Contrary to popular belief, initial child custody agreements are not set in stone and can be changed to meet your family’s changing needs.
While Georgia courts do not grant modifications to custody judgements lightly, changes to custody agreements are quite common.
Definition of Custody Modification in Georgia
In Georgia, custody modification is a legal proceeding initiated to change an existing child custody or visitation order.
Parents can request a modification if their circumstances or the circumstances of the child have substantially changed since the original custody order was entered.
Modify Custody: Legal vs. Physical Child Custody
Georgia recognizes two types of child custody: legal custody and physical custody.
Legal custody refers to the ability to make important decisions regarding the child’s upbringing, such as medical treatment and education.
Physical custody, on the other hand, determines where the child will primarily reside.
In many child custody cases after a divorce, the court will award joint legal custody, where both parents have equal decision-making power.
Physical custody is more often awarded as primary or sole custody for one parent, with visitation rights for the other parent.
However, joint custody arrangements are becoming much more common in Georgia, especially when both parents are cooperative and capable of caring for the child.
Generally, people seeking to modify custody in court are looking for changes in how physical custody is divided, but modifications of legal custody are not uncommon.
Reasons for Seeking a Custody Modification
There are many reasons why Georgia parents might seek a custody modification for their original custody agreement.
The most common reason, and the legal requirement for any change, is a change in the material circumstances or conditions of either the child or the parent.
This can include things like a change in employment, changes to the home environment, or the evolving medical or emotional needs of the child.
Material changes in circumstances or conditions that may warrant a custody modification filing include:
- Desire for the child to have more contact with the non-custodial parent, including 50/50 joint custody agreements.
- Parental relocation due to a new job or marriage.
- Parental financial changes, either for better or worse.
- Changing needs as children get older.
- Changes in a child’s physical, emotional or academic well-being or needs.
- Custody preferences of a child aged 14 or older.
- Repeated parental violation of child custody or visitation orders.
- Failure of custodial parent to fulfill parental duties.
- Situations of abuse, neglect or abandonment or an unsafe home environment.
Major decisions by the custodial parent regarding the child’s upbringing can also be a reason for seeking a custody modification.
These can include changes in the child’s education, healthcare, or religious upbringing that are at odds with the child’s best interests.
It’s important to know that custody modification cases can be complex, so you should always seek the help of an experienced family law attorney.
A child custody lawyer skilled in custody modification cases can help you make your case in court and ensure the best interests of your child.
What Factors Does the Court Consider in Child Custody Modification Cases?
Simply wanting a custody change is not enough to successfully petition for a modification.
To modify custody in Georgia, you must show that there has been a material change in circumstances that will affect the child’s well-being.
Moreover, any change requested must be shown to be in the best interests of the child.
The “best interests of the child” statute in Georgia means that the court must consider a variety of factors when making or modifying child custody decisions.
Here are the 17 main factors a Georgia judge should consider when deciding child custody:
- Parental Bond. The love, affection, bonding, and emotional ties existing between each parent and the child.
- Bonds with Siblings in the Home. The love, affection, bonding, and emotional ties existing between the child and his or her siblings, half siblings, and step-siblings and the residence of such other children.
- Parenting Ability. The capacity and disposition of each parent to give the child love, affection, and guidance and to continue the education and rearing of the child.
- Parental Familiarity. Each parent’s knowledge and familiarity of the child and the child’s needs.
- Ability to Provide. The capacity and disposition of each parent to provide the child with food, clothing, medical care, day-to-day needs, and other necessary basic care, with consideration made for the potential payment of child support by the other parent.
- Home Environment. The home environment of each parent considering the promotion of nurturance and safety of the child rather than superficial or material factors.
- Continuity. The importance of continuity in the child’s life and the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
- Stability and Support. The stability of the family unit of each of the parents and the presence or absence of each parent’s support systems within the community to benefit the child.
- Mental and Physical Health. The mental and physical health of each parent, to the extent that it affects the parent’s ability to care for the child.
- Involvement with the Child. Each parent’s involvement, or lack thereof, in the child’s educational, social, and extracurricular activities.
- Scheduling Limitations. Each parent’s employment schedule and the related flexibility or limitations, if any, of a parent to care for the child.
- Individual Needs of the Child. The home, school, and community record and history of the child, as well as any health or educational special needs of the child.
- Parental Performance and Ability. Each parent’s past performance and relative abilities for future performance of parenting responsibilities.
- Willingness to Cooperate. The willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent, consistent with the best interest of the child.
- Expert or Outside Recommendations. Any recommendation by a court appointed custody evaluator or guardian ad litem.
- Criminal Behavior. Any evidence of family violence or sexual, mental, or physical child abuse or criminal history of either parent.
- Substance Abuse. Any evidence of alcohol or drug abuse by either parent.
The judge may also consider other factors to determine what custodial arrangement will best promote the child’s welfare and happiness.
The factors listed above are very important, however, and demonstrating your ability to care for your child and showing what will be in your child’s best interest can heavily influence a judge’s decision.
For this reason, if you are involved in a child custody case or seeking a child custody modification, having experienced legal representation to help you make your case is a must.
How Often Can You Modify Child Custody and Visitation Agreements in Georgia?
Either parent can ask for modification of child custody whenever there has been a material change in family circumstances – there’s no waiting period or time limit.
However, a parent can only request visitation or parenting time changes once every two years after the initial custody agreement.
Common visitation modifications include things like the noncustodial parent asking for increased visitation rights, visitation schedule changes, changes to visitation times and other major parenting plan changes.
Process to Request a Child Custody Modification in Georgia
To request a child custody modification in Georgia, a parent must file in the county where the original custody order was issued.
The petition for custody modification should outline the reasons for the request as well as any supporting documentation, such as evidence of a significant change in circumstances.
Once the modification request is filed, the court will notify the other parent and set a hearing date.
During the hearing, both parents will have an opportunity to present their case, and the court will consider the best interests of the child when making a decision about custody modification.
It’s important for parents to seek the advice and guidance of an experienced family law attorney when pursuing a custody modification.
An attorney can ensure that all necessary paperwork is submitted correctly and on time and help parents prepare for any court hearings or mediation sessions that may be required.
The Necessity of Hiring an Experienced Family Law Attorney
When seeking a custody modification in Georgia, it is important to hire an experienced family law attorney.
Custody modification cases can be complex and emotionally challenging, and an attorney can provide the knowledge and support you need to protect your child’s interests and your rights as a parent in the courtroom.
Additionally, an experienced family law attorney can present your case effectively and negotiate on your behalf with the other party or their attorney.
This can be especially helpful when the child’s other parent is not cooperative.
Looking to Modify Custody in Cherokee County?
Speights Law can help you win the changes you need. We’ve helped many Cherokee County families successfully modify custody and visitation agreements, and we can help you, too.
Call our client coordinator now at 770-479-1500 to set up a confidential consultation.
Amanda Speights is a co-founder and lead family law attorney at Speights Law, PC in Cherokee County. She is an experienced family law lawyer who handles an assortment of domestic cases, including divorce, child custody, child support, appeals and other types of litigation in the state of Georgia. To contact Amanda, please visit our contact page.