Learn More>>Child Custody>>Recent Changes

Family law in general, and child custody and child support law, have and are currently undergoing significant change due to acts passed in the Georgia Legislature.

Beginning on January 1, 2008, all child custody cases will require that each parent prepare a parenting plan or the parties may jointly submit a parenting plan. A parenting plan shall be required for permanent custody and modification actions and in the judge's discretion may be required for temporary hearings. The final decree in any legal action involving the custody of a child, including modification actions, shall incorporate a permanent parenting plan.

 If the parties cannot reach agreement on a permanent parenting plan, each party shall file and serve a proposed parenting plan on or before the date set by the judge. Failure to comply with filing a parenting plan may result in the judge adopting the plan of the opposing party if the judge finds such plan to be in the best interests of the child.

Also, beginning January 1, 2008, it will be expressly allowed for parents in a Georgia child custody dispute to agree to binding arbitration instead of going before the judge. Parents will also be allowed to submit "agreements" to a judge that address the custody of the child(ren). The judge can accept as is, reject, make modifications, or fill in gaps for issues not addressed in the child custody agreement as long as the best interest of the child is adhered to.

With respect to children over the age of 14, their decision on who to live with after January 1, 2008 will be considered less in the decision making process and there will be a move by the Court to evaluate the child custody of such a teenager as a whole paying particular attention to the needs and capabilties of all siblings and parents.