Frequently Asked Questions
Plain-English answers to the questions people most often search when facing family court in metro Atlanta. Remember: these are general explanations of Georgia practice, not legal advice about your case.
What happens at a supervised visit?
A neutral supervisor is present for the whole visit. Parents usually arrive and leave at staggered times so they never meet. The visit follows program rules — typically no discussing the court case, no negative talk about the other parent, no unapproved guests — and beyond that, it looks like ordinary parenting time: playing, reading, homework, a meal. Professional supervisors write an observation report for each visit. Full details are in our supervised visitation explainer.
Who pays for supervised visitation in Georgia?
Whatever the order says. In many metro Atlanta cases the parent whose time is being supervised pays the provider's fees, but judges can split costs or assign them based on income. Nonprofit visitation programs sometimes offer sliding-scale fees. If the cost genuinely prevents visits from happening, either party can ask the court to revisit the allocation — courts do not want cost to sever a parent-child relationship. Get every provider's fee schedule in writing (see our provider guide) and keep receipts.
How long does supervised visitation last?
Until the court changes it. Supervision is usually a step, not a destination: complete the conditions in the order (classes, treatment, testing), build a record of consistent, positive visits, then ask the court — by consent or motion — to move to unsupervised time, often gradually. There is no automatic expiration; a parent who never goes back to court stays supervised indefinitely.
Can I file for custody in Atlanta without a lawyer?
Yes, and many people do. You file in the superior court of the county where the defendant lives — see our guides for Fulton, DeKalb, Cobb, and Gwinnett. You will need Georgia's standard forms, including a proposed parenting plan and a child support worksheet, and you must serve the other party properly. Free and low-cost help is available; start with our legal aid & self-help guide.
What is the difference between legal and physical custody?
Legal custody is decision-making authority over major areas of the child's life — education, non-emergency health care, religion, and extracurricular activities. Georgia courts commonly award joint legal custody while designating one parent as final decision-maker for each area if the parents disagree. Physical custody is where the child actually lives, spelled out in the parenting plan's schedule. A parent can share joint legal custody while having limited — even supervised — parenting time.
What does a guardian ad litem do?
A guardian ad litem (GAL) — usually an attorney trained for the role — is appointed by the judge in contested custody cases to investigate and report on the child's best interests. GALs interview parents and children, contact teachers and doctors, visit homes, and make recommendations the judge weighs heavily (though the judge is not bound by them). The parties typically share GAL fees as the court directs. Treat the GAL professionally: cooperate, be honest, and never coach the child.
At what age can a child choose which parent to live with in Georgia?
At age 14, a child's election of which parent to live with is presumptive — the judge follows it unless it is found not in the child's best interests. Between 11 and 13, the judge must consider the child's preference but has complete discretion. Below 11, there is no formal election, though a GAL may still relay the child's perspective. The judge always has the final word.
What happens if the other parent violates our custody order?
Document each violation (dates, messages, witnesses), then consider a contempt action in the court that issued the order. Judges can award make-up time, fines, attorney's fees, and — for willful, repeated violations — jail time or modification of the arrangement. Police generally treat schedule disputes as civil matters, though keeping a child in violation of an order can become criminal interference with custody in serious cases; see our police & emergency resources for when law enforcement can help.
Do I have to take a parenting class before my divorce is final?
If you have minor children and your case is in Fulton, DeKalb, Cobb, or Gwinnett, almost certainly yes — each county generally requires an approved parenting seminar before the final order. Take it early and file your certificate. Details, costs, and what the classes cover are in our co-parenting resources guide.
Is a temporary protective order the same as a custody order?
No, but a family violence TPO can include temporary custody, visitation, and support provisions while it is in effect. Those provisions are temporary and safety-driven; lasting custody arrangements are set in a divorce, custody, or legitimation case. TPO basics — including the ex parte process and the hearing that follows — are covered in our family violence resources.