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Custody battles are some of the most emotionally charged and legally complex disputes in family law. Whether you’re going through a divorce or seeking to modify an existing custody arrangement, it’s crucial to understand the legal framework that governs custody decisions in Georgia. The state prioritizes the best interest of the child, as outlined in O.C.G.A. § 15-11-26, but what does that really mean? And what if circumstances change after custody has been determined?
This blog will break down:
The best interest factors courts consider in custody cases
Grounds for modifying custody orders
How attorney’s fees are handled in modification cases
A few surprising facts about Georgia custody law
By the end, you’ll understand why having an experienced attorney by your side is the best way to protect your parental rights and your child’s well-being.
What Factors Do Courts Consider in Custody Cases?
When parents can’t agree on custody, the court steps in to make a decision based on the child’s best interest. Under O.C.G.A. § 15-11-26, Georgia courts weigh multiple factors, including:
✅ The child’s needs – This includes emotional ties to each parent, safety, stability, and any special needs.
✅ Each parent’s ability to care for the child – Judges look at factors such as financial stability, mental and physical health, and willingness to foster a relationship between the child and the other parent.
✅ History of family violence, abuse, or neglect – A parent with a history of domestic violence, substance abuse, or neglect may be deemed unfit.
✅ The child’s preference (if over 14) – In Georgia, a child aged 14 or older can choose which parent they want to live with, though the court can override the decision if it is not in the child’s best interest.
✅ Each parent’s involvement in the child’s life – Courts consider which parent has historically handled schoolwork, medical care, extracurricular activities, and daily responsibilities.
✅ The stability of each parent’s home environment – Frequent moves, new relationships, or unsafe conditions may weigh against a parent.
✅ Parental cooperation – If one parent shows a pattern of trying to alienate the child from the other, that may count against them.
Surprising Fact #1: Courts Don’t Favor Mothers Over Fathers
Many people assume mothers have the upper hand in custody cases, but Georgia law does not favor one parent over the other based on gender. Judges are required to assess both parents equally based on the best interest factors.
When Can Custody Be Modified?
Once a custody order is in place, it is not permanent. If a parent wants to modify custody, they must prove that a material change in circumstances has occurred that affects the child’s well-being. Some common reasons for modification include:
➡️ A parent’s relocation – If one parent moves a significant distance away, it could disrupt the child’s school, social life, or relationship with the other parent.
➡️ Danger to the child – If a parent develops a substance abuse problem, engages in criminal activity, or exposes the child to unsafe conditions, a modification may be warranted.
➡️ Changes in the child’s needs – As children grow, their needs change. A child may need to be with the parent who can provide better schooling, medical care, or emotional support.
➡️ The child’s election (if 14 or older) – At 14, a child can choose to live with the other parent, but again, the court must still find that the change is in the child’s best interest.
➡️ Parental interference – If one parent repeatedly violates the custody order, refuses visitation, or engages in parental alienation, the court may modify custody in favor of the other parent.
Surprising Fact #2: You Can’t Modify Custody Just Because You’re Unhappy
A common misconception is that a parent can request a modification simply because they feel the arrangement is unfair. Courts require a substantial change in circumstances—not just dissatisfaction with the original order.
Can You Get Attorney’s Fees in a Custody Modification Case?
Custody litigation is expensive, but in certain situations, Georgia courts may order one parent to pay the other’s attorney’s fees. Under O.C.G.A. § 19-9-3(g), the court has the discretion to award fees in custody cases based on financial disparities between the parties.
➡️ If one parent earns significantly more, the court may order them to cover some or all of the other parent’s legal fees.
➡️ If one parent files a modification request in bad faith (such as using litigation to harass the other parent), they may be required to pay the other’s attorney’s fees.
➡️ In cases involving contempt—where one parent violates an existing custody order—the violating parent may have to pay legal fees.
This is another reason why hiring an experienced attorney is crucial—without legal representation, you might not realize you’re entitled to a fee award.
Why Hiring an Attorney is Critical in Custody Cases
Custody disputes aren’t just legal battles—they shape the future of your child’s life. While self-representation may seem like a cost-saving option, the risks of losing custody or making legal mistakes far outweigh the cost of hiring an attorney.
Here’s why having an attorney is essential:
🔹 Understanding the law – Custody laws are complex, and courts weigh multiple factors. An attorney ensures that the strongest case possible is presented on your behalf.
🔹 Strategic case-building – If modification is needed, an attorney will gather evidence, secure witnesses, and present compelling arguments to prove a material change in circumstances.
🔹 Avoiding legal pitfalls – A small misstep—like not properly filing documents or missing a court deadline—can derail your case.
🔹 Maximizing your chances of success – Whether you’re fighting for custody or seeking a modification, a skilled attorney knows how to frame your case for the best possible outcome.
Final Thoughts
Custody cases are high-stakes litigation—your child’s well-being is on the line. Understanding Georgia’s best interest factors, modification grounds, and attorney’s fee awards is important, but having experienced legal representation is the safest way to protect your rights as a parent.
If you’re facing a custody battle or considering a modification, don’t navigate this alone. Schedule a consultation today. We can guide you through the process and advocate for the best outcome for you and your child.
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