[GA] Can I use a parenting plan to file a petition with the court for joint custody without a hired lawyer?
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In Georgia, it is possible to file a petition for joint custody without a lawyer. Since you and the mother have informally shared custody, it’s important to formalize it through the court so you have enforceable legal rights.
Here are the steps you may follow:
1. Prepare a Parenting Plan:
You've already drafted one—great! It should cover schedules, holidays, decision-making, and dispute resolution.
2. File the Petition:
You need to file a petition for modification of custody in your local family court. Explain that you’re seeking joint legal and physical custody and describe your current arrangement.
3. Submit Required Documents:
Include your parenting plan and any proof of shared custody. Check with your local court for specific form requirements.
4. Court Hearing:
The court will schedule a hearing. You’ll explain why joint custody is in your child’s best interest. The mother will have the chance to respond.
5. Custody Order Enforcement:
If granted, the custody order will be legally binding. This will stop the mother from arbitrarily taking your daughter and ignoring your time with her.
While a lawyer is not required, consulting one can help you ensure everything is filed correctly. If the mother contests the petition, the judge will base their decision on your child’s best interests. (Ga. Code § 15-11-26)
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Can I use a parenting plan as a father and file a petition with the court for joint custody without a hired lawyer?
I understand you’re looking to file a petition for joint custody as a father. Have you and the other parent already agreed on a parenting plan?
Somewhat. We have been sharing custody since my daughter was born, and she is going on 5 now. However, the mother will come and get her anytime she wants—even on holidays we agreed to—and tells me there's nothing I can do about it since we have no legal documents.
Are you familiar with the legal requirements and procedures for filing a petition for joint custody in your state?
No, I am not.
Is there anything else the Family Lawyer should know before I connect you? Rest assured they’ll be able to help with your custody petition.
No.
Hello. My name is Richard and I have been a licensed attorney for over 25 years. I hope to be of assistance.
That being said, what state are you in?
Georgia.
Thanks for letting me know you're in Georgia. Could you tell me a bit more about your current custody arrangement? Have there been any previous legal actions or agreements?
We have no legal documents as of now. The mother and I were together until our daughter was about 1. She's almost 5 now. Since our split, we’ve tried to share equal time week to week. But sometimes, like on holidays, the mother will just come get her or not bring her back and says there’s nothing I can do. I want legal documentation so she can’t just take her when she feels like it during my time.
In Georgia, it is possible to file a petition for joint custody without a lawyer. Since you and the mother have informally shared custody, it’s important to formalize it through the court so you have enforceable legal rights.
Here are the steps you may follow:
1. Prepare a Parenting Plan:
You've already drafted one—great! It should cover schedules, holidays, decision-making, and dispute resolution.
2. File the Petition:
You need to file a petition for modification of custody in your local family court. Explain that you’re seeking joint legal and physical custody and describe your current arrangement.
3. Submit Required Documents:
Include your parenting plan and any proof of shared custody. Check with your local court for specific form requirements.
4. Court Hearing:
The court will schedule a hearing. You’ll explain why joint custody is in your child’s best interest. The mother will have the chance to respond.
5. Custody Order Enforcement:
If granted, the custody order will be legally binding. This will stop the mother from arbitrarily taking your daughter and ignoring your time with her.
While a lawyer is not required, consulting one can help you ensure everything is filed correctly. If the mother contests the petition, the judge will base their decision on your child’s best interests. (Ga. Code § 15-11-26)
I’ve typed up a parenting plan myself with joint custody, including how we split holidays, etc. Do I need that and just a typed letter explaining how we’ve shared custody up to this point? How do I know which court to file with? She lives a county over from me.
It’s great that you've already prepared a parenting plan. You’ll need to file your petition in the Superior Court of the county where your child primarily resides. Since your daughter lives with both of you, it’s typically where she spends most of her time or where the mother resides.
If you're unsure, call the clerk’s office in both counties—they can confirm the proper venue and advise on required forms.
Submit your parenting plan along with a statement detailing the current custody arrangement and any other documents required.
Thanks!
