Child custody can be a contentious topic for many parents. That said, many parents are also able to arrive at a custody agreement together. Once a custody or visitation order has been issued, it is enforceable. Not fulfilling each parent's respective obligations can result in both criminal and civil action, depending on the facts and circumstances.
Child custody orders, however, are not static and aren't intended to be. If a parent needs to modify it, they may be able to do so. But there are rules that must be followed and requirements that must be satisfied. At Smith Legal Solutions, our approach combines legal precision with thoughtful strategy to advocate effectively for your interests during a custody modification. This is true regardless of whether you are the parent who needs the modification or the parent subject to the modification.
How to Modify a Child Custody Order in Georgia
Co-parents can informally agree to modify their court-ordered child custody arrangements on their own. While this is the easiest solution, it's always best to file the changes with the court to safeguard your rights and avoid future problems.
In lieu of a mutual agreement, two things must happen to modify a custody order:
- You must file a petition to modify a custody or visitation order in family court; and
- Your petition must identify a substantial change of circumstances and that the modification due to the latter is in the best interests of the child.
Once the petition is filed, a custody modification action will ensue where the parent who filed the petition must explain and lay out the evidence for the substantial change in circumstances.
What Constitutes a Substantial Change in Circumstances in Georgia?
Because child custody revolves around the best interests of the child, getting a modification to a custody order means showing that the current order is unworkable and is no longer in the child's best interests. Thus, modification is necessary.
Some circumstances that can support a modification include:
- Abuse or neglect
- Health condition
- Substance abuse
- Domestic violence
- Failure to coparent
- Parental relocation
- A child's preference (usually considered around age 14, but the judge still makes the final decision)
To change visitation, you may not have to prove a substantial change in circumstances, but you will have to show the modification is also in the child's best interest.
Contact a Child Custody Modification Lawyer in the Atlanta Metropolitan Area Today
Modifying a child custody order takes a little thought and solid supporting evidence. A court is typically willing to approve it if it's in the best interests of the child. At Smith Legal Solutions, we will advise you of your best options, draft a well-documented petition for modification, and steadfastly represent your interests before the court. Complete the online form for a free consultation or call us at (404) 595-1998 today.
