Attorney Ned Ogueri
Georgia Child Custody Lawyer
Custody decisions shape a child’s daily life, schooling and relationship with each parent. As a Georgia child custody lawyer based in Norcross, Attorney Ned Ogueri represents parents in Gwinnett County and across metro Atlanta in custody matters, including initial custody in a divorce or legitimation case, parenting plans and requests to modify an existing order.
At what age can a child choose which parent to live with in Georgia?
At 14. Under O.C.G.A. § 19-9-3, a child who is 14 or older may choose the parent he or she wants to live with, and that choice is presumptive unless the judge finds the chosen parent is not in the child’s best interests. For children 11 to 13, the judge considers the child’s wishes, but they are not controlling.
Does Georgia favor mothers in custody cases?
No. Georgia law states there is no presumption in favor of either parent. The judge decides custody based on the child’s best interests, considering factors such as each parent’s bond with the child, stability, involvement in school and activities, and any evidence of family violence.
How Georgia courts decide custody
Georgia judges decide custody based on the best interests of the child. The custody statute, O.C.G.A. § 19-9-3, states that there is no presumption in favor of either parent or in favor of any particular form of custody. The court may consider factors such as each parent’s bond with the child, ability to provide guidance and a stable home, involvement in the child’s education and activities, each parent’s physical and mental health, and any evidence of family violence.
Legal custody and physical custody
Legal custody concerns major decisions about the child, such as education, health care, extracurricular activities and religious upbringing. Physical custody concerns where the child lives and the parenting-time schedule. Parents may share joint legal custody without equal parenting time, and a court may assign final authority over particular decisions to one parent.
Parenting plans
In Georgia custody cases, the court requires a parenting plan that addresses the child’s schedule, holidays, decision-making, transportation and communication between parents. Parents may agree on a plan, but the court must review and approve it. When parents cannot agree, the judge decides.
What a child’s preference means
Under O.C.G.A. § 19-9-3, a child who has reached age 14 may select the parent with whom he or she wishes to live, and that selection is presumptive unless the chosen parent is found not to be in the child’s best interests. For a child between 11 and 13, the judge considers the child’s desires and educational needs, but those desires are not controlling.
Changing an existing custody order
A change in custody generally requires a material change in circumstances affecting the child’s welfare and a finding that the change serves the child’s best interests. Georgia law also allows certain parenting-time modifications without showing a material change, subject to a limit on how often that procedure may be used. Timing and the wording of the existing order matter, so review the order before filing.
What to bring to a consultation
- Any existing custody, support or parenting-plan orders
- The child’s school calendar and current schedule
- Relevant messages between parents about scheduling or decisions
- Any protective orders or police reports involving the family
Related guides: how Georgia child support is calculated | legitimation for unmarried fathers.
Learn more about Gwinnett County divorce and family law lawyer, or call (770) 840-9098 to request a consultation with Attorney Ned Ogueri.
This page provides general information about Georgia law. It is not legal advice for your situation, and contacting the office does not create an attorney-client relationship.