In a divorce or custody case, child custody is often the most emotional and contested issue because it affects your child’s daily life and your parenting time. Our Macon child custody lawyer helps parents create strong parenting plans, protect visitation rights, and pursue custody modifications when circumstances change.
Looking for help with other family law issues? Visit our Macon Family Law Attorney page.
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Our team will guide you through each step with clear advice, steady communication, and a plan built around your child’s best interests.
Call (478) 239-2780 or use the contact form to schedule a consultation.
Ashley has battled with me through every step of my custody battle. The end results were more than I could have hoped for in the beginning. She has guided me through obstacles that I would have never made it through alone. I would highly recommend Ashley for a family/divorce case.
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If you’re unsure how child custody works in Georgia, this short video breaks down the basics. It explains how custody is decided, what judges consider, and how parenting time and support often fit into the bigger picture.
In this video, we cover:
If you have questions about your situation, call (478) 239-2780 or use the form to schedule a confidential consultation.
Many parents search for “full custody,” but “full custody” is not a legal term Georgia courts typically use. Most custody orders are based on physical custody (where the child lives) and legal custody (who makes major decisions), along with a parenting plan that spells out parenting time and responsibilities.
In this video, we explain:
What people usually mean when they say “full custody”
The difference between physical custody and legal custody
How parenting time and visitation fit into custody orders
Why the details of the parenting plan matter
If you’re trying to protect your parenting time or build a schedule that works, call (478) 239-2780 or use the contact form to schedule a consultation.
Child custody in Georgia usually falls into two categories: physical custody and legal custody.
Physical custody refers to where the child lives day to day and what the parenting time schedule looks like. One parent may be the primary physical custodian, while the other parent has parenting time or visitation.
Legal custody refers to decision-making authority for major issues like education, medical care, religion, and extracurricular activities. In many cases, parents share joint legal custody even if the child primarily lives with one parent.
In many cases, parents share joint legal custody even if one parent has primary physical custody.
If you’re unsure what “shared custody” really means or you’re considering a move that could affect parenting time, read legal custody vs physical custody in Georgia.
Georgia courts generally start with the idea that children benefit from a strong relationship with both parents when it is safe and in the child’s best interests. The goal of the court is to create an arrangement that supports the child’s stability, safety, and wellbeing.
In custody cases, the court looks at the facts of your family’s situation and builds a parenting plan around what will best meet your child’s needs. That includes the parenting time schedule and, when needed, limits or safeguards to protect the child.
There are two ways to determine physical custody:
The duty of a judge in a case concerning child custody is to determine what is in the best interests of the child. Judges must consider the the best interests of the child before any physical custody arrangement is approved or ordered by the court.
The judge may consider ANY of the relevant factors listed below when determining the best interests of the child:
When a divorcing couple has minor children, generally one parent is deemed to be the primary physical custodial parent, and the other parent is the deemed to be the non-custodial or secondary custodial parent. The court grants the non-custodial parent visitation rights to ensure the children have access to both parents.
If the other parent is not following the visitation schedule, the court may have options to enforce the order and, in some situations, adjust visitation terms. Read more: Can visitation be modified without a material change in Georgia?
If a divorcing or divorced couple has minor children, the court may require that a Parenting Plan be submitted. A Parenting Plan is required for permanent custody and modification actions, and at the judge’s discretion in temporary hearings. A Parenting Plan must be filed with a final decree in any action involving the custody of a child.
A parenting plan usually covers the weekly schedule, holidays, transportation, and communication between parents.
If you’re asking the court to change custody or parenting time, you generally must show a material change in circumstances and that the change is in the child’s best interests.
Once a showing is made that a material change in circumstances has occurred, the judge will then consider whether the change is in the best interests of the child. Simply filing for child custody modification is not a guarantee the modification will be granted by a judge.
A common question is whether a parent’s overnight guests can support a custody change or a “morals clause.” Read more: Can I modify child custody in Georgia because my ex has overnight guests?
Is “full custody” a legal term in Georgia?
Not usually. Georgia custody orders are typically based on physical custody, legal custody, and a parenting plan that outlines parenting time and responsibilities. What matters most is what arrangement is in the child’s best interests.
What is the difference between physical custody and legal custody?
Physical custody is where the child lives day to day and how parenting time is scheduled. Legal custody is decision-making authority for major issues like school, medical care, and extracurricular activities. Many families share joint legal custody even if the child primarily lives with one parent.
How do Georgia courts decide child custody?
Courts focus on the best interests of the child. Judges may consider factors like the child’s stability, each parent’s involvement, the child’s needs, and whether a parent supports the child’s relationship with the other parent.
What is a parenting plan and when is it required?
A parenting plan is a written plan that sets the schedule and rules for how parents will share time and responsibilities. It typically covers the weekly schedule, holidays, transportation, and communication. Courts often require it in custody cases and divorces involving minor children.
What is a typical visitation schedule in Georgia?
There is no single schedule that fits every family. Many schedules include weekday routines, weekends, holidays, and summer time. The best schedule is one that matches the child’s needs and each parent’s real-life availability.
Can child custody be changed after the final order?
Yes, but you generally must show a material change in circumstances and that the change is in the child’s best interests. A modification is not automatic just because a parent asks for it.
What if the other parent won’t follow the custody or visitation order?
If a parent is not following the order, there may be legal options to enforce it. It helps to document missed exchanges or violations and get guidance before the situation escalates.
Can I get custody if we were never married?
Yes, but the steps can be different depending on paternity and the current legal status. Many cases involve legitimation or establishing parental rights before a long-term custody order is put in place.
Do I have to go to court for a custody case?
Some custody cases resolve through agreement or mediation, while others require court hearings. The path depends on whether parents agree on the schedule and decision-making and whether there are safety concerns or other disputes.
Do grandparents have custody rights in Georgia?
In limited situations, a grandparent may seek custody, but Georgia courts do not allow joint custody between a parent and grandparent. Read more: Can a parent share custody with a grandparent in Georgia?
If you prefer to meet with our Macon child custody lawyers in person, our law office is easy to access right off I-75 and serves clients across Middle Georgia.
Brodie Law Group
Address: 4580 Sheraton Dr, Macon, GA 31210
Phone: (478) 239-2780
Child custody decisions can affect your child’s daily life and your parenting time for years. If you’re dealing with a custody dispute, a modification, or a parenting plan, we can help you understand your options and take the next step.
Call our Macon office at (478) 239-2780 or fill out the contact form to schedule a confidential consultation with a Macon child custody lawyer at Brodie Law Group.
Still have questions about child custody? Below are quick answers to common questions parents ask when they’re dealing with custody, visitation, and parenting plans.
