Georgia Child Custody Lawyers Protecting What Matters Most

Last updated on April 13, 2026

As a parent, you want to protect your children no matter what life throws at them. Unfortunately, protecting your children during and after a divorce can be challenging. At this time, when the best interests of your children and your parental rights are at stake, it is vital to work with an experienced family law attorney.

At The Siemon Law Firm Divorce and Family Law Attorneys, P.C., our skilled custody lawyers counsel and represent divorcing couples throughout Georgia in child custody disputes. We also serve unmarried parents who need to make important decisions regarding custody and parenting time, as well as child support. Our primary goal is to find the solution that works best for you and your children. With offices in the greater metro Atlanta area, our family law firm handles contested and uncontested child custody and divorce cases throughout Northern Georgia. Call 770-215-0947 now to schedule a consultation with one of our family law attorneys.

What Factors Do Georgia Judges Consider In Child Custody Decisions?

In Georgia, child custody and visitation are determined by what the courts rule as “best interests of the child.” This is dependent upon a variety of factors listed under the statute, including:

• The emotional, psychological and developmental needs of the child
• Safety of the child
• Any instances in the past of domestic violence
• The ability of the parents to communicate
• The child’s preference (depending on the age and maturity of the child)
• The geographic proximity of the parents
• The suitability of each parent as the primary custodian
• Which parent has traditionally provided for the child’s primary care during the marriage

Please note that this is not an exclusive list as the court may consider any other factors deemed to affect the best interests of the child. An additional caveat under Georgia law states that once a child reaches the age of 14, he or she has the right to elect which parent to reside with. The child’s decision takes precedence unless it is found that the parent chosen by the child is not in the child’s best interest.

How Does Child Custody Work In Georgia?

Georgia follows principles similar to those found in custody laws nationwide, with the primary focus on serving the best interests of the child. Courts in Georgia encourage arrangements that allow children to maintain meaningful relationships with both parents whenever possible, except in situations where a parent poses a danger to the child.

Child custody in Georgia involves two distinct types of custody:

• Physical custody determines where the children will live on a day-to-day basis. When children reside primarily with one parent, that parent holds physical custody. The living arrangements can be sole or shared between both parents.
• Legal custody involves the authority to make significant decisions about the children’s upbringing, including choices about education, health care, religious instruction and extracurricular activities. Legal custody can be held by one parent or shared jointly.

Georgia recognizes two main custody arrangements:

• Joint custody means children spend substantial time with both parents, though not necessarily equal amounts. The time split can vary significantly. For instance, arrangements where children spend 60% of their time with one parent and 40% with the other still qualify as joint custody. Joint legal custody requires both parents to cooperate in making major decisions affecting their children.
• Sole custody places the children with one parent full-time. The noncustodial parent typically receives visitation rights according to a court-approved schedule. Visitation allows the noncustodial parent to spend time with the children at designated intervals. In cases involving safety concerns, the court may order supervised visitation with oversight from a professional.

These two types of custody operate independently from each other. Parents might share equal legal decision-making authority even when children live primarily with just one parent. The parent providing the daily home does not automatically gain exclusive control over major life choices for the children.

All Georgia parents must submit a parenting plan to the court. This plan details custody responsibilities, specifies time-sharing schedules and establishes procedures for handling disputes between parents. Judges examine these plans carefully before approval to verify they serve the children’s best interests.

What Is the Role Of A Custody Evaluator In Georgia?

A custody evaluator is certified by the state of Georgia to provide a professional opinion to the court as to how qualified or prepared a parent is to raise his or her children alone. They are generally either licensed psychologists or professional social workers.

While a guardian ad litem focuses on determining the best interests of the children, the custody evaluator looks at the attributes of both the mother and the father, and gives an opinion of their capabilities. In some cases, he or she will recommend a psychological evaluation.

The custody evaluator will present his or her opinion to the court. However, it is very important to also have a skilled child custody attorney on your side who can help ensure that the judge fully comprehends your side of the story. Our family law attorneys are aggressive and determined litigators who are not afraid to assert your side and defend your rights in court.

What Is Considered An Unfit Parent In Georgia?

Georgia courts presume that both parents are fit to raise their children unless evidence proves otherwise. A parent may be deemed unfit based on several factors that could endanger the child’s physical, emotional or psychological well-being.

Courts consider a parent unfit when there is evidence of:

• Abuse or neglect: Physical, emotional or sexual abuse of the child, or failure to provide basic necessities like food, shelter, medical care or supervision.
• Substance abuse: Active drug or alcohol addiction that impairs the parent’s ability to care for the child safely.
• Mental health issues: Severe psychological instability that prevents the parent from meeting the child’s needs or creates a dangerous environment.
• Domestic violence: A history of violence in the home that threatens the child’s safety or emotional well-being.
• Abandonment: Extended absence from the child’s life without justification or communication.

When unfitness is alleged, the court may order evaluations to determine the facts. A psychological evaluation conducted by a licensed psychologist assesses whether a parent is mentally and emotionally stable enough to care for their child. Custody evaluators, who are certified professionals such as psychologists or social workers, examine each parent’s capabilities and living situation to provide recommendations to the court.

If the court finds evidence supporting allegations of abuse, neglect or unfitness, it may order supervised visitation at a secure facility. In supervised visitation, the custodial parent drops off and picks up the child while a professional monitors the noncustodial parent’s time with the child. Overnight visits are typically prohibited until the parent demonstrates they can provide a safe environment.

At The Siemon Law Firm Divorce and Family Law Attorneys, P.C., we understand how serious these allegations are for your family. Our attorneys work to protect your parental rights if you face false accusations or advocate for your child’s safety if genuine concerns exist about the other parent’s fitness.

Understanding Georgia Visitation Rights

Many people assume that visitation means that you see your children every other weekend and one night during the week. However, there is no such thing as a typical arrangement. Visitation is about protecting your relationship with your children after a divorce. There is no typical arrangement. You and your spouse can negotiate any arrangement that fits your family and your schedule.

Following a divorce, one parent typically has primary residential custody while the other has visitation according to a schedule. At a minimum, the parent with visitation would have overnight visits on alternating weekends, alternating holidays, and extended periods of time during school breaks and summer vacations, plus one evening/night during the week. However, you and your spouse can negotiate a different arrangement, up to 50-50 joint child custody.

Georgia courts believe it is in the best interests of children to have reasonable and liberal contact with both parents. However, a 50-50 child custody plan probably would not work unless both parents lived in the same school district and have good co-parenting and communication skills.

If the two parties are unable to reach an agreement on a visitation arrangement through negotiation or mediation, the court will decide based on what it perceives to be the best interests of your children. Our lawyers are experienced in presenting the right evidence and arguments to support your visitation goals.

At our law office, our goal is to help you negotiate a child custody and visitation schedule that will make it easier for you and your ex to co-parent your children. We can also assist grandparents when they wish to pursue visitation rights of their grandchildren.

Obtaining A Child Custody Or Visitation Modification

A court order for modification of visitation can be routine or become highly contentious depending on circumstances. If a parent’s work schedule has changed for example, we may be able to negotiate with the other parent to obtain a change in the visitation schedule.

A change in visitation or child custody may require significantly more time and effort if it is contested by the other parent. In such a case you will need an aggressive and hardworking attorney on your side. A lawyer at our firm will be happy to discuss your situation and explain your legal options.

Why Hire Our Atlanta Child Custody Lawyers?

As one of Georgia’s leading family law firms, The Siemon Law Firm Divorce and Family Law Attorneys, P.C., brings resources and depth of knowledge that smaller practices cannot match. Here are a few reasons we stand out: 

• Extensive child custody insight: Our clients benefit from our more than 20 years of experience in the state’s family law courts.
• Accolades for legal excellence: From being selected to the Super Lawyers Rising Stars list for eight consecutive years (2012-2019) to receiving the highest possible “10.0 Superb” rating from Avvo, our lawyers continually receive recognition that underscores their dedication to legal excellence and client success. 
• Depth of resources: We provide a responsive, hands-on approach and comprehensive representation for all types of child custody matters.
• Community commitment:  Our attorneys are leaders in the courtroom and the community, committed to making our neighborhoods a better place. 

Since our founding more than two decades ago, we have remained committed to helping our clients confidently reshape their futures with personalized legal strategies.

From your initial consultation through case conclusion, our legal team is here to help you make informed decisions while prioritizing your children’s best interests and parent-child relationships. We will also protect your safety or defend your reputation when necessary. As lawyers and parents ourselves, we understand how important your children are to you. 

Get The Legal Representation You Need From An Experienced Family Law Attorney

At The Siemon Law Firm Divorce and Family Law Attorneys, P.C., we are not just attorneys, we are also parents. We understand how important your children are, and we are ready to fight for your parental rights. Our divorce lawyers can also assist with other related family law matters, including child support, alimony or spousal support, property division, postnuptial agreements and other legal issues. Call CALL to learn how we can help. For your convenience, we have office locations in Alpharetta, Atlanta, Cumming and Marietta.