Marietta And Atlanta Child Custody Attorneys

Last updated on April 25, 2025

When divorce involves a child or children, the issue of child custody and visitation will surface. Custody and visitation will also be an issue in paternity and legitimation cases involving children born to unmarried couples. The determination of custody will have an important impact on the lives of parents and their children and on how decisions will be made regarding the well-being of those children.

If there are disputes regarding child custody in your divorce or other situation, it is critical that you have an experienced advocate on your side to help you protect the people who are most important to you. At the law firm of Bivek Brubaker & Prescott LLC, our Marietta child custody attorneys have the skill and understanding to put children first and to pursue the fair custody and visitation options that our clients deserve.

Contact us to learn more information about your Cobb County child custody needs or child custody in Georgia. Call our office to schedule a 30-minute consultation at 470-663-9404.

Parenting Plan In Georgia

In Georgia, for child custody agreements, the courts require a detailed parenting plan if you are getting a divorce and you and your spouse have minor children (children under the age of 18). Many of the issues regarding child custody are dealt with in parenting plans, which detail specifics of physical and legal custody, including:

• Communication and visitation exchanges
• Child support
• Medical insurance and life insurance
• Special needs of the children
• Complex issues, involving counseling, psychologists and mental health professionals

We have crafted parenting plans in Georgia for military service members and parenting plans for parents residing internationally. We bring decades of experience in helping you craft a parenting plan that will promote effective co-parenting, minimize conflict and prevent future litigation. Let us be your sounding board and advisers to help you craft the best possible parenting plan to govern your child custody dispute in Georgia.

Click here for a blank parenting plan form for Cobb County custody cases.

Click here for a blank parenting plan form for Fulton County custody cases.

Physical Custody Versus Legal Custody

Physical custody is a calendar of where the children will be physically residing during the weekdays, weekends and holidays. The parenting plan can be as detailed as the parents want it, but the court will want, at the very least, a basic understanding of what the anticipated schedule is going to be for the children. The parties are welcome to deviate from the schedule if they both agree, but once filed with the court and agreed upon by the parties, the schedule must be upheld unless the parents both agree.

Legal custody has to do with which parent will have the final decision-making authority on issues related to the children’s education, health care, extra-curricular activities and religion. Most divorced couples share joint legal custody, which requires the parties to cooperate and make decisions jointly. However, in the event the parents are unable to agree on a major decision, then effective parenting plans designate a final decision maker so as to avoid problems in the future. The parents can choose to split final decision-making authority and each pick two categories, or one parent can take all of the categories, or the parents can split the categories with three going to one parent and one going to the other. Each parenting plan is different and should be well thought out prior to drafting and executing. The Georgia child custody attorneys at Bivek Brubaker & Prescott LLC can help advise you on the drafting or modification of a parenting plan. We have creative ideas for parenting plans that work for all types of families, from the extremely contentious to the extremely amicable. We can help craft parenting plans for parents who live close together and also for parents who reside far apart.

Georgia Child Custody Laws

Pursuant to O.C.G.A. 19-9-3, a judge may consider certain factors in determining what’s in the best interests of the child and what will best promote the child’s welfare and happiness in determining what the custodial arrangement in a Georgia divorce should be. The factors include:

•  The love, affection, bonding and emotional ties existing between each parent and the child.
•  The love, affection, bonding and emotional ties existing between the child and his or her siblings, half siblings, and stepsiblings, and the residence of such other children.
•  The capacity and disposition of each parent to give the child love, affection, and guidance and to continue the education and rearing of the child.
•  Each parent’s knowledge and familiarity with the child and the child’s needs.
•  The capacity and disposition of each parent to provide the child with food, clothing, medical care, day-to-day needs and other necessary basic care, with consideration made for the potential payment of child support by the other parent.
• The home environment of each parent is considered, considering the promotion of nurturance and safety of the child rather than superficial or material factors.
• The importance of continuity in the child’s life and the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
• The stability of the family unit of each of the parents and the presence or absence of each parent’s support systems within the community to benefit the child.
• The mental and physical health of each parent.
• Each parent’s involvement, or lack thereof, in the child’s educational, social and extracurricular activities.
• Each parent’s employment schedule and the related flexibility or limitations, if any, of a parent to care for the child.
• The home, school and community record and history of the child, as well as any health or educational special needs of the child.
• Each parent’s past performance and relative abilities for future performance of parenting responsibilities.
• The willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent, consistent with the best interests of the child.
• Any recommendation by a court-appointed custody evaluator or guardian ad litem.
• Any evidence of family violence or sexual, mental, or physical child abuse or criminal history of either parent.
• Any evidence of substance abuse by either parent.

Guardian Ad Litem And Modifications Of Child Custody

In some cases involving child custody, a guardian ad litem is often appointed – someone who acts as a neutral party looking out for the best interests of the children. While we often represent parents in custody cases, our attorneys are also trained as guardian ad litem. Our attorneys will help you understand the role of the guardian ad litem in custody cases.

When lifestyle changes happen after a divorce decree or parenting plan has been created, a modification of custody might be necessary. We can help you seek a modification – or dispute a modification if your ex-spouse is attempting to change the decree or plan without proper justification – and will defend your rights throughout the process.

Atlanta Child Custody Attorneys

Your children are the most important thing in your life. Let us help you protect their future and your rights through the legal process. Our Atlanta and Cobb County child custody lawyers are experienced and knowledgeable. Contact us to schedule a 30-minute consultation at our office in Marietta. Call toll-free at 470-663-9404 to make an appointment with our Georgia child custody lawyers.