Divorce When Children Are Involved: What Comes First?

Divorce is never easy, but when children are involved, the emotional and legal stakes become even higher. In Georgia, the law is clear: when determining custody, visitation, and related matters, the court’s primary concern is the best interests of the child. This guiding principle affects nearly every aspect of how a divorce involving children is handled from the earliest filings to final custody arrangements.

Under O.C.G.A. § 19-9-3(a)(3), Georgia courts must consider a variety of factors when deciding custody, including each parent’s ability to care for the child, the existing child’s emotional bonds, and the child’s need for stability and continuity. The goal is to ensure that children experience as little disruption as possible during an already difficult family transition.

At Sachs Family Law, PC, we understand that every family’s circumstances are different, and so is every child. That’s why we take a personalized, child-centered approach to every divorce case we handle. Whether you’re navigating custody, child support, or visitation schedules, our team is here to help you make informed decisions that protect your parental rights while prioritizing your child’s well-being.

Understanding the Best Interests of the Child

In any Georgia divorce involving minor children, the court’s central focus is the best interests of the child. This standard influences decisions about legal custody, physical custody, visitation, and parental responsibilities, ensuring that the outcome supports the child’s overall well-being rather than either parent’s personal preferences.

Georgia law defines a broad set of factors that the court may consider in making this determination. According to O.C.G.A. § 19-9-3(a)(3), judges can weigh elements such as:

• The love, affection, bonding, and emotional ties between each parent and the child
• The capacity and disposition of each parent to provide the child with food, clothing, medical care, and other basic needs
• The home environment of each parent and the stability it offers
• Each parent’s familiarity with the child’s needs and daily routine
• The child’s relationship with siblings and extended family
• Any history of domestic violence or substance abuse
• The willingness and ability of the parents to encourage a close relationship between the child and the other party

It’s important to understand that no single factor is automatically decisive. The court reviews the entire family dynamic and evaluates which custody and parenting arrangement will best promote the child’s safety, development, and emotional health over time.

At Sachs Family Law, PC, we help our clients prepare for this evaluation by offering guidance on parenting plans, helping you document your involvement in your child’s life, and presenting a clear picture of the home environment you can provide. By aligning your goals with factors the court must consider, we work to ensure that your child remains at the center of every legal decision made.

Establishing Custody and Visitation Early

One of the most important early steps in any divorce involving children is determining how custody and visitation will be handled, both temporarily and long-term. In Georgia, divorcing parents must establish a detailed parenting plan that outlines how they will share time, responsibilities, and decision-making for their children.

There are two types of custody in Georgia:

• Legal custody, which refers to the right to make decisions about the child’s education, medical care, religion, and extracurricular activities.
• Physical custody, which refers to where the child lives and how parenting time is divided.

Courts often award joint legal custody, with one parent designated as the primary decision-maker in the event of disagreement. Physical custody can be shared equally or awarded primarily to one parent, with the other receiving scheduled parenting time. These arrangements are made based on the best interests of the child and can vary widely depending on family circumstances (O.C.G.A. § 19-9-3(a)).

In the early stages of a divorce, particularly when disputes arise, courts may issue temporary custody orders to provide structure and stability for the children until a final agreement or final court order is reached. These orders can significantly influence the outcome of the final custody arrangement, which is why it’s essential to approach this phase with care and legal guidance.

At Sachs Family Law, PC, we help clients create clear, child-focused parenting plans that meet Georgia’s legal requirements and reflect the realities of their family life. We advocate for fair, workable solutions that prioritize your child’s routine, relationships, and emotional security, and help you avoid unnecessary conflict as your case progresses.

How Child Support Is Calculated in Georgia

In divorce cases involving children, child support is a critical component of the final settlement. Georgia follows an income shares model, which means both parents’ incomes are used to determine how much support is owed, with the goal of maintaining the child’s standard of living as close as possible to what it would have been if the parents had remained together.

Under O.C.G.A. § 19-6-15, the process for calculating child support in Georgia includes the following steps:

1. Determine gross monthly income for both parents. This includes wages, bonuses, commissions, self-employment income, and even passive income like dividends or rental income.
2. Combine both parents’ incomes to determine a total family income.
3. Refer to Georgia’s child support guidelines to find the basic child support obligation based on the number of children and the combined income.
4. Allocate support proportionally based on each parent’s share of the combined income.
5. Adjust for additional expenses, such as health insurance premiums, child care costs, extracurricular activities, or extraordinary medical expenses.

The parent with primary physical custody typically receives support from the other parent. However, if custody is shared more equally or if there are special circumstances, such as high income, disabilities, or travel costs, the court may adjust the standard calculation.

At Sachs Family Law, PC, we work closely with our clients to ensure that all income and expenses are properly accounted for and that support obligations are fair, accurate, and in full compliance with Georgia law. Whether you’re seeking child support or being asked to pay it, we provide clear guidance and strong advocacy every step of the way.

Protecting Children from Conflict

Divorce can be emotionally charged for both spouses, but it’s often the children who feel the weight of that tension the most. Studies consistently show that it’s not the divorce itself, but the conflict between parents that most negatively impacts a child’s emotional well-being. That’s why one of the most important goals during any divorce involving children is minimizing their exposure to parental disputes.

Georgia courts strongly encourage both parties to support the child’s relationship with the other parent, and may even consider a parent’s willingness to do so when making custody decisions (O.C.G.A. § 19-9-3(a)(3)(N)). This means it’s not just about what you say in court; it’s about how you handle yourself throughout the process.

Some key ways to protect children from conflict during a divorce include:

• Avoid arguing in front of the children or using them as messengers.
• Maintain consistency in routines such as school drop-offs, bedtime, and extracurriculars.
• Use neutral, respectful language when discussing the other parent.
• Establish clear boundaries and communication protocols through a parenting plan.

At Sachs Family Law, PC, we understand the emotional toll divorce can take, and we work with our clients to make decisions that keep their children out of the middle. Whether you’re dealing with a high-conflict divorce or simply trying to ensure a peaceful transition, we help you approach every stage with clarity, compassion, and your child’s long-term health in mind.

Special Considerations in Unique Situations

While many divorces involving children follow a standard legal path, others require more specialized strategies due to unique or challenging circumstances. In Georgia, the court’s responsibility to act in the best interests of the child applies in every case, but how those interests are protected can vary significantly based on the facts of the situation.

Some common examples of complex custody and parenting challenges include:

Parental Relocation

When one parent wants to move out of state, or even across Georgia after a divorce, it can dramatically affect custody and visitation arrangements. Georgia law does not prohibit relocation, but it does require the relocating parent to provide advance notice and often necessitates a modification of the existing parenting plan (O.C.G.A. § 19-9-3(f)). The court will evaluate how the move impacts the child’s stability, school environment, and access to both parents.

Domestic Violence or Substance Abuse

If one parent has a history of family violence, substance abuse, or criminal behavior, the court may impose limited or supervised visitation to ensure the child’s safety. Under O.C.G.A. § 19-9-3(a)(4), Georgia courts are required to consider any evidence of domestic violence when determining custody and visitation.

Blended Families and Stepparent Involvement

In families with stepparents, half-siblings, or significant others playing a parenting role, courts may consider the child’s relationship with those individuals, especially if they’ve become a central part of the child’s life. However, legal custody and visitation rights remain with the biological or adoptive parents unless otherwise ordered by the court.

Children with Special Needs

When a child has physical, emotional, or educational needs that require additional care, parenting plans must be adapted to reflect medical appointments, therapy schedules, or accessibility accommodations. Sachs Family Law, PC helps parents create custody arrangements that address these realities without disrupting the child’s care.

At Sachs Family Law, PC, we know that no two families or divorces are alike. Whether your case involves relocation, safety concerns, or unique family dynamics, we’ll help you navigate the legal system with a strategy tailored to your situation and grounded in Georgia law.

Why Legal Guidance Is Critical

When children are involved in a divorce, the legal, emotional, and practical stakes are simply too high to navigate alone. Custody, visitation, and support arrangements are not just legal terms, they directly shape your child’s daily life, long-term development, and sense of security. Every decision matters.

Georgia’s family law system can be complex, and even well-intentioned parents can make costly mistakes without experienced legal guidance. At Sachs Family Law, PC, we bring clarity to every step of the process, helping you understand your rights, comply with state laws, and prioritize your child’s needs through a legally sound and emotionally thoughtful approach.

From developing parenting plans to advocating for your child’s best interests in court, our firm provides steady guidance and skilled representation, whether your divorce is amicable or contested.

Putting Children First With the Right Team by Your Side

Divorcing with children doesn’t have to mean conflict, confusion, or fear of the unknown. With the right legal support, you can protect your child’s well-being, preserve your relationship, and make informed decisions with confidence.

At Sachs Family Law, PC, we have offices in Buford and Commerce that allow us to help parents throughout the greater Gwinnett and Jackson County areas handle divorce with clarity, care, and commitment to what matters most. If you’re beginning the divorce process and want to ensure your children remain the priority every step of the way, we’re here to help.

Contact Sachs Family Law, PC today to schedule a confidential consultation and take the first step toward a stronger future for you and your family.