Marietta Child Custody Lawyer
Nothing matters more than your children. We build custody cases around their well-being and your relationship with them — and we fight to protect both.
How custody is decided in Georgia
Georgia courts decide custody on the best interests of the child under O.C.G.A. § 19-9-3, with no presumption favoring either parent. Judges weigh each parent's bond with the child, stability, home environment, and ability to provide care. A child who is 14 or older may choose which parent to live with — subject to the court's best-interest review — and the views of children 11 to 13 are given meaningful weight.
Legal vs. physical custody
Legal custody is the authority to make major decisions about education, health care, and religion; physical custody determines where the child primarily lives and the day-to-day schedule. Each can be joint (shared) or sole. Georgia also requires a written parenting plan, and we build practical schedules your family can actually live with.
Modifying a custody order
Custody can be revisited when there's been a material change in circumstances affecting the child — a relocation, a parent's changed situation, or a child 14 or older wanting to switch homes. The court again applies the best-interest standard, and we help you make (or defend against) the case for a change.
When the other parent won't follow the order
If a parent withholds parenting time or violates the order, you can file for contempt. Courts can order make-up time, require the offending parent to pay costs, order parenting classes, and in serious or repeated cases impose fines or jail. While a single contempt finding doesn't change custody, a pattern of violations can support a modification.
Custody across state lines (UCCJEA)
When a parent or an existing order crosses state lines, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) decides which state has authority and ensures orders are honored. We handle relocation, out-of-state orders, and interstate disputes.
Questions & answers
Child Custody: common questions
How is child custody decided in Georgia?
By the best interests of the child under O.C.G.A. § 19-9-3 — weighing each parent's bond with the child, stability, home environment, and ability to provide care. There is no automatic preference for mothers or fathers.
Can a child choose which parent to live with in Georgia?
A child who is 14 or older may elect which parent to live with, though the judge can override that choice if it isn't in the child's best interest. The preferences of children aged 11 to 13 are considered and given meaningful weight.
What is the difference between legal and physical custody?
Legal custody is the right to make major decisions (school, health, religion); physical custody is where the child lives and the parenting-time schedule. Either can be joint or sole.
How do I modify a custody order in Georgia?
You petition the court and show a material change in circumstances affecting the child since the last order. The court then decides what arrangement now serves the child's best interests.
What happens if my ex violates the custody order?
You can file for contempt. The court can order make-up parenting time, costs and attorney's fees, parenting classes, and in serious cases fines or jail — and repeated violations can become grounds to modify custody.
Related
How we can also help.
Child Support
Child support should be fair and accurate. We make sure the numbers reflect reality — and we hel…
Father's Rights
Fathers deserve a real relationship with their children — and the law supports it. We help dads …
Modifications
Life changes — a new job, a move, a child's evolving needs. When circumstances shift, your custo…
Talk to a Marietta family lawyer.
Tell us what's going on — we'll explain your options in plain language, no pressure.
Schedule a consultation →