Navigating the custody process in Georgia can feel overwhelming. At Hobson & Hobson, P.C., we leverage over 30 years of combined experience, advanced technology, and a client-centric approach to help you establish custody efficiently and confidently. Here’s what you need to know about how to start a custody case and protect your parental rights.

Understanding the Custody Process in Georgia

The process of how to start a custody case in Georgia is governed by state law and designed to prioritize the best interests of the child. Whether you’re seeking to establish custody for the first time or modify an existing arrangement, understanding the steps to file for custody of a child is essential.

Step 1: Filing the Petition

The first step in how to start a child custody case is filing a petition with the appropriate Superior Court in the county where the child resides. This legal document outlines your request for custody and sets the process in motion. You’ll need to include:

A detailed parenting plan
Financial affidavits
Child support worksheets
Any relevant standing order acknowledgments

Tip: A well-prepared parenting plan can significantly reduce future conflict and demonstrates your commitment to your child’s well-being.

Step 2: Service of Process

Once your petition is filed, the other parent must be formally notified — this is known as the service of process. In Georgia, the responding party typically has 30 days to answer the petition. This step ensures both parties have a fair opportunity to present their case.

Step 3: Discovery and Information Exchange

During discovery, both parties exchange information relevant to the custody case. This may include financial documents, communication records, and any evidence supporting your position. Transparency at this stage is crucial for a smooth process.

Step 4: Mediation and Negotiation

Georgia courts encourage parents to resolve custody disputes amicably through mediation. At Hobson & Hobson, we guide clients through this process, striving for solutions that protect your parental rights while minimizing emotional strain. However, if an agreement cannot be reached, the case proceeds to court.

Step 5: Court Hearings and Final Judgment

If mediation fails, your case will be heard by a judge. The court will consider evidence, hear testimony, and ultimately issue a custody order based on the child’s best interests.

Key Point: The timeline for how to start the process of child custody can vary, often taking several months depending on the complexity of the case and court schedules.

Types of Custody in Georgia

Understanding the different forms of custody is vital when you start the custody process:

Physical Custody: Where the child lives.
Legal Custody: Who makes major decisions for the child.

Both types can be awarded jointly or solely, depending on what the court determines is in the child’s best interest. For more on custody types, see the Georgia Legal Aid Custody Guide.

Factors the Court Considers

Georgia law requires judges to focus on the best interests of the child. Factors include:

The child’s relationship with each parent
Each parent’s ability to provide for the child’s needs
Stability of each parent’s home environment
Any history of family violence or substance abuse

For children aged 11 and older, the court will consider their preference, though it is not the sole deciding factor. Learn more about these factors at the Georgia Department of Human Services.

Recent Updates and Legal Innovations

As of February 2025, Georgia has updated its child custody laws, emphasizing transparency and the child’s best interests. Courts now provide more detailed explanations for custody decisions, helping parents understand the rationale behind rulings.

At Hobson & Hobson, we stay ahead of these changes through ongoing training and by leveraging technology — such as secure client portals and digital document management — to streamline your experience and keep you informed at every step.

Common Mistakes to Avoid

Withholding Visitation for Missed Child Support: In Georgia, visitation and child support are separate legal issues. Withholding visitation can harm your case.
Misunderstanding Legal vs. Physical Custody: Know your rights and responsibilities for each type.
Incomplete Documentation: Missing or inaccurate paperwork can delay your case or negatively impact the outcome.

Professional Advice from Hobson & Hobson

Our attorneys, including managing partners M. Sarah Hobson and Christopher F. Hobson, emphasize the importance of preparation and transparency. As Sarah Hobson notes:

“A well-prepared case and a clear parenting plan not only demonstrate your commitment to your child but also help the court make informed decisions in your favor.”

We recommend consulting with a family law attorney early in the process to avoid pitfalls and ensure your rights are protected.

Frequently Asked Questions (FAQ)

How do I start the process of child custody in Georgia?

Begin by filing a petition for custody in the Superior Court of the county where your child lives. Include a parenting plan, financial affidavit, and child support worksheet.

What documents are required to establish custody?

You’ll need a petition for custody, a detailed parenting plan, financial affidavits, and child support documentation. Additional documents may be required depending on your circumstances.

How long does the custody process take?

Custody cases can take several months, depending on the complexity and whether the case is contested. Mediation can expedite the process if both parties cooperate.

Can my child choose which parent to live with?

Children aged 11 and older may express a preference, but the court makes the final decision based on the child’s best interests.

What if the other parent doesn’t pay child support?

Child support and visitation are separate issues. Do not withhold visitation; instead, seek legal remedies through the court.

Why Choose Hobson & Hobson?

Over 30 years of combined experience in divorce and custody cases
Special litigation training for efficient, effective outcomes
Client-focused approach balancing empathy and aggressive advocacy
Five convenient office locations across Atlanta and surrounding areas
Commitment to innovation with advanced technology for seamless client service

We are dedicated to helping you make the best legal decisions during challenging times. Whether your case is amicable or contentious, our team is prepared to advocate for your interests and your child’s future.

Additional Resources

If you’re ready to take the next step or have questions about how to start a custody case, contact us at Hobson & Hobson, P.C. for a confidential consultation. Our professional, innovative, and client-centric team is here to guide you every step of the way.

Sarah Hobson

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.