Reasons You Might Need a Child Custody Modification

There are times when a current child custody agreement no longer works for the parents and children in the family. When this occurs, parents may want to change or modify an existing child custody agreement. However, this is not easy. The courts are often reluctant to change pre-existing child custody agreements unless there is proof of a substantial change in circumstances.

If you are considering a child custody modification, it is important to have an experienced Georgia family law attorney on your side from the start. You will need someone to gather the evidence needed to show the courts proof that your child custody agreement should be modified.

Georgia Law and Child Custody Modification

Under Georgia law, the court will only consider a child custody modification if one party shows new and substantial proof that affects the interest and welfare of the children. After all, child custody agreements are determined by what is in the child’s best interest – not what works best for the parents.

There are numerous reasons a court may grant child custody modification. However, they will only do so if it is proven to be in the child’s best interest. If both parents agree to the modification, the courts will typically approve these changes, as long as the change does not harm the child.

Reasons to Request Child Custody Modification

There are many reasons why one or both parents may seek to modify an existing child custody agreement. However, before the court will approve this modification, there must be a material change in circumstances that would affect the child’s welfare. In other words, the courts will not alter a child custody agreement for frivolous or insignificant reasons.

Danger to Children

If a child is in danger in their current household, the courts will consider an immediate request for child custody modification. This often occurs when abuse is suspected or when a parent is suffering from drug or alcohol addiction. In assessing the danger, the courts will consider many factors, including the child’s wishes, as well as any instances of domestic violence.

Relocation of the Parents

We live in a big world. Sometimes parents get opportunities for their futures that exist outside the state of Georgia. When this occurs, the courts will need to determine whether to grant the change in custody arrangement. When considering the modification, the courts will evaluate the moving parent’s motivation, the new proposed visitation schedule, and how much this change will interrupt the child’s current life.

Not Exercising Current Visitation

If one parent is not cooperating with their current visitation or custody agreement, the courts may consider a change in child custody. Depending on the circumstances involved, the courts may take this opportunity to re-evaluate custody and change visitation agreements.

Child Requests

In the state of Georgia, minors over the age of 14 may choose who they live with. Judges will generally respect their wishes, as long as it is still in their best interests. Children over the age of 11 may request to live with a certain parent, but the judge will look to examine many factors before granting these requests. Some of those factors include the child’s home and school environment and therapist recommendations if applicable.

Where Can You File a Child Custody Modification in Georgia

In the state of Georgia, parents may have concerns or questions over where to file a child custody modification. The Georgia Child Custody Interstate Jurisdiction Act can answer questions for conflicts that occur in Georgia. If a parent lives out of state, the Uniform Child Custody Jurisdiction and Enforcement Act will help answer those questions.

For more specific questions relating to your child custody agreement, it is important to discuss your case with a local Atlanta family law attorney as soon as possible. Your attorney will need to review the specific details of your unique family situation and help you determine the best possible ways to proceed.

Call Our Experienced Atlanta Family Law Attorneys

At Hobson & Hobson, P.C., our Georgia divorce attorneys know that life changes and that decisions made during the initial divorce process don’t last forever. We believe in helping parents seek modifications of existing child support or custody when applicable. Our attorneys continue to put the needs of the children first during this process, while also building a case to help you succeed moving into the future.

If you are considering a child custody modification, call us today at (770) 284-6153 or fill out our confidential contact form. We can set up a consultation, so you can review all your legal options.