Child Custody & Parenting Plans
Custody questions usually start because something important feels unsettled. You may be trying to protect time with your children, sort out a parenting schedule, or deal with a plan that no longer works.
Child Custody In Georgia
In custody disputes between parents, Georgia courts decide custody based on the child’s best interests.
Legal custody concerns authority over major decisions about a child’s upbringing. Physical custody concerns where the child lives and the parenting-time arrangements.
Custody questions can arise during divorce, in legitimation proceedings involving unmarried parents, or when a parent seeks to modify an existing custody order.
- Georgia generally requires a parenting plan in permanent custody and custody-modification cases. Parents may submit a joint plan; if they cannot agree, each must submit a proposed plan as directed by the court.
- The plan addresses parenting schedules, holidays, transportation, and major decision-making. It also addresses any limits on contact between the child and one parent during the other parent’s time.
Parenting Plans In Georgia
How It Usually Works
Review the Current ArrangementStart with the child’s living arrangements, each parent’s caregiving role, and any existing custody order. Identify what is working and where concerns need closer attention.
Identify the Child’s NeedsConsider school routines, health needs, each parent’s work schedule, and the importance of stability. These are among the factors relevant to the child’s best interests.
Develop a Proposed PlanBuild a parenting plan proposal that addresses regular schedules, holidays, transportation, and major decisions. The proposal should explain how the arrangements would work in the child’s daily life.
Explore an AgreementParents may work toward a joint parenting plan. If they cannot agree, each submits a proposed plan for the court to consider under Georgia’s parenting plan requirements.
Present Unresolved IssuesWhen disputes require a hearing, the judge considers relevant evidence about the child and family. Custody decisions between parents are based on the child’s best interests.
Put the Plan into EffectThe final custody order incorporates a parenting plan addressing parenting time, decision-making, and other practical arrangements. That court-ordered plan provides the framework for the parents to follow.
Where It Gets Complicated
A parenting plan needs to address more than dates and times. It should also explain decision-making, practical responsibilities, and how disagreements will be handled.
Making the Schedule PracticalSchool routines, activities, work schedules, and travel between homes deserve attention when developing parenting arrangements. Consider how exchanges and transportation will work in everyday life.
Clarifying Major DecisionsEducation, non-emergency health care, religion, and extracurricular activities can raise separate questions. The plan should identify who has decision-making authority and how disagreements over joint decisions will be resolved.
Following the Existing OrderWhen concerns arise about exchanges, parenting time, or major decisions, review the order’s actual terms. Distinguish between arrangements the parents may vary by agreement and obligations that remain binding.
Responding to Changing NeedsChildren’s needs and routines change as they grow. Those changes may call for reviewing the arrangements, but a private agreement does not itself modify the court’s custody order.
The goal is a plan parents can understand and follow, with clear expectations,
for everyday routines and important decisions.
Common Questions
What Does A Parenting Plan Usually Cover?
A parenting plan sets out the regular parenting schedule, holidays, vacations, transportation, and exchanges. It also addresses major decisions about education, health care, extracurricular activities, and religious upbringing, including how disagreements will be resolved. Communication arrangements help clarify contact while the child is with the other parent.
Can A Custody Order Be Changed Later?
Yes, but a change is not automatic. Changing custody generally requires a material change in circumstances affecting the child and a determination that the proposed change serves the child’s best interests. Requests to adjust parenting time can follow different rules, so the requirements depend on what you want changed.
What If The Other Parent Is Not Following The Plan?
Start by reviewing the order’s exact terms and keeping records of missed exchanges, denied parenting time, or other alleged violations. An attorney can assess whether the issue calls for clarification, enforcement, or a separate request to change the order. Contempt proceedings may be available to enforce an existing order, but an allegation alone does not establish a violation.
For questions about changing an existing order or addressing noncompliance, explore Modifications & Contempt / Enforcement. For a broader overview of the divorce process, visit the Divorce page.
Learn More
Speak With Natalie Rowland
Natalie Rowland has practiced law since 2008. If you have questions about parenting schedules, major decisions, or an existing custody arrangement, request a consultation to discuss your concerns and next steps.