Child Custody Agreements in Georgia: Creating a Parenting Plan
When parents divorce or separate in Georgia, one of the most critical steps is establishing a comprehensive child custody agreement, legally referred to as a Parenting Plan. A well-crafted Parenting Plan provides structure and predictability for both the parents and the children, minimizing future conflicts and ensuring the child’s needs are met.
At The Schachter Law Firm, LLC, our experienced Savannah child custody attorneys help parents negotiate, draft, and formalize Parenting Plans that protect their rights and prioritize the best interests of their children.
What is a Parenting Plan?
In Georgia, any court order involving child custody must include a detailed Parenting Plan. This document outlines exactly how the parents will share physical and legal custody of their children. The goal of the Parenting Plan is to foster a continuing and meaningful relationship between the child and both parents, provided it is safe and appropriate to do so.
A Parenting Plan is required whether the parents reach an agreement amicably or the judge makes the final custody determination after a trial.
Key Components of a Georgia Parenting Plan
A legally compliant Parenting Plan in Georgia must address several specific areas to ensure all aspects of the child’s care are covered.
1. Physical Custody and Parenting Time Schedule
The plan must clearly define where the child will reside on a day-to-day basis. It should include a specific schedule detailing when the child will be with each parent. This schedule typically covers:
- Regular Weekday and Weekend Time: The standard rotation of where the child sleeps each night.
- Holidays: A specific rotation for major holidays (e.g., Thanksgiving, Christmas, Hanukkah, Easter, Memorial Day). Parents often alternate holidays year by year.
- School Breaks: How time will be divided during fall, winter, spring, and summer breaks.
- Special Occasions: Arrangements for the child’s birthday, the parents’ birthdays, Mother’s Day, and Father’s Day.
2. Legal Custody and Decision-Making Authority
The Parenting Plan must establish how parents will make major decisions regarding the child’s upbringing. In Georgia, legal custody encompasses four primary areas:
- Education: Decisions regarding schooling, tutoring, and special educational needs.
- Healthcare: Decisions about medical, dental, and psychological care.
- Extracurricular Activities: Decisions about sports, clubs, and other activities.
- Religious Training: Decisions regarding the child’s religious upbringing.
If parents share joint legal custody, the plan must designate one parent as the final decision-maker for each of these four categories in the event the parents cannot reach an agreement.
3. Transportation and Exchanges
To prevent misunderstandings, the plan should specify the logistics of custody exchanges:
- Location: Where the exchange will take place (e.g., a parent’s home, school, a neutral public location).
- Responsibility: Which parent is responsible for providing transportation for the beginning and end of each visitation period.
- Costs: How any significant transportation costs will be shared.
4. Communication Protocols
The Parenting Plan should outline how the parents will communicate with each other regarding the child, as well as how the child will communicate with the non-custodial parent during visitation.
- Parent-to-Parent Communication: Specifying preferred methods (e.g., email, text, a co-parenting app like OurFamilyWizard) and expectations for response times.
- Parent-Child Communication: Establishing reasonable times and methods for phone calls, video chats, or texts when the child is with the other parent.
Negotiating a Parenting Plan
Ideally, parents will work together to create a Parenting Plan that fits their family’s unique dynamics. Reaching an agreement outside of court is generally less stressful, less expensive, and results in a plan that both parents are more likely to follow.
Our attorneys frequently assist clients in negotiating Parenting Plans through:
- Direct Negotiation: Working with the other parent’s attorney to draft a mutually acceptable agreement.
- Mediation: Using a neutral third-party mediator to help facilitate discussions and resolve disputes over custody terms.
If an agreement cannot be reached, each parent will submit their proposed Parenting Plan to the court, and the judge will make the final decision based on the best interests of the child. It is also crucial to understand that just because two parties reach an agreement on a Parenting Plan it is not enforceable until it is adopted by a Judge and made an Order of the Court. This is a common mistake made by parties who think they have an enforceable Parenting Plan or modification of custody, visitation, or child support merely because two parties signed an agreement stating that they have such an agreement and then file it with the Court. Many learn the hard way that such filings are meaningless and do not change anything from the prior Court Order unless that agreement is subsequently adopted by the Judge and made a Court Order in a pending action.
Modifying a Parenting Plan
Life circumstances change, and a Parenting Plan that worked well at the time of the divorce may no longer be suitable years later. In Georgia, a Parenting Plan can be modified if there has been a “material change in circumstances” that affects the child.
Common reasons for seeking a modification include:
- A parent relocating to a different city or state.
- A significant change in a parent’s work schedule.
- Changes in the child’s needs as they grow older.
- Concerns about the child’s safety or well-being in the other parent’s home.
If you need to modify an existing Parenting Plan, our attorneys can guide you through the legal process to seek an updated order from the court.
Contact a Savannah Child Custody Lawyer
Creating a clear and comprehensive Parenting Plan is essential for protecting your relationship with your child and ensuring their future stability. Contact The Schachter Law Firm, LLC today at (912) 233-8883 to schedule a consultation. Our experienced Savannah child custody attorneys will help you draft an agreement that works for your family.
