Child custody guidance for Kennesaw families.
Between longtime northwest Cobb families and a young university community around KSU, Kennesaw custody cases span every kind of household. Whatever yours looks like, we help you protect your relationship with your children.
Daniels & Taylor serves Kennesaw families from our office in Lawrenceville.
What most people pay for a consultation to learn
Georgia courts decide custody by one standard: the best interest of the child (O.C.G.A. 19-9-3(a)). There is no presumption in favor of the mother. Georgia long ago abolished the old tender-years rule, so a father and a mother start on equal footing (O.C.G.A. 19-9-3(a)(1)).
Custody has two parts: legal custody, the right to make major decisions about education, health, religion, and activities, and physical custody, where the child lives day to day. A child who is at least fourteen has the right to select the parent he or she wants to live with, and the court will honor that choice unless living with that parent is not in the child’s best interest; for a child between eleven and fourteen the judge considers the child’s wishes but is not bound by them (O.C.G.A. 19-9-3(a)(5), (6)).
How a Georgia child-custody case works
Custody is decided as part of a divorce, a legitimation, or a stand-alone custody action, and Georgia requires a written parenting plan that sets out legal custody, physical custody, and a parenting-time schedule in every case that decides custody (O.C.G.A. 19-9-1). The judge weighs the best-interest factors the statute lists, such as each parent’s bond with the child, each home, and each parent’s ability to care for the child (O.C.G.A. 19-9-3(a)(3)).
Once custody is set, changing it is not automatic. To modify custody you must show a material change in circumstances that affects the child’s welfare, and then that the new arrangement serves the child’s best interest (Scott v. Scott, 276 Ga. 372 (2003)). We can handle the parenting plan, the hearing, and a modification when circumstances have genuinely changed.
In Georgia, a custody order generally can be modified when there has been a new and material change in circumstances affecting the child’s welfare (O.C.G.A. 19-9-3), so a parent in Kennesaw seeking a different arrangement typically pursues a modification.
In Georgia, a violated custody or parenting-time order is generally enforced through a contempt action rather than self-help (O.C.G.A. 19-9-23(b)), so a parent in Kennesaw facing a violation typically files for contempt.
In Georgia, a father of a child born to unmarried parents generally must legitimate the child before he can pursue a custody claim (O.C.G.A. 19-7-22), so for a father in Kennesaw, legitimation is typically the required first step.
Common questions about child custody in Kennesaw
Do you help fathers seeking equal time?
Yes, we represent moms and dads and fight for the parenting role you want.
How soon should I call a custody lawyer?
Early, getting advice before things escalate protects your options.
Where is a custody case filed?
An initial child custody case is generally filed in the county where the other parent lives; when custody is decided as part of a divorce, it is filed in the county where the responding spouse lives (O.C.G.A. 19-5-2; Ga. Const. Art. VI, Sec. II, Par. VI). Because the right county depends on where the other party resides, we can confirm it before you file.
Let’s safeguard your time with your kids. Call (770) 285-1673 for a free case evaluation.
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