Custody Mediation in Johns Creek and North Atlanta
Protect Your Parenting Time
Attorney Kevin Markes has handled over 500 family law cases including contested custody mediations across North Atlanta.
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Custody Mediation in Georgia -- Quick Facts
- Court requirement: Fulton, Gwinnett, and Forsyth County courts require mediation before scheduling a custody trial
- Cost: Mediator $250 to $500/hour split between parents, plus attorney preparation ($3,000 per parent)
- Sessions: 1 to 3 sessions, each 4 to 8 hours
- Success rate: 70% to 80% of custody mediations produce full or partial agreement
- What is decided: Legal custody (decision-making), physical custody (where the child lives), parenting time schedule, holiday allocation, transportation, communication rules
- Child's preference: Age 14 carries presumptive weight; age 11 to 13 is considered; under 11 has minimal independent weight (O.C.G.A. section 19-9-3)
- Standard: All custody decisions, including mediated agreements, must serve the child's best interest
- Confidential: Mediation discussions cannot be used in court if mediation fails
What Gets Decided at Custody Mediation
Legal Custody
Legal custody determines who makes major decisions about the child’s education, healthcare, religious upbringing, and extracurricular activities. Georgia courts frequently award joint legal custody, meaning both parents share decision-making authority. At mediation, parents can define exactly how joint decisions work: who has final say if parents disagree on a school choice, how medical decisions are made in non-emergency situations, and whether one parent has authority over specific categories. This level of specificity is rarely achieved at trial because judges issue broader orders.
Physical Custody and Parenting Time
Physical custody determines where the child lives and how parenting time is allocated. The mediated schedule can be as detailed as your family needs. A standard court order might say “alternating weekends plus Wednesday evenings.” A mediated plan can specify that Parent A has Monday through Wednesday, Parent B has Thursday through Sunday, with a midweek dinner on the off-parent’s short week, and the schedule shifts during summer to two-week blocks. Parents who live in the same school district increasingly negotiate 50/50 schedules at mediation in Fulton and Gwinnett County cases.
Holiday and Vacation Schedule
The holiday schedule is where mediation shines over court orders. A court divides holidays mechanically: even years with one parent, odd years with the other. Mediation lets you account for family traditions. If Thanksgiving is the cornerstone of one parent’s extended family gathering and the other parent’s family celebrates Christmas Eve, the mediated plan can reflect that permanently rather than alternating.
Transportation and Exchange
Who drives the child to and from exchanges, where exchanges happen (home, school, a neutral public location), and how parents handle schedule changes due to traffic, weather, or emergencies. In North Atlanta, where a 15-minute drive can become 45 minutes on GA-400 during rush hour, exchange logistics matter more than in less congested areas.
Communication Between Parent and Child
How often the non-custodial parent can call or video chat with the child during the other parent’s time, whether calls happen at a set time or on demand, and rules about not interrogating the child about the other parent’s household. These provisions prevent the most common day-to-day co-parenting conflicts.
How Custody Mediation Differs from Divorce Mediation
Divorce mediation covers finances: property, debt, and support. Custody mediation is about the children. The emotional stakes are higher, the conversations are more personal, and the outcomes affect your daily life for years. A bad property split costs you money. A bad custody arrangement costs you time with your child.
Custody mediation also involves a legal standard that property division does not. Every custody arrangement, whether mediated or court-ordered, must pass the best interest of the child test under O.C.G.A. section 19-9-3. The court reviews your mediated agreement before approving it and can reject provisions that do not serve the child’s welfare. Your attorney’s job at custody mediation is to help you negotiate a plan that both protects your parenting rights AND satisfies the best-interest standard so the judge approves it.
If a Guardian ad Litem (GAL) has been appointed in your case, their investigation results influence mediation dynamics. A GAL recommendation that supports your position strengthens your position at the mediation table. A recommendation that does not support your position means you need to either address the GAL’s concerns through your mediation proposal or prepare to challenge the recommendation at trial. Attorney Kevin Markes helps clients incorporate GAL findings into their mediation strategy.
How to Prepare for Custody Mediation
Build your parenting plan before the session. Do not walk into mediation and react to the other parent’s proposal. Walk in with your own detailed plan that covers the regular weekly schedule, holidays, summer, transportation, communication, and decision-making. A parent who presents a thoughtful, workable plan controls the starting point of the negotiation.
Document your involvement. If you are seeking primary physical custody or a 50/50 split, bring evidence of your parenting role. School pickup and dropoff records, medical appointment logs, communication with teachers, extracurricular involvement, and daily routine documentation. This evidence informs your attorney’s strategy and demonstrates to the mediator that your proposals are grounded in your actual parenting role.
Know the child’s schedule inside and out. School hours, bus times, after-school activities, sports practice schedules, weekend commitments, friend groups, and routines. The parent who knows these details is the parent who builds the more credible parenting plan.
Prepare to be flexible on timing but firm on substance. The exact schedule is often negotiable. Whether you have meaningful, consistent time with your child is not. You might compromise on which specific weekday you have overnight in exchange for more summer vacation time. You should not compromise on having regular overnight parenting time at all.
Keep the child’s perspective central. Judges and mediators are trained to detect when a parent is using custody as a bargaining chip in financial negotiations or as a weapon against the other parent. Your proposals should be explainable in terms of what serves the child, not what punishes your spouse.
When Custody Mediation Is Not the Right Path
Safety concerns. If domestic violence, child abuse, substance abuse, or neglect is involved, mediation may not be appropriate. Georgia courts can waive the mediation requirement in cases with documented safety issues. A parent who has a Temporary Protective Order should discuss with their attorney whether mediation is safe before agreeing to participate.
Parental fitness is the core dispute. When one parent’s ability to safely care for the child is genuinely in question, mediation is not the right forum. Fitness disputes require evidence, testimony, and sometimes expert evaluation that only a trial can provide. Emergency custody cases, cases involving DFCS investigations, and cases where one parent’s mental health or substance abuse is at issue typically need judicial intervention rather than negotiation.
One parent refuses to co-parent. Mediation requires two willing participants. If one parent uses the process to delay, to extract concessions through emotional pressure, or to maintain control rather than reach agreement, litigation puts the decision with a judge who will impose a reasonable outcome.
Frequently Asked Questions
Is custody mediation required in Georgia?
Fulton, Gwinnett, and Forsyth County courts require mediation before scheduling a custody trial in most contested cases. The only routine exception is documented domestic violence cases, where the court can waive the requirement. Even in counties that do not formally require mediation, judges strongly encourage it.
Can the mediator decide custody?
No. The mediator facilitates negotiation but has no authority to make decisions or issue orders. Only a judge can impose a custody arrangement. If mediation fails, the case goes to trial and the judge decides based on evidence and the best interest of the child standard under O.C.G.A. section 19-9-3.
Call (470) 560-7798 to understand what role the mediator plays and how to protect your position if mediation fails.
What if my child wants to live with me but the other parent disagrees?
At age 14, a child’s custody preference carries presumptive weight in Georgia, meaning the court will honor the child’s choice unless the chosen parent is unfit. Between 11 and 13, the preference is considered but not controlling. Under 11, the child’s wishes carry minimal independent weight. At mediation, the child’s preference is a factor in negotiation but the child does not attend or testify. Call (470) 560-7798 to discuss how your child’s age affects your custody strategy.
Can we mediate custody separately from the divorce?
Yes. Custody mediation can happen independently of divorce mediation. Unmarried parents, parents modifying an existing order, and parents who have resolved financial issues but disagree on custody all use standalone custody mediation.
What happens if we agree on some issues but not others?
Partial agreements are common and valuable. If you agree on the regular weekly schedule but disagree on holiday allocation, the weekly schedule is documented and signed. Only the holiday dispute goes to trial. Every issue resolved at mediation reduces the cost and scope of the trial.
Should fathers expect a fair outcome at custody mediation?
Yes. Georgia law does not favor mothers in custody decisions. The best-interest standard under O.C.G.A. section 19-9-3 applies equally to both parents. Fathers who come to mediation prepared with documentation of their parenting involvement, a detailed proposed plan, and realistic expectations consistently achieve strong outcomes. See our guide to father’s rights in Georgia custody for more detail.
Call (470) 560-7798. We prepare fathers for custody mediation with the same rigor we bring to trial preparation.
Our attorneys are here to provide clear answers. Contact us for a confidential consultation about your family law case.
Walk into Mediation with a Plan That Works
The parenting plan you negotiate at mediation governs your daily life with your child for years. Attorney Kevin Markes has handled over 500 family law cases including contested custody mediations where fathers and mothers secured the parenting time they deserved. Attorney David Tannen brings over two decades of custody litigation experience to every mediation preparation.
Your Free Consultation Includes:
An honest assessment of what custody schedule is realistic for your situation
An explanation of how Georgia’s best-interest factors apply to your case
A preparation plan so you walk into mediation with a credible proposal
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Not ready to call? Read our guide: Father’s Rights in Georgia Custody Cases
Tannen Law Group
6455 East Johns Crossing, Suite 425
Johns Creek, Georgia 30097