Is it possible to create a child custody agreement without going to court in Georgia?

Kellyn Kidwell, Georgia managing attorney | Marble Law

Georgia managing attorney at Marble Law

Published March 6, 2025 · 5 min read

Key Takeaways

A child custody agreement is a legal document outlining how parents will share the responsibilities of caring for their child after a divorce.
In many cases, the court determines a child custody agreement based on the best interest of the child.
However, parents can create their own agreement without going to court. They may do this by working together informally or by hiring a mediator to help guide their conversations.
Once the parents reach an agreement, they sign the child custody agreement and send it to court for a judge’s review. If the judge signs off, the agreement is official.

What is a child custody agreement?

A child custody agreement is one of the many legal documents created if divorcing partners share a minor child or children. The agreement details how they will co-parent the child after the divorce.

A custody agreement often includes:

Which parent the child will live with and for what percentage of the time
The other parent’s custody and visitation schedule
Whether the parents share legal custody
How the parents will make medical decision for the child
How the parents will communicate
Child support

Options for creating your own child custody agreement

In many divorce cases, the court determines a child custody agreement based on the best interest of the child. However, the parents may be able to create their own custody agreement. There are two main ways to do this.

Informal negotiations

The parents meet specifically to discuss their desired custody arrangements. This option is often only possible if the parents have a good relationship and are willing to put aside any selfish desires, focus on their child’s best interests, and negotiate.

Some spouses may wish to have their attorneys present for these conversations. Legal counsel may provide guidance and support. Or each spouse may consult their attorney separately during the process to assist with their negotiations.

Meditation

During divorce mediation, the spouses sit down with a neutral third party, called a mediator. The mediator is there to guide the spouses. Though they often are family law attorneys or other professionals trained in family therapy and contracts law, they do not provide legal advice.

The exact steps of mediation vary from case to case. The mediator may start with both parents in the room and then meet separately with each parent to better understand the two sides.

Or either one or both parents may submit a proposed child custody plan to the mediator. If there are proposed plans, the mediator may present one plan to the other parent (and their lawyer, if they have one), discuss it with them and then bring a revised plan to the first spouse. This back and forth continues until the spouses each an agreeable compromise.

Many people try mediation because it’s typically less expensive and time-consuming than going to court. It may also be less stressful than a trial.

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What happens after you sign the agreement

Once the parents see eye-to-eye on the child custody agreement, each parent must sign the final agreement. Next, the document goes to family court or divorce court where a judge reviews it. If the judge approves, they sign off on the agreement, making it an order of the court. An in-court, in-person hearing usually isn’t required for this step.

If, however, the judge believes the proposed custody agreement isn’t in the best interest of the child, they may reject it or revise it. A lawyer is often helpful if this happens.

Can you modify a child custody agreement?

You can modify a child custody agreement, but only if life circumstances change and these changes will impact the child’s well-being. Examples of possible changes may include:

Parental alienation
One parent moving a significant distance from the child
Abuse or neglect
A parent being incarcerated
A change in one parent’s physical or mental health
A change in the child’s needs
One parent consistently violated the agreement

If a parent wishes to change a custody agreement, they must file a petition to modify the agreement. The parents may have to attend a hearing in court.

Need help with your custody case?

Custody cases can be complex. A lawyer can help you and your employer prepare the proper documentation, meet deadlines, and avoid costly mistakes. Marble is here to guide you through every step, making the custody case process smoother and more efficient.