A court may modify an existing Georgia child custody order to reflect a new and substantial change in family circumstances since the initial custody decision was made. The court may also modify the child custody order if the change is deemed to considerably impact the best interests and welfare of the child.
When a judge enters a final divorce decree, a number of court orders come with it. These orders determine matters such as custody, spousal maintenance, child support, and marital property division. Except for property division, these court orders are meant to be final but can be modified if circumstances warrant.
Modification of an existing child custody order requires that the parties go back to court. They must then provide facts and evidence justifying the change. If one party disputes the suggested modification, then legal proceedings ensue with the court deciding the matter.
Contact Attorney Sharon Jackson today at (678) 890-4200 regarding your child custody modification.
Family circumstances may change as your child grows. These changes may affect custody orders. The court upon favorable request may modify the original court order to reflect these changes. For any modification of a court order, you must present evidence that a change in circumstances considerably affects the interests of your child.
A parent’s inability to ensure a child’s safety and well-being can be grounds for seeking modification of a child custody order. A Georgia court may find a parent unfit and require custody order modifications due to the following reasons:
In these circumstances, a Georgia court may modify an existing child custody order by reducing custody time and by ordering supervised visitations. If the situation calls for it, the court can even terminate an unfit parent’s custody and visitation rights completely.
Child custody modification is required if either the custodial or non-custodial parent has any plans to relocate to another school district, city, or state.
In deciding these cases, the court considers a parent’s need or reason for relocation, the relationship between the child and the non-custodial parent, and how attached the child is to their neighborhood friends and school.
If your ex-spouse is planning on moving or relocating with your child, Attorney Sharon Jackson can help ensure your visitation and custody rights are not violated. For instance, your ex-spouse could be in contempt of the custody order if their relocation is so far away that it restrains your current visitation arrangements. What’s more, relocating from the child’s school district may violate your current custody order.
These two circumstances provide good reasons to petition for changing the child custody order. Make sure your rights are minimally affected by your ex-spouse’s relocation plans.
You must include a new proposed parenting plan when you submit your request for modification. Parents may agree on changing some aspects of a parenting plan themselves, but any modification must be court approved. This makes sure custody orders can be enforced and that the parents comply with the arrangement. Modifications done without court approval are considered informal changes and neither parent is legally bound to such a modified custody order.
If your divorce, custody or child support order was issued in Georgia, and either of you remains in the state, then Georgia maintains jurisdiction over a modification hearing. If neither you or your ex-spouse remains in Georgia, then the child’s home state decides the jurisdiction.
Child custody modifications are too complicated for parents to handle by themselves. Hiring an experienced child custody attorney helps with pursuing your case through the judicial system while defending your parental rights.
If your family circumstances have changed since the initial custody order has been made, we can help you get the proper modifications suited to your current situation. We can meet with you confidentially to discuss your situation and to explain all the legal options in Georgia law. Delaying taking legal action will bring up needless questions as to why you took so long to react. This will not be in your best interest.
Do not leave your child custody issues to chance. Schedule a consultation with us to talk about your custody modifications needs. Our team of experienced lawyers can help you move forward with your life.
Call Attorney Sharon Jackson at (678) 909-4100 to schedule a consultation with a skilled Georgia child custody modifications attorney. You can also contact us online to discuss your legal options and the best steps to take.