Child Custody Attorneys in Watkinsville, GA
Boggs, Cowan, & Fargione represents parents in Oconee County and statewide.
Awards & Recognition
Representing Parents in Custody Disputes and Parenting Matters Throughout Georgia
Child custody disputes are among the most emotionally charged legal matters a parent can face. Whether you are going through a divorce, separating from a co-parent, or seeking to modify an existing arrangement, the outcome directly affects your relationship with your child and your child's daily life. Boggs, Cowan, & Fargione represents parents in Watkinsville, Oconee County, and throughout Georgia in custody proceedings, parenting plan negotiations, and modification matters with preparation and focus on what matters most: the well-being of the children involved.
How Georgia Determines Child Custody
Georgia law requires courts to make custody decisions based on the best interests of the child. O.C.G.A. § 19-9-3 sets out the standard and the factors courts consider. There is no automatic preference for one parent over the other based on gender. Courts evaluate the full picture of each parent's relationship with the child and each parent's ability to meet the child's needs.
Factors the Court May Consider
When determining custody, Georgia courts may evaluate:
- The love, affection, and emotional bond between each parent and the child
- Each parent's ability to provide for the child's needs (emotional, educational, and developmental)
- The stability of each parent's home environment
- Each parent's familiarity with the child's school, community, teachers, and friends
- The child's adjustment to home, school, and community
- The mental and physical health of each parent
- Each parent's willingness to support the child's relationship with the other parent
- History of domestic violence or substance abuse, if applicable
- Any other factor relevant to the best interests of the child
The Child's Preference
Georgia law gives significant weight to the preference of children who are 14 years of age or older. A child 14 or over may express a preference for which parent they wish to live with, and that preference will be considered by the court — though the court retains authority to make the final determination based on the child's best interests. Children between the ages of 11 and 13 may also be heard by the court, at the court's discretion.
Types of Custody in Georgia
Georgia courts may award two types of custody — legal and physical — and each may be joint or sole.
Legal Custody refers to the right to make significant decisions about the child's life, including education, healthcare, and religious upbringing. Joint legal custody means both parents share decision-making authority. Sole legal custody gives one parent the exclusive right to make those decisions.
Physical Custody refers to where the child primarily lives. Joint physical custody involves the child spending substantial time with both parents, though the arrangements vary widely. Sole physical custody means the child primarily lives with one parent, with the other typically receiving visitation rights.
Georgia courts frequently award joint legal custody, allowing both parents to participate in major decisions affecting their child, though arrangements vary based on the facts of each case.
Parenting Plans in Georgia
Georgia courts require parents to submit a parenting plan as part of any custody proceeding. A parenting plan addresses day-to-day custody schedules, holiday and vacation time, decision-making authority, and procedures for resolving future disputes. Parents may submit a joint plan if they agree, or separate plans if they do not. When parents cannot agree, the court will determine the arrangement.
A well-prepared parenting plan is important not only for the immediate proceeding but because it becomes the governing document for parenting going forward. Gaps or ambiguities in a parenting plan can lead to future disputes.
Custody Modifications
After a custody order is entered, it may be modified if there has been a material change in circumstances since the order was issued and if modification would be in the child's best interests. Common circumstances that may support a modification request include a significant change in a parent's living situation, a move, changes in the child's needs, or a parent's failure to comply with the existing order.
When a child turns 14 and wishes to change their primary residence, they may petition the court directly, and the court will generally honor that preference unless it is contrary to the child's best interests.
How Boggs, Cowan, & Fargione Handles Custody Cases
Custody cases require a combination of legal preparation and careful attention to the specifics of each family's situation. Our attorneys take time to understand the facts of each client's case (the child's life, the current co-parenting relationship, and what is at stake) and build a legal strategy around that understanding.
We represent parents in Oconee County Superior Court, which is part of the Western Judicial Circuit along with Clarke County, and in courts throughout the state. Founding attorney Lucas Cowan has handled contested proceedings in Georgia's Superior and State Courts and brings a litigation background developed through years of trying cases. Partner Al Fargione has represented clients in high-stakes civil litigation across Georgia's state and federal courts. Partner Lucas Boggs focuses his practice on civil matters and approaches every case with trial preparation as the standard.
Clients work directly with their attorney throughout the process. Both Mr. Fargione and Mr. Boggs have been recognized as Super Lawyers Rising Stars.
Contact a Child Custody Attorney in Watkinsville, GA
If you are facing a custody dispute, need to modify an existing order, or have questions about your parental rights in Georgia, Boggs, Cowan, & Fargione is available to help. We offer free consultations to parents throughout Oconee County and across Georgia.