When you’re navigating a divorce or custody battle, every decision you make matters. Georgia courts place a high value on credibility, responsibility, and demonstrated judgment—especially in family law cases involving children. While clients understandably want to advocate for their needs, going against sound legal advice can backfire in significant ways.
Below are real-world examples of how ignoring your attorney’s guidance can negatively impact your outcome—and why strategic decisions are key to protecting your future.
Substance Use Can Undermine Custody Rights
Judges in Georgia take parental substance use very seriously during custody determinations. One former client, despite being advised otherwise, continued using marijuana during a custody case. Even though the client was otherwise a fit parent, this choice reflected poorly on their judgment. The judge viewed the use as a potential risk to the child’s welfare, significantly weakening the client’s custody position.
Key takeaway: If you’re involved in a custody matter, abstain from any substance use—legal or not—until your case is resolved. Courts prioritize what is in the child’s best interest, and any behavior that raises safety concerns may reduce your parenting time.
Cohabitation During Divorce Can Complicate Custody
Moving a romantic partner into your home during a divorce—especially in a contentious custody case—can send the wrong message to the court. One client ignored advice and did exactly this, despite filing in a conservative Georgia county. Judges may interpret such a move as disruptive or destabilizing for the child, especially when the divorce is ongoing.
In cases where morality clauses or temporary parenting plans are in place, cohabitation with a new partner could even violate court orders.
Key takeaway: Stability and consistency matter during divorce. Making major household changes, particularly involving new partners, is often seen as premature and inappropriate in the eyes of the court.
Strategic Missteps on Custody Requests
It’s understandable that parents want to request joint physical custody, especially when both are actively involved. But in Georgia, unless both parties agree to a 50/50 arrangement, most judges will not impose it. Judges have broad discretion and are typically reluctant to order joint physical custody without consensus.
Several clients have insisted on pursuing 50/50 custody despite being advised that their assigned judge would not approve it. In these situations, they ended up spending thousands of dollars to litigate an issue with little legal chance of success. While every client has the right to request what they believe is fair, it’s crucial to understand the court’s likely position before committing to costly litigation.
Key takeaway: Your attorney’s insights into how specific judges rule are based on experience—not guesswork. Disregarding that insight can lead to financial strain and emotional disappointment.
Trust the Legal Experience You’re Paying For
Hiring a skilled family law attorney is not just about filing paperwork—it’s about strategy. At Atlanta Holistic Family Law, we provide not only legal representation but also compassionate, strategic advice that aligns with your goals and the realities of Georgia courts. We help you avoid costly mistakes through our family law services.
Jeanette Soltys, J.D., is a distinguished Georgia divorce attorney and a leading authority in alternative dispute resolution techniques such as amicable divorce. She obtained her Juris Doctor from Wake Forest University School of Law and is admitted to the bar in the state of Georgia. Additionally, she is a Certified Amicable Divorce Professional (CADP).