If you co-parent with someone in Georgia, you may wonder how often custody can get changed. Parents in Georgia must understand the differences between changing parenting time, visitation requests, and custody changes.
The custody order represents how the courts award legal and physical custody. They may award joint legal and physical custody, split custody, or sole custody to one parent. Legal custody allows each parent to make important decisions for their child, including religious upbringing, education choices, and medical care. Physical custody is where the children physically reside and spend their time.
How Legal and Physical Custody is Awarded
In many cases, regardless of physical custody, parents are awarded joint legal custody meaning they must make these important decisions together and that each parent has equal rights to the child’s medical and educational records. Legal custody is often awarded to both parents because one of them cannot be cut out of the decision-making process when major decisions regarding the child arise.
Physical custody refers to how daily childcare obligations are divided. Typically, one parent has primary physical custody, meaning the child primarily lives with that parent, while the other parent has secondary physical custody, sometimes called visitation. Courts operate on the theory that it is in the best interests of the child to maintain regular contact with both parents, so even if one parent has primary physical custody, the courts will award liberal visitation to the other parent unless it is unsafe for the child to be around a parent.
It is rare for a true 50/50 split to occur with physical custody, although some parents make it work. Generally, a true 50/50 split requires the parents to live nearby, to avoid issues with forgotten schoolwork or necessary items for after-school activities. It also requires that the parents get along well with one another and have a primary goal of ensuring the well-being of the children. Many judges believe that a child should have one primary place to call home to avoid bouncing back and forth too often.
What is Parenting Time?
A plan that details how the parents will share physical custody is known as a parenting plan. Parents may only request a change in parenting time one time every two years from the date the initial custody order was made. When this visitation modification or change in parenting time is requested appropriately, there is no need for the parent requesting the modification to show there has been a significant change in his or her circumstances.
Can You Modify a Custody Order?
Changes in the actual custody order are an entirely different matter that has nothing to do with timing and everything to do with whether there has truly been a significant change in the circumstances of one parent or the other that makes a custody change necessary. How is a “significant change” defined?
Major life events can include relocation on the part of one parent, the remarriage of one parent, the criminal activity of one parent, parental abuse, or drug or alcohol abuse by one parent. If one of these major life events has occurred and one parent is asking for a modification, the judge will consider whether the change would be in the child’s best interests.
If changing residences is the issue—say, one parent wants to move out of state—the courts will hear a request for changes in custody. If one parent is opposed to a move and can demonstrate that the move would not be in the best interests of the child, then a judge will likely not grant the modification order, even if the parent requesting the modification would be moving to obtain a much better job. A parent considering moving to another city or state must legally let the other parent know their intentions a minimum of 30 days before they move. This allows the other parent the time they need to object to the move and file an alternative custody plan.
Can the Age of the Child Affect a Change in Custody Request?
In Georgia, a child at least fourteen years old can ask for a change of custody on their own if they want to live with their other parent. The court will always hear a request from a child who meets the age requirements and requests a change in custody. The judge will consider the child’s desire for a custody change. However, the doctrine of “the best interests of the child” always takes precedence.
Children as young as eleven may voice their preference for which parent they want to live with. In some cases, the court may appoint a guardian ad litem on behalf of the child to ensure the child’s interests are properly represented.
Contact Our Atlanta Child Custody Attorneys
If you have questions about child custody, child support, or family law matters, our Atlanta child custody lawyers are here to help.
At Hobson & Hobson, P.C., our Atlanta child custody attorneys work to protect your parenting rights no matter what obstacles you face. We know how important your children are and we can protect your rights through the divorce process.
Call us at (770) 284-6153 or fill out our confidential contact form. We can set up a consultation so that you can review all your legal options.
Attorney Sarah Hobson at Hobson and Hobson, P.C. are powerful advocates for those who fight for better futures for those going through divorce and custody law matters.