Creating a custody agreement is one of the most critical steps for parents navigating separation or divorce. This legally binding document outlines how you’ll share parenting responsibilities, ensuring your child’s well-being remains the priority. Below, we break down the process of establishing a custody contract that protects your parental rights and your child’s best interests.
Understanding Custody Agreements
A custody agreement (sometimes called a parental rights agreement or custody contract) is a legal document that defines:
- Physical custody (where the child lives)
- Legal custody (decision-making authority for education, healthcare, etc.)
- Visitation schedules
- Holiday and vacation arrangements
In Georgia, courts prioritize the child’s best interests when approving these arrangements. Even if parents create a private custody agreement without litigation, having it reviewed by a family law attorney ensures it meets state standards.
5 Steps to Establish Custody Arrangements
1. Research Georgia Custody Laws
Georgia recognizes two custody types:
- Legal Custody: Rights to make major decisions for the child.
- Physical Custody: Where the child primarily resides.
Familiarize yourself with Georgia’s custody guidelines to understand how courts evaluate factors like parental stability and the child’s preferences (if age-appropriate).
2. Draft a Proposed Agreement
Include these key elements:
- Weekly visitation schedule
- Holiday and school break rotations
- Transportation responsibilities
- Communication rules (e.g., phone calls)
- Dispute resolution process
Tip: Use templates from reputable sources like FindLaw as a starting point, but customize them to your family’s needs.
3. Negotiate with the Other Parent
Many parents use mediation to set up custody arrangements amicably. A neutral third party helps resolve conflicts, often reducing costs and emotional strain. Hobson & Hobson, P.C. offers mediation services to streamline this process.
4. File with the Court
Even if you’ve created a private custody agreement, filing it with the court provides legal enforceability. In Georgia:
- Submit paperwork to your county’s family court.
- Attend a brief hearing where a judge reviews the terms.
5. Formalize the Order
Once approved, the agreement becomes a court order. Keep a copy accessible and notify your attorney of any life changes (e.g., relocation) that might require modifications.
Types of Custody Arrangements
| Type | Description |
|---|---|
| Joint Physical | Child splits time between both homes equally or near-equally. |
| Sole Physical | Child lives primarily with one parent. |
| Bird’s Nest | Child remains in one home; parents rotate in/out. |
| Split Custody | Siblings live separately with each parent (rarely recommended). |
Legal Requirements in Georgia
- Parenting Plan: Required for all custody agreements. Outline decision-making roles and dispute resolution methods.
- Approval Process: Judges assess factors like parental cooperation and the child’s adjustment to their community.
- Modifications: Requires showing a “substantial change in circumstances” (Nolo explains this in detail).
When to Consult an Attorney
While some parents create custody contracts independently, consult a lawyer if:
- The other parent disputes terms
- There’s a history of domestic violence
- Complex assets or interstate issues exist
Hobson & Hobson, P.C. has 30+ years of experience negotiating and litigating custody agreements, ensuring your parental rights remain protected.
Modifying an Existing Agreement
To modify a custody order in Georgia:
- File a “Petition for Modification” with the court.
- Demonstrate changed circumstances (e.g., job loss, relocation).
- Attend a new hearing.
FAQ: How to Start a Custody Agreement
How do I start a custody agreement in Georgia?
Begin by drafting a proposed parenting plan. If both parents agree, file it with your local family court. For contested cases, consult a family law attorney.
Is a private custody agreement legally binding?
Only if approved by a judge. Unapproved agreements lack enforcement power.
What’s the difference between a custody contract and a court order?
A custody contract becomes legally enforceable once a judge signs it into a court order.
Can grandparents request custody arrangements?
Yes, under Georgia’s grandparents’ rights laws, but they must prove the parents are unfit.
How much does a custody agreement cost?
Uncontested cases: $500–$2,000. Contested cases: $3,000+ depending on litigation complexity.
Need Help? Hobson & Hobson, P.C. provides tailored guidance for how to set up custody arrangements that prioritize your child’s future. Schedule a consultation to discuss your case with our experienced Atlanta family law team.
Attorney Sarah Hobson at Hobson and Hobson, P.C. are powerful advocates for those who fight for better futures for those going through divorce and custody law matters.