How to File for Child Custody in Georgia
Work on a parenting plan., Talk to a mediator., Fill out a "Parenting Plan" form., Ask a courthouse facilitator to review your forms., File the forms with your local court.
Step-by-Step Guide
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Step 1: Work on a parenting plan.
When a couple has children, custody is a major issue during a divorce or separation.
If both spouses can agree to a parenting plan, you can avoid having to have a hearing or trial to get a parenting plan from the judge.
Discuss potential plans with the other parent and try to come up with a fair way to divide the child's time between both of your homes.
Be sure to account for your work schedules and the child's school schedule.
For instance, if you cannot be at home when the child is home from school, consider letting the other parent have parenting time during those hours.
Decide who will get physical custody.
The child resides mainly with the parent who has physical custody.
The other parent gets visitation rights, and can visit the child or have the child visit him or her for parenting time at home.
Decide who will get legal custody.
A parent with legal custody has the right to make decisions about the child's education, healthcare, and religious upbringing.
Both parents can share legal custody, even when one parent has physical custody. -
Step 2: Talk to a mediator.
If you have any trouble reaching an agreement, you might want to try talking with a third party who can help you both make the best decision.
Your county may have a court-sponsored mediation or alternative dispute resolution program.Ask the clerk how you can schedule a mediation appointment. , You can find blank Parenting Plan forms online at the court's website at http://www.southernjudicialcircuit.com/selfhelp/parentingplan/contestedplan.pdf.
Write in the parenting agreement between you and the other parent.
The form requires you to enter in your work hours, day care plans, medical conditions of the child, etc.
You can also request supervised visitation if you have safety concerns about leaving the child unsupervised with the other parent.
If you and the other parent cannot come to an agreement, you will have to ask the judge to resolve the dispute at a trial or hearing.
The judge hear argument from both sides and will try to make a decision that is in the best interests of the child., Before anything is signed, have your forms reviewed by a courthouse facilitator.
Your county may have a courthouse facilitator on staff who can help you find the right forms and review them for you before you file them..
Courthouse facilitators do not represent clients or give legal advice, but they can still answer questions and provide document review. , Make copies of your forms and take them to the court clerk.
The clerk will stamp the original and the copies as "filed" and keep the original document.
The judge will review the agreement and sign the Order section at the bottom of the form as long as there are no problems with the plan you have laid out.
Once the judge signs the form, the agreement becomes a court order, and both parents are required to follow the it.
File your parenting plan along with your other divorce or separation forms.
The filing fee for a divorce in Georgia is approximately $221.00.If you cannot afford to pay the fee, ask the clerk how you can file an application for a fee waiver. -
Step 3: Fill out a "Parenting Plan" form.
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Step 4: Ask a courthouse facilitator to review your forms.
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Step 5: File the forms with your local court.
Detailed Guide
When a couple has children, custody is a major issue during a divorce or separation.
If both spouses can agree to a parenting plan, you can avoid having to have a hearing or trial to get a parenting plan from the judge.
Discuss potential plans with the other parent and try to come up with a fair way to divide the child's time between both of your homes.
Be sure to account for your work schedules and the child's school schedule.
For instance, if you cannot be at home when the child is home from school, consider letting the other parent have parenting time during those hours.
Decide who will get physical custody.
The child resides mainly with the parent who has physical custody.
The other parent gets visitation rights, and can visit the child or have the child visit him or her for parenting time at home.
Decide who will get legal custody.
A parent with legal custody has the right to make decisions about the child's education, healthcare, and religious upbringing.
Both parents can share legal custody, even when one parent has physical custody.
If you have any trouble reaching an agreement, you might want to try talking with a third party who can help you both make the best decision.
Your county may have a court-sponsored mediation or alternative dispute resolution program.Ask the clerk how you can schedule a mediation appointment. , You can find blank Parenting Plan forms online at the court's website at http://www.southernjudicialcircuit.com/selfhelp/parentingplan/contestedplan.pdf.
Write in the parenting agreement between you and the other parent.
The form requires you to enter in your work hours, day care plans, medical conditions of the child, etc.
You can also request supervised visitation if you have safety concerns about leaving the child unsupervised with the other parent.
If you and the other parent cannot come to an agreement, you will have to ask the judge to resolve the dispute at a trial or hearing.
The judge hear argument from both sides and will try to make a decision that is in the best interests of the child., Before anything is signed, have your forms reviewed by a courthouse facilitator.
Your county may have a courthouse facilitator on staff who can help you find the right forms and review them for you before you file them..
Courthouse facilitators do not represent clients or give legal advice, but they can still answer questions and provide document review. , Make copies of your forms and take them to the court clerk.
The clerk will stamp the original and the copies as "filed" and keep the original document.
The judge will review the agreement and sign the Order section at the bottom of the form as long as there are no problems with the plan you have laid out.
Once the judge signs the form, the agreement becomes a court order, and both parents are required to follow the it.
File your parenting plan along with your other divorce or separation forms.
The filing fee for a divorce in Georgia is approximately $221.00.If you cannot afford to pay the fee, ask the clerk how you can file an application for a fee waiver.
About the Author
Walter Roberts
Walter Roberts has dedicated 11 years to mastering education and learning. As a content creator, Walter focuses on providing actionable tips and step-by-step guides.
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