Child custody arrangements are legally binding, but that doesn’t mean they are permanent. Custody arrangements can be modified around significant life changes.
However, before requesting a custody modification, it’s important that the parent can justify it. The changes in circumstances must be significant. Here are some important points to consider.
When can a custody modification be requested?
A parent can request a custody modification if there is a material change in circumstances that affects the child’s well-being. This could include:
- A parent moving out of state.
- A parent changing jobs.
- Concerns about the child’s safety.
- A parent’s inability to care for the child due to illness or other factors.
Georgia courts always focus on the best interests of the child when deciding whether to approve a modification.
The legal process of modifying custody
To request a change, the parent must file a petition for custody modification in the court where the original order was issued. The court requires evidence showing why the change is necessary.
In some cases, the parents may agree on a new arrangement. If both parents consent, they can submit a modified agreement to the court for approval. If they disagree, a judge will decide based on the child’s best interests.
Does the child have a say?
In Georgia, a child aged 11 or older can express a preference for which parent they want to live with. However, the judge will only consider the child’s choice if it aligns with their best interests. At age 14, a child’s preference carries more weight, and courts usually honor their request unless there are serious concerns.
Custody modifications in Georgia are possible, but they require a compelling justification. Before requesting a modification, it is beneficial to seek some legal guidance.