Cartersville Contested Child Custody Lawyer
When parents cannot agree on custody, a judge makes the decision. That decision shapes your child’s daily life for years.
You need someone who knows how custody cases work in Bartow County. A Cartersville contested child custody lawyer at Speights Law can help you build a clear, honest case for your child.
Our Cartersville family lawyers have helped North Georgia parents for more than 25 years. Together, our attorneys bring more than 120 years of combined experience.
Call (770) 479-1500 to talk with our family law team.
What Is a Contested Custody Case?
A custody case is contested when parents disagree on a major issue. It might be who the child lives with. It might be who makes school or medical decisions. It might be the parenting time schedule.
Contested custody comes up in many ways:
- During a Cartersville divorce
- Between parents who were never married
- When one parent wants to move away with the child
- When a parent raises safety concerns about the other home
- When an existing order no longer works and one parent wants a change
If you already have an order and need to change it, see our Cartersville custody modifications lawyer page.
Where Cartersville Custody Cases Are Heard
Custody cases for Cartersville families are filed in Bartow County Superior Court. Bartow County is part of the Cherokee Judicial Circuit, which it shares with Gordon County.
The court sits in the Frank Moore Administration and Judicial Center at 135 West Cherokee Avenue in downtown Cartersville. The Clerk of Superior Court’s office is in the same building, and civil cases can be filed electronically.
The Clerk’s office also posts local materials for family cases. These include information on an online parenting seminar and a standing order for Bartow and Gordon County cases. We review these local requirements early, so nothing slows your case down.
Our office is in Canton, a straight drive east on GA-20. We serve families throughout Bartow County, including Cartersville, Adairsville, Emerson, Euharlee, Kingston, and White.
How Georgia Judges Decide Custody
Georgia law gives neither parent an automatic advantage. Mothers and fathers start on equal footing. There is also no built-in preference for joint or sole custody.
The judge decides based on one standard: the best interests of the child. Under O.C.G.A. § 19-9-3, the judge may weigh many factors, including:
- The bond between each parent and the child
- Each parent’s knowledge of the child’s needs
- How long the child has lived in a stable home
- Each parent’s involvement in school and activities
- Each parent’s work schedule and flexibility
- The child’s ties to brothers and sisters
- Each parent’s willingness to support the child’s relationship with the other parent
- Evidence of family violence, abuse, or substance abuse
- Any recommendation from a guardian ad litem or custody evaluator
Judges care about safety and stability, not who has the bigger house. You can learn more in Child Custody Laws in Georgia Explained.
Local Factors That Come Up in Bartow County Cases
School District and Daily Routine
Cartersville has its own city school system, separate from Bartow County Schools. Where your child lives can decide which district they attend.
That matters in a custody dispute. Judges look at continuity in school, friends, and activities. A plan that keeps your child in a familiar school can carry real weight.
Shift Work and Work Schedules
Many Bartow County parents work in manufacturing and logistics. Rotating shifts and overnight schedules are common.
A work schedule is not a reason to lose custody. But the judge will want to see a realistic plan for school pickups, evenings, and weekends. We help you show how your schedule actually works for your child.
Parents Living in Different Counties
Many families have one parent in Cartersville and another in Cherokee, Floyd, Paulding, or Cobb County. Distance affects exchanges, school, and weekday time.
Georgia requires a parent to give at least 30 days’ notice before moving, unless a court order says otherwise. If a move is part of your dispute, see our FAQ on moving or relocating while a custody case is pending.
What Your Child Wants
Parents often ask whether their child gets a say. In Georgia, it depends on age.
- Age 14 and older: The child may choose which parent to live with. That choice controls unless the judge finds it is not in the child’s best interests.
- Ages 11 to 13: The judge must consider the child’s wishes and educational needs. Those wishes do not decide the case.
- Under 11: The judge focuses on the best-interest factors and the evidence from each parent.
Judges have wide discretion in how they hear from a child. Some use a guardian ad litem. We help you handle this carefully, so your child is not pulled into the conflict.
Your Parenting Plan
Georgia requires a parenting plan in every custody case. If parents cannot agree, each side files a proposed plan. The judge can adopt one side’s plan if the other side fails to file.
A strong plan covers:
- Where the child spends each day of the year
- Holidays, birthdays, school breaks, and summer
- Exchange locations, times, and transportation costs
- Who makes education, health, activity, and religious decisions
- How parents will resolve disagreements
A vague plan creates new fights later. See parenting plan mistakes North Georgia parents should avoid and what to know about parenting plans.
How We Build Your Custody Case
Custody cases are decided on evidence. Strong feelings matter, but the judge needs facts.
We help you gather and organize:
- School records, report cards, and teacher communication
- Medical and dental records showing who handles appointments
- Texts and emails between parents
- Calendars showing who has actually cared for the child
- Witnesses such as coaches, teachers, neighbors, and church members
- Police reports or protective orders, if safety is an issue
If either parent is also facing criminal charges, that can affect custody. Our Bartow County criminal defense team can work alongside our family law attorneys.
Joint Custody and 50/50 Schedules
Many Cartersville parents ask about 50/50 custody. It is possible, but it is not automatic.
Judges look at whether the parents live close enough, communicate well enough, and can keep the child’s routine steady. Learn more in Can I Get Joint 50/50 Custody of My Child in Georgia? and How Does Joint Custody Work in North Georgia?
We also have guides on a father’s chances of getting 50/50 custody and a mother’s chances of getting 50/50 custody.
When conflict is high, a parallel parenting plan may work better than traditional co-parenting.
Why Cartersville Parents Choose Speights Law
Speights Law has represented North Georgia families since 2001. We know the Bartow County court and what judges expect to see.
Our family law team includes Holly Holliman, Rachel Clark, and Randall Ivey. Many parents value having experienced women attorneys on their custody case.
We keep you informed at every step. You will know what to expect before each hearing.
Frequently Asked Questions
Can I stop the other parent from seeing our child?
Not on your own without risk. Withholding a child without a court order can hurt your case. If you have a real safety concern, talk with a lawyer about emergency options. Read When Can You Deny Visitation to a Non-Custodial Parent?
What is the difference between legal and physical custody?
Legal custody is decision-making power for school, health, and religion. Physical custody is where the child lives. Parents can share one, both, or neither. See the rights of a custodial vs. non-custodial parent.
Will custody affect child support?
Yes. Parenting time is part of Georgia’s child support calculation. Learn how child support is determined in Georgia.
Can the judge’s order be changed later?
Yes, if there is a material change in circumstances affecting the child. Parenting time schedules can also be revisited, but generally no more than once every two years without a material change.
Talk With a Cartersville Contested Child Custody Lawyer
Your child’s future is worth a careful, prepared case. The sooner you start, the more options you have.
Call Speights Law at (770) 479-1500 or contact us online to schedule a consultation.
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