When your circumstances change, so might the custody arrangement that was initially set. A Canton custody modification lawyer from Speights Law can assist you with making adjustments to your child custody agreement to reflect your current situation.
Whether you’re seeking more time with your child, need to adapt your schedule due to work changes, or are experiencing other significant life events, legal support from our Canton family lawyers can make the process clearer and smoother.
With more than 20 years of experience, we understand the complexities of custody modification cases and are committed to guiding you through every step of the process. We will help you reach a resolution that benefits your family. Call us today for a private consultation.
Understanding Custody Modifications in Georgia
A custody modification occurs when parents change an existing custody order for a child. This could involve changing who the child lives with or adjusting visitation schedules.
In Georgia, modifications can affect two types of custody:
- Physical custody: This refers to where the child lives and which parent is responsible for their daily care.
- Legal custody: This involves the right to make important decisions about the child’s upbringing, including education, medical care, and faith practices.
In Georgia, custody arrangements can be joint or sole, depending on the court’s decision:
- Joint custody: The parents share either physical custody, legal custody, or both. Joint custody encourages shared decision-making and time with the child.
- Sole custody: One parent has full responsibility for either physical custody, legal custody, or both, meaning they make decisions independently or the child primarily lives with them.
Modifications can affect either joint or sole custody arrangements, depending on the child’s needs and changes in the parents’ circumstances.
Common Reasons for Parties Changing a Custody Arrangement
Parents in Georgia can modify a custody agreement when the current arrangement no longer fits the child’s or parents’ situation. However, courts will approve custody changes only if there is a significant reason to show that the current order is no longer in the child’s best interest.
A parent might ask for a custody modification for any reason, including the following:
- Changes in parental employment: If a parent’s work hours or their job location changes, the current custody schedule might no longer work.
- Relocation: When one parent needs to move to a different city or state, it can affect how much time the child can spend with each parent.
- Child’s needs: As children grow, their needs can change. This could include changes in school, health, or social activities that may require adjustments to the current custody plan.
- Safety concerns: If there are concerns about a child’s safety in one parent’s home, a custody change may be necessary.
Legal Requirements for Custody Modifications in Georgia
To request a custody modification in Georgia, the parent must prove there has been a material change in circumstances that affects the child’s well-being. This change must be significant enough to make the current custody order unfair or not in the child’s best interest.
Georgia’s custody laws prioritize the child’s welfare and will only approve changes that align with this focus.
Factors the Court Considers
When deciding on custody modifications, Georgia courts consider:
- The child’s best interests: This is always the court’s main concern. The court looks at how the change will benefit the child’s emotional and physical well-being.
- Stability: Courts in Georgia often consider how changes might impact the child’s daily routine and overall sense of stability.
- Parental involvement: The court may look at which parent has been more involved in the child’s life and who can offer a supportive and healthy environment.
When both sides think a change must be made, they can agree to an amicable custody arrangement. In this case, modifying it is a fairly easy process. However, when they don’t agree, they may need to head to court to avoid a child custody battle.
If you are in this situation, we can discuss your legal options during a private consultation. Call to schedule an appointment with a child custody lawyer today.
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770-479-1500Our Canton Custody Modifications Lawyers Can Lead Your Case
If you are seeking to modify an existing custody order, a family lawyer from Speights Law can handle the process for you. Each stage comes with challenges, so we can provide peace of mind by handling the complex steps so that you can focus on your family’s needs.
Below, we break down the main steps in seeking a custody modification and how our Canton custody change attorneys can help you.
Filing a Petition for Modification
The first step in changing a custody order is filing a petition with the court. This petition is a formal request to change the existing custody arrangement, which may also affect the current parenting plan.
In Georgia, a parenting plan outlines important details about custody schedules, decision-making responsibilities, and communication between parents. If the modification request affects these areas, the plan may need to be updated to reflect the new arrangement.
To do this, you must:
- Prepare and submit the petition to the appropriate court.
- Include important documents that support your request, such as work schedules, school reports, or other relevant evidence.
- Clearly explain why the change is necessary and how it benefits the child.
You must notify the other parent that you want to change the initial agreement. A notice period allows the other parent time to prepare for the upcoming custody proceedings and respond accordingly.
The notice should include the specific details of the requested modification, such as changes to custody or visitation agreements. We will provide notice and confirm the court rules or specific case orders that apply to your case.
Our family law team will prepare your petition and assist with collecting and organizing the documents needed to support your case. We will also file your petition on time.
Court Hearings for Custody Modification
When parents cannot agree through mediation or negotiation, the case can go to a court hearing. During the hearing:
- Both parents present their reasons for wanting or opposing the custody change.
- A judge reviews all evidence and listens to each person’s side.
- The judge then decides based on what is in the child’s best interest.
It is important to note the age of the child at the center of the custody change. Per Georgia Code § 19-9-3, children who are 14 years or older have a right to express their preference regarding which parent they want to live with.
However, while the court typically respects child preferences, it will still evaluate whether the choice aligns with the child’s best interests.
When we represent you, we will present your evidence and side of the story in the best light, cross-examine witnesses, and handle other tasks. We also will explain what to expect during the hearing and prepare you for any questions you may have to answer during proceedings.
Preparing for Life After a Custody Modification in Canton, GA
Once the court has decided on the custody modification, you must be prepared for the changes that will follow. Adjusting to a new arrangement can be challenging for both parents and children, but there are ways to make the transition smoother.
Adjusting to the New Arrangement
Start by carefully reviewing the new custody order and understanding the specific changes it requires. Make sure to:
- Stick to the new schedule: Follow the updated custody or visitation plan closely to avoid conflicts or misunderstandings.
- Make plans: Coordinate with the other parent for school events, extracurricular activities, and any transportation needs that align with the new arrangement.
- Communicate openly: Keep lines of communication open with the other parent to ensure a smooth adjustment for the child.
Supporting Your Child’s Transition
Changes in custody can be hard for children, so it’s important to help them adapt by:
- Maintaining routines: Try to keep their daily routines as consistent as possible, even with the new custody schedule.
- Offering reassurance: Let your child know that both parents are still there for them, even if the schedule has changed.
- Being patient: Understand that it may take time for your child to get used to the new plan, and they may have questions or concerns.
Handling Potential Challenges and Conflicts
If legal issues or a custody dispute arises after the modification, consider:
- Seeking mediation: If new disagreements come up, mediation can help resolve them without going back to court.
- Consulting your lawyer: If the other parent isn’t following the new order or if significant problems occur, reach out to our child custody attorneys for advice on your next steps.
Focusing on Your Child’s Well-Being
Above all, prioritize your child’s happiness and stability. Encourage cooperation and co-parenting with the other parent to help create a positive environment. Showing that both parents support the new plan can help the child feel secure and supported.
Our Custody Modification Lawyers Offer Ongoing Support, Care
After the order, we can continue to provide legal guidance. We will help you understand the terms of the new custody arrangement and ensure that you and the other parent comply with it.
If there are any misunderstandings or issues with following the order, our Canton custody modification attorneys can provide guidance or take legal action if necessary. We can also help you seek counseling or other resources that can help your child adjust to the custody change.
Life circumstances can change, so having a trusted lawyer familiar with your case can make it easier to revisit custody arrangements if needed. Speights Law will always be there for your family and work in your best interests so you can move forward.
Call Us for Help From a Canton Custody Modification Lawyer
We know that changes in custody can be emotional and challenging for everyone involved, including the child. A Canton custody modification lawyer from Speights Law will provide compassionate guidance and strong support as we help you navigate this process.
Whether your custody order was established during a divorce or as a separate case, we can seek modifications to meet your family’s current needs. We will listen to your concerns and help you work toward the best outcome. Call us today for a private consultation.
