Child Custody & Modification

Our Alpharetta Child Custody Attorneys Protect Your Parental Rights

When it comes to child custody, your rights as a parent and the well-being of your child are on the line. The process is emotional, complex, and can shape your family’s future for years to come. At Hastings Shadmehry, our Alpharetta Child Custody Attorneys fight relentlessly to protect your parental rights and secure a custody arrangement that serves the best interests of your child. Whether you’re negotiating a custody agreement or preparing for a courtroom battle, we provide the strategic legal advocacy you need to safeguard your relationship with your child.

Types of Child Custody in Georgia

Understanding the different types of custody is essential to navigating this process with confidence. Georgia law recognizes two primary forms of custody: physical custody and legal custody, both of which can be sole or joint.

Physical Custody

Physical custody determines where the child lives and which parent handles their daily care. The parent with physical custody provides housing, meals, and a structured routine. Custody arrangements can take different forms:

  • Sole Physical Custody – The child resides primarily with one parent, while the other may receive visitation rights.
  • Joint Physical Custody – The child spends significant time with both parents, ensuring they maintain a meaningful relationship with each.

For example, a child may live with one parent during the school week and stay with the other on weekends. The goal is to create a stable, nurturing environment that prioritizes the child’s well-being. A skilled Alpharetta child custody lawyer can help you negotiate or fight for a custody arrangement that best serves your family.

Legal Custody

Legal custody grants a parent the authority to make long-term decisions regarding the child’s welfare, including:

  • Medical Care – Choosing doctors, medical treatments, and vaccinations.
  • Education – Deciding between public or private schools and selecting academic programs.
  • Religious Upbringing – Determining involvement in religious practices and education.
  • Extracurricular Activities – Approving participation in sports, music, or other programs.

Legal custody can be sole or joint, meaning one parent may have full decision-making power, or both parents may share these responsibilities. Even if one parent has primary physical custody, the other may still have a legal say in these critical areas.

At Hastings Shadmehry, we fight to ensure your voice is heard in these key decisions so you remain actively involved in your child’s future.

How Georgia Courts Determine Child Custody

If parents cannot reach a custody agreement, the court will decide based on the best interests of the child. Judges evaluate numerous factors, including:

  • Parental Fitness – Each parent’s ability to provide care, stability, and emotional support.
  • Child’s Needs – Consideration of the child’s physical, emotional, and educational needs.
  • Parental Cooperation – The ability of each parent to communicate and work together.
  • Parental History – Which parent has historically provided care for the child.
  • Child’s Preferences – Depending on their age and maturity, the child’s wishes may be considered.
  • Safety and Stability – Ensuring the child’s environment is free from danger or domestic violence.
  • Existing Agreements – Any prior custody arrangements agreed upon by the parents.

Because custody decisions are highly discretionary, having a strong, experienced child custody lawyer in Alpharetta is crucial. We build compelling arguments to demonstrate your ability to provide the best possible home for your child and counter any attempts to diminish your parental rights.

Parenting Time & Custody Schedules

A critical component of any custody arrangement is parenting time (also called visitation). Courts establish a structured schedule that ensures children maintain strong relationships with both parents. Key aspects include:

Court-Ordered Parenting Plans – A legally binding schedule dictating when each parent has time with the child.

Best Interests of the Child – The custody schedule must prioritize the child’s emotional and physical well-being.

Flexibility & Adjustments – While structured, parenting plans can be modified if circumstances change.

Legal Enforcement – If a parent denies or interferes with visitation, the court can intervene to enforce the schedule.

Violating a court-ordered parenting plan can have serious legal consequences. If your co-parent is not honoring the agreement, our team at Hastings Shadmehry will take swift legal action to protect your rights.

Child Custody Modification in Georgia

While courts enforce existing custody orders, circumstances sometimes change, requiring modifications to ensure the arrangement continues to serve the child’s best interests. In Georgia, a parent can request a custody modification if they can demonstrate a significant change in circumstances that affects the child’s well-being.

Common reasons for modifying a custody order include:

  • Parental Relocation – If a parent moves a considerable distance, the existing custody schedule may no longer be practical.
  • Changes in the Child’s Needs – As children grow, their educational, medical, or emotional needs may evolve.
  • Parental Fitness Concerns – If concerns arise about a parent’s ability to provide a safe and stable environment—such as issues with substance abuse, neglect, or other risk factors—modifying custody may be necessary to protect the child.
  • Violation of the Custody Agreement – Repeated failure to adhere to the existing order may warrant modification.

At Hastings Shadmehry, we help parents navigate the legal complexities of custody modification, whether you need to adjust parenting time, change decision-making authority, or challenge an unfair request. If you believe your custody arrangement should be modified, our Alpharetta child custody lawyers are ready to fight for the best outcome for you and your child.

Why Choose Hastings Shadmehry’s Child Custody Attorneys for Your Case?

Child custody battles are not just legal disputes. They determine who will shape your child’s future. At Hastings Shadmehry, we don’t just represent clients; we protect parents and children with aggressive, strategic legal action.

No matter where you are in the custody process, whether seeking an initial order, requesting modifications, or ensuring compliance, our Alpharetta child custody attorneys are here to fight for your parental rights.

Your relationship with your child is too important to leave to chance. Contact Hastings Shadmehry today at 770-641-8200 to schedule a consultation. Let us fight for you, and for your child’s future.

Georgia Child Custody FAQ

  • How are my custody rights affected if I am not married to my child's mother?

    If you are not married to the mother of your child, you must legitimate the child to gain legal rights. Under Georgia law, an unmarried father does not automatically have custody or visitation rights. Without legitimating the child, the father has no legal standing to request custody or visitation, even if he is actively involved in the child’s life. Once the child is legitimated, the father can pursue a custody arrangement or visitation schedule that ensures his involvement in the child’s upbringing. The legitimization process is crucial for unmarried fathers to establish their parental rights.

  • What is the most common joint custody plan?

    Typically, in joint custody arrangements, both parents share legal custody, meaning they must collaborate on important decisions affecting the child’s life, such as healthcare, education, and extracurricular activities. However, in many cases, one parent is granted primary physical custody, meaning the child spends the majority of their time living with that parent, while the other parent has a visitation schedule. This can include weekends, holidays, or extended summer stays. It’s important to note that every custody plan is tailored to the specific needs of the child and the parents, and there is no “one size fits all” arrangement. The courts always prioritize the child’s best interest.

  • Can you modify child custody in Georgia?

    Yes, a child custody order can be modified if there has been a significant change in circumstances that impacts the welfare of the child. For example, if one parent experiences a substantial change in income, relocation, or if the child’s needs evolve (e.g., educational or medical requirements), either parent can petition the court to reevaluate the custody arrangement. Keep in mind that the court will only grant modifications if it determines that the changes will benefit the child’s well-being.

  • If I am the legal custodian, do I need permission to move out of state with my child?

    Yes, if you are the legal custodian and plan to move out of state with your child, you must first obtain permission from the court or receive written consent from the non-custodial parent. This is because an out-of-state move can significantly impact the child’s relationship with the non-custodial parent, as well as existing visitation arrangements. Failing to secure proper authorization before relocating can result in legal consequences and even a potential modification of custody if the court deems the move detrimental to the child’s best interest.

  • How does Georgia decide which parent gets custody?

    In Georgia, the court’s primary concern is the best interest of the child. Several factors are taken into account, such as the child’s relationship with each parent, each parent’s ability to provide a stable home environment, the child’s preferences (if they are old enough to express one), and any history of domestic violence or substance abuse. The court will evaluate both legal and physical custody and may award joint or sole custody based on what arrangement will best support the child’s physical and emotional well-being.

  • What is the difference between sole custody and joint custody?

    Sole custody means that one parent has both physical and legal custody, giving them the primary responsibility for the child’s day-to-day care and the authority to make all major decisions about the child’s life. Joint custody, on the other hand, can mean sharing both physical and legal custody, or just one of the two. In a joint legal custody arrangement, both parents have a say in major decisions, while joint physical custody typically involves the child spending time living with both parents.

  • Can a child choose which parent they live with?

    In Georgia, a child who is 14 years old or older has the right to express a preference for which parent they want to live with, and the court will take this preference into account when making a custody decision. However, the child’s choice is not the final determining factor. The court will still evaluate whether the child’s preference aligns with their best interest and may choose differently if the preferred arrangement is not deemed beneficial for the child’s welfare.

  • What happens if the other parent refuses to follow the custody order?

    If a parent is not complying with the terms of a custody order, the other parent can file a contempt action with the court. This legal action requests that the court enforce the custody arrangement and hold the non-complying parent accountable. The court may impose fines, modify visitation schedules, or, in extreme cases, change the custody arrangement if the violations are severe and ongoing.

  • What rights does a non-custodial parent have?

    A non-custodial parent still retains rights, particularly if they share legal custody with the custodial parent. This includes the right to be involved in decisions about the child’s education, medical care, and extracurricular activities. They also have the right to maintain a meaningful relationship with their child through a court-ordered visitation schedule. If a non-custodial parent feels that their rights are being violated or their visitation is being unjustly restricted, they can request court intervention to address the issue.

  • Does child support affect custody?

    While child support and custody are two separate legal matters, failing to pay child support does not directly affect custody rights. A parent cannot be denied custody or visitation solely because they are behind on child support payments. However, the parent owed support can take legal action to recover unpaid amounts, including wage garnishment or other enforcement methods. Likewise, withholding visitation is not an acceptable response to missed support payments, as it is against the law to restrict a parent’s access to their child in retaliation for unpaid support.