, but a child’s preference does not completely replace the court’s responsibility to determine what arrangement serves the child’s best interests.

A child who has reached age 14 may select the parent with whom they wish to live. That selection is presumptive unless the judge determines that living with the selected parent would not be in the child’s best interests.

For children between the ages of 11 and 14, the judge must consider the child’s wishes and educational needs, but the child’s preference does not control the outcome. The court retains discretion to determine the custody arrangement based on the complete circumstances of the case.

Do Georgia Courts Favor Mothers or Fathers?

Georgia law does not give mothers or fathers an automatic advantage in a custody dispute. Courts are required to determine custody based on the child’s best interests rather than the parent’s gender.

The practical history of the family can still be important. A judge may consider which parent has historically handled school responsibilities, medical appointments, extracurricular activities, daily routines, and other aspects of caring for the child. That analysis is based on the child’s circumstances and the parents’ involvement rather than a legal presumption that mothers or fathers should receive custody.

What About Unmarried Parents?

Different rules apply when a child is born to parents who are not married. An unmarried biological father generally must legitimate the child before obtaining enforceable custody or parenting-time rights.

Grandparents may also have custody or visitation rights in limited circumstances. Learn more about grandparent custody and visitation in Georgia.

Does Georgia Favor 50/50 Custody?

Georgia does not have a statewide presumption that children should spend exactly half their time with each parent. Courts may approve or order equal parenting time when it serves the child’s best interests, but they may also approve many other schedules.

When developing a parenting schedule, considerations can include the child’s age, school schedule, distance between the parents’ homes, transportation, each parent’s work schedule, extracurricular activities, and the parents’ ability to communicate and cooperate.

For that reason, parents should focus less on obtaining a particular custody label or percentage and more on creating a workable arrangement that addresses the child’s actual needs.

How Do Custody Cases Work in Different Georgia Counties?

Georgia’s substantive child custody law applies statewide, but custody cases are handled through local Superior Courts. Local rules, standing orders, filing procedures, mediation requirements, parenting seminars, scheduling practices, and courtroom procedures can differ depending on where the case is pending.

This means a custody case in Fulton County may not proceed exactly the same way procedurally as a case in Cobb, Gwinnett, DeKalb, Forsyth, Chatham, Richmond, Muscogee, or another Georgia county.

The Judicial Council of Georgia provides statewide information about Georgia’s courts and judicial system. Parents should also review the requirements of the specific Superior Court handling their case.

Kessler & Solomiany is based in Atlanta but represents parents in custody and family law matters throughout Georgia. Our statewide practice allows us to address Georgia custody law while also accounting for the local procedures that can affect how a case progresses.

Can You Hire an Atlanta Child Custody Lawyer if You Live Elsewhere in Georgia?

Yes. A Georgia family law attorney does not necessarily need to maintain an office in the county where a custody case is pending to represent a parent there.

Kessler & Solomiany represents clients throughout Georgia, including parents in smaller cities and rural communities who seek a firm focused exclusively on family law. This can be particularly important in cases involving complicated custody disputes, substantial family resources, relocation, allegations of abuse, expert witnesses, guardians ad litem, or other issues that require significant preparation.

Can Child Custody Be Modified in Georgia?

A custody arrangement that worked when an order was entered may no longer serve a child’s needs several years later. Georgia law allows parents to seek modification of an existing custody order when the applicable legal requirements are satisfied.

A modification may become necessary because of changes involving a parent’s living situation, the child’s needs, school, employment, relocation, family circumstances, or other developments affecting the child’s welfare.

Parenting-time and visitation issues are treated somewhat differently from a request to change primary custody, so parents considering a modification should determine which type of change they are actually seeking before filing.

What Happens if a Parent Wants to Move?

A parent’s move can create significant custody issues, particularly when the relocation would affect the existing parenting schedule, school arrangements, transportation, or the other parent’s ability to spend time with the child.

Georgia courts evaluate relocation disputes according to the child’s best interests rather than automatically allowing or prohibiting a move. Depending on the circumstances, relocation can also lead the other parent to seek a custody modification.

Learn more about relocation and child custody in Georgia.

What Role Does a Guardian ad Litem Play in a Georgia Custody Case?

In contested custody cases, a court may appoint a guardian ad litem to investigate circumstances affecting the child and advocate for the child’s best interests during the case.

Depending on the case and the scope of the appointment, a guardian ad litem may speak with the parents, child, teachers, medical professionals, counselors, or other people familiar with the family. The guardian may also review relevant records and provide findings or recommendations to the court.

A guardian ad litem does not replace the judge and does not have final authority to decide custody. However, the guardian’s investigation and recommendations can become an important part of a contested custody case.

What Happens at a Temporary Custody Hearing?

Custody cases can take months to resolve, but families often need a parenting schedule immediately. A temporary hearing allows the court to establish custody, parenting time, support, and other necessary arrangements while the case remains pending.

Temporary orders can significantly affect a family’s routine during litigation and may establish a practical status quo that lasts until settlement or trial. Parents should therefore prepare carefully for temporary custody proceedings rather than treating them as an informal preliminary step.

Recent Changes to Georgia Custody and Support Law

Ethan’s Law and Reunification Programs

Georgia enacted Ethan’s Law (HB 253) in 2025. The legislation places limitations on circumstances in which courts can order certain family reunification or unification treatments, programs, or services. These provisions can be particularly relevant in custody disputes involving allegations of abuse, estrangement, or requests for intensive reunification programs.

Parenting Time and Georgia Child Support

Changes to Georgia’s child support guidelines that took effect in 2026 incorporate parenting time into the child support calculation. As a result, the parenting schedule established in a custody case can have a direct financial relationship to the amount of child support that may be ordered.

Parents negotiating custody and support should therefore consider how the parenting schedule and financial obligations interact rather than approaching them as entirely separate issues.

What if Domestic Violence or Child Abuse Is Involved?

Allegations involving family violence or child abuse can significantly affect a Georgia custody case. Courts may consider evidence of violence or abuse when determining what custody arrangement serves the child’s best interests, and additional protective measures may be available when a parent or child faces an immediate safety risk.

If you or your children are in immediate danger, call 911. Georgia’s statewide domestic violence hotline is available at 1-800-33-HAVEN (1-800-334-2836). Information and resources are also available through the State of Georgia’s domestic violence resources.

Our family violence and restraining order attorneys can also assist when protective-order and custody issues overlap.

Why Choose Kessler & Solomiany for a Georgia Child Custody Case?

Kessler & Solomiany has focused exclusively on family law since 1991. Our attorneys represent parents throughout Georgia in matters ranging from negotiated parenting plans and uncontested custody arrangements to high-conflict litigation involving significant financial resources, relocation, allegations of misconduct, and expert involvement.

Custody cases require more than knowledge of Georgia statutes. Effective representation may involve understanding family dynamics, presenting detailed evidence of a parent’s involvement with the child, working with guardians ad litem and other professionals, negotiating practical parenting arrangements, and preparing to present the case to a Superior Court judge when an agreement cannot be reached.

Our attorneys handle custody matters as part of a broader family law practice that includes divorce, child support, legitimation and paternity, relocation, modifications, and other issues affecting Georgia families.

Georgia Child Custody FAQs

How is child custody determined in Georgia?

A Superior Court judge determines custody according to the child’s best interests. The judge can consider factors involving the child’s relationship with each parent, stability, each parent’s involvement in the child’s life, educational and medical needs, family relationships, and any history of family violence, substance abuse, or other circumstances affecting the child’s welfare.

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

Legal custody concerns authority to participate in major decisions about a child’s education, health care, religion, and extracurricular activities. Physical custody concerns where the child lives and how parenting time is divided. Legal and physical custody can each be shared or primarily assigned to one parent.

Does Georgia favor 50/50 custody?

No. Georgia does not have a presumption requiring equal parenting time or favoring a particular custody arrangement. A judge may approve a 50/50 schedule when appropriate, but the ultimate arrangement is based on the child’s best interests.

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

At age 14, a child may select which parent they prefer to live with, and that selection is presumptive unless the judge determines that it is not in the child’s best interests. For children between 11 and 14, the court considers the child’s wishes but is not required to follow them.

Do unmarried fathers have custody rights in Georgia?

An unmarried biological father generally must legitimate his child before obtaining enforceable custody or parenting-time rights. Learn more about legitimation and paternity in Georgia.

Is a parenting plan required in a Georgia custody case?

Georgia generally requires a parenting plan when custody of a minor child is at issue. The plan addresses matters such as parenting time, holidays, transportation, decision-making authority, and other practical details governing how parents will raise their child from separate households.

Can a custody order be changed after it is final in Georgia?

Yes. Georgia allows custody orders to be modified when the applicable requirements are met. The rules differ depending on whether a parent is seeking to change primary custody or only parenting-time provisions, so the appropriate legal strategy depends on the change being requested.

Can I move out of Georgia with my child after a custody order?

A relocation can lead to a custody modification request when the move significantly affects the existing parenting arrangement. Georgia courts evaluate relocation and any resulting custody dispute according to the child’s best interests. Parents should review their existing custody order and obtain legal advice before committing to a move that will affect parenting time.

How long does a child custody case take in Georgia?

There is no single timeline for a Georgia custody case. A matter in which the parents reach an agreement and submit an acceptable parenting plan may resolve relatively quickly, while contested litigation involving discovery, a guardian ad litem, custody evaluation, experts, or trial can take substantially longer. Timing also varies among Georgia courts.

For additional information, visit our family law FAQs or learn more about creating a Georgia parenting plan.

Speak With a Georgia Child Custody Attorney

Child custody decisions can affect where your children live, how much time you spend with them, and how important decisions about their lives are made for years to come. Understanding Georgia custody law and developing a parenting arrangement that addresses both your child’s needs and the realities of your family is an important part of protecting that relationship.

Kessler & Solomiany, LLC represents parents throughout Georgia in custody disputes, parenting-plan negotiations, modifications, relocation cases, legitimation matters, and other complex family law proceedings.

Contact Kessler & Solomiany or call (404) 688-8810 to schedule a confidential consultation with an experienced Georgia child custody attorney.