Ethan’s Law didn’t eliminate custody evaluations or psychological assessments in Georgia. It limits specified reunification practices, a distinction that matters when a proposed intervention would restrict parent-child contact or require a child to participate in an out-of-state program.
These questions often arise in emotionally difficult family law matters, where the wording of a recommendation or proposed order matters as much as its label. Custody strategy should begin with the facts, filings, and court orders in the case.
What Ethan’s Law Changed in Georgia Custody Law
House Bill 253, known as Ethan’s Law, prohibits Georgia courts from ordering family reunification treatments or services when child custody is at issue. The law took effect on July 1, 2025, and remains in effect as of November 5, 2026.
The legislation amended Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated. It addresses a particular category of court-ordered reunification practices, not all evidence-gathering, mental-health assessments, or custody-related services.
When reviewing a motion or proposed order, first identify exactly what the court is being asked to order. A request described generally as reunification work requires closer reading than its title alone provides.
Which Reunification Practices Are Prohibited
The statute identifies practices a court can’t order in a custody case. A proposal may use different terminology while still describing conduct covered by the law.
Examples identified in House Bill 253 include:
- Court-ordered restrictions on parent-child contact.
- Requiring a child to stay overnight at an out-of-state facility or hotel.
- Using private youth transporters who may use force or coercion to move a child.
- Mandatory attendance at educational or experimental workshops.
Preserve the written proposal, recommendation, emails, and any description of how the program would operate. These documents allow counsel to evaluate whether the requested intervention falls within the statutory prohibition.
What Courts May Still Evaluate & Order
Georgia courts retain authority to obtain information relevant to a custody decision. Under O.C.G.A. ยง 19-9-3, a judge may order a psychological custody evaluation of the family or an independent medical examination, meaning an assessment by a medical professional who doesn’t regularly treat the person.
When deciding the best interests of the child, the legal standard that guides Georgia custody determinations, the court may consider relevant evidence. This includes recommendations from a court-appointed evaluator or guardian ad litem, an attorney appointed to represent a child’s interests, as well as evidence of family violence or child abuse.
The central distinction is between a permitted assessment that helps the court weigh evidence and a prohibited reunification service. An assessment doesn’t become prohibited simply because it concerns a strained family relationship. Conversely, labeling an intervention an evaluation doesn’t settle what the order actually requires.
How Ethan’s Law Fits into a Custody Decision
Ethan’s Law is one part of the broader Georgia child custody process. Legal custody concerns authority over major decisions, such as education, health care, and religion. Physical custody concerns where a child lives and the parenting-time arrangement.
Both types of custody are determined under the child’s best interests. A child who is 14 or older has the right to select which parent to live with, and that selection is presumptive unless the court finds it isn’t in the child’s best interest.
The issue can emerge at several stages of litigation. A temporary-order request, an evaluator’s recommendation, a proposed final order, or a post-judgment modification proceeding each requires review of the record and proposed relief.
Orders & Proceedings That Require Close Review
Temporary Orders
Temporary orders set rules while the case is pending. Parents should review provisions addressing counseling and assessments, contact and travel restrictions, transportation, or required programs before agreeing to the language.
Final Orders
A final custody order establishes the legal and physical custody arrangement. Its wording should clearly distinguish a permitted assessment from a reunification practice prohibited by Ethan’s Law.
Modification & Contempt Matters
An existing order, a request to change it, and an allegation that a parent failed to comply present separate procedural questions. Ethan’s Law doesn’t automatically resolve whether a particular existing order remains enforceable, so the order and case history require individual legal review.
Questions to Bring to a Custody Consultation
A focused review begins with the documents, not assumptions about what the law permits. For Fulton County cases, the Fulton County Superior Court Family Division handles custody, visitation, contempt, modification, and related family law proceedings.
Bring the materials that show what has been requested, recommended, or ordered:
- The petition, answer, and any pending motions.
- Temporary orders, final orders, and proposed orders.
- Evaluator recommendations, psychological assessment reports, or guardian ad litem reports.
- Written communications about counseling, reunification programs, transportation, travel, or workshops.
- Upcoming hearing notices and deadlines.
Questions About the Proposed Intervention
Ask direct questions about what the proposal requires. Is it an assessment, an independent medical examination, or a proposed reunification service? What specific steps must the child and parents take? Is the request part of a temporary hearing, final custody dispute, or modification case?
Obtain case-specific legal advice before agreeing to, opposing, or attempting to change a court-directed intervention. The procedural posture, record, and precise language of the requested relief all affect how the issue should be addressed.
Review the Exact Terms of the Order
Ethan’s Law prohibits defined reunification practices while Georgia courts retain authority to make case-specific custody decisions and order permitted assessments. Reviewing the proposed or current order is the soundest way to determine where that line applies.
At Warner Bates McGinnis & Anthony, we handle negotiated and contested child custody disputes throughout Atlanta and surrounding Georgia areas. To discuss the documents and circumstances in your case, contact us at (770) 766-8148.