Settling Child Custody in Georgia: 3 Steps
Family law experts consider settling the best way to resolve a custody dispute. When parents settle, they draft a parenting plan together and file it with the court to make it a final order.
Settling allows parents to stay in control of their family life and often leads to less animosity, faster resolution and significant cost savings.
After parents negotiate a plan successfully (perhaps turning to alternative dispute resolution methods for help), they'll follow the steps below, with minor variations by county.
If you have an attorney, he or she will guide you through the process. If not, you should at least have a legal professional review your paperwork.
Step 1: Draft your parenting plan
Begin by drafting a parenting plan with Georgia's uncontested parenting plan template or the Custody X Change parenting plan template.
You can even combine the two, using Custody X Change to supplement the state's template with personalized provisions.
Include a detailed visitation schedule.
Step 2: Complete your other paperwork
Complete the form listed for your case type below. Sign it, along with your parenting plan, in front of a notary with the other parent.
- Divorce: Settlement Agreement (in the uncontested divorce packet)
- Separation: Separation Agreement (in the legal separation packet)
- Legitimation: Acknowledgment of Service and Consent to Legitimation (in the legitimation packet)
If your county requires parents in custody cases to attend a parenting seminar, attach each parent's certificate of completion.
If you still need to open a case, complete that paperwork, as well. You will not need to serve the other parent.
Step 3: Get the court's approval
Hand in your documents, with two copies of each original, to the court clerk. You may have to pay a filing fee.
The judge must confirm that your plan serves the children's best interests. They are less likely to approve if either parent has a history of crime, violence or substance abuse.
Usually, judges approve settlements without a court appearance. However, if you have a divorce or separation case, you may have to appear within 30 or 45 days of filing the settlement to confirm that you agree to its terms.
Once the judge signs, you can pick up copies of the final order from the court clerk, or you may receive them in the mail. Finally, either parent should complete and file a case disposition form to close the case.
After you've settled
The custody journey continues after you receive final orders. Now your responsibilities include:
- Following your custody schedule closely
- Communicating civilly about co-parenting
- Tracking child-related expenses if your parenting plan calls for splitting them
- Modifying your parenting plan if it becomes necessary
To do all of this and more, use Custody X Change.
The online app's customizable calendars, parent-to-parent messaging, expense tracker and parenting plan template will make life after settlement as straightforward as they made settlement itself.