Divorce is rarely easy, but when children are involved, the process becomes even more complex. At Osbelt & Associates, we understand that parents facing a contested divorce often feel overwhelmed—caught between protecting their children and navigating the legal system. Here’s what you should know if you are involved in a contested divorce with children in Georgia.
What Is a Contested Divorce?
A contested divorce means the spouses do not agree on one or more major issues. With children, those disagreements often center around:
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Legal custody (who makes important decisions for the child).
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Physical custody (where the child lives and the parenting schedule).
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Child support (the financial contribution each parent must provide).
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Division of property and debts (which can indirectly affect the children’s living arrangements).
When parents cannot reach an agreement on these issues, the court must step in and make decisions based on Georgia law.
The Court’s Guiding Principle: Best Interests of the Child
Georgia courts decide custody and parenting time using the “best interests of the child” standard. This means the judge will evaluate a number of factors, such as:
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Each parent’s ability to provide a stable home.
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The emotional bond between the child and each parent.
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Each parent’s involvement in the child’s schooling, healthcare, and extracurricular activities.
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Any history of substance abuse, neglect, or family violence.
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The child’s wishes (for children 11 and older, the court may consider their preference).
The judge’s goal is not to “punish” either parent, but to ensure that the child’s health, safety, and well-being come first.
Parenting Plans Are Required
In Georgia, parents in contested custody cases must submit a parenting plan. This is a detailed proposal covering:
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Where the child will live on weekdays, weekends, holidays, and school breaks.
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How decisions about education, healthcare, and activities will be made.
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Communication between parents and children.
If the parents cannot agree on a plan, the judge will create one based on what is in the child’s best interests.
Child Support Considerations
Georgia uses state guidelines to calculate child support, taking into account each parent’s income, healthcare costs, childcare expenses, and other factors. Even in contested divorces, the formula provides a baseline, though the court has discretion to adjust if needed for the child’s welfare.
Why Legal Representation Matters
A contested divorce with children is one of the most challenging legal situations a parent can face. The outcome will shape not only your financial future but also your daily relationship with your children. Having an experienced attorney by your side ensures that:
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Your rights are protected throughout the process.
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Evidence supporting your parenting role is properly presented.
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You are guided through mediation, hearings, and trial if necessary.
At Osbelt & Associates, we approach these cases with both determination and compassion. We know your children are your top priority—and they are ours, too.
Moving Forward
If you are facing a contested divorce with children in Georgia, you don’t have to go through it alone. Our firm will help you understand the process, protect your parental rights, and fight for an outcome that supports your children’s best interests.
📞 Contact Osbelt & Associates today to schedule a confidential consultation and take the first step toward securing your family’s future.