Child Custody Modification & Child Visitation Modification
Georgia also allows for modifications of child custody or visitation orders. When the court grants an initial custody or visitation order, they use statutory guidelines to determine what is in the child’s(ren’s) best interest.
How do I modify custody?
The court determines the original custody trial based on the evidence presented at a brief custody trial. There are often unforeseen changes that warrant modification. When asked to change its original order, there should be a substantial change of circumstance for the court to consider.
When can I modify custody?
Usually, this involves some behaviors not presented during the original custody proceedings. These behaviors include; when one parent is involved in drugs, alcohol, or general neglect of the children. Often this consists of a change in lifestyle and living arrangements not conducive to the children’s best interests. It also involves a child who expresses a desire to live with the other parent.
How do I change custody arrangements?
When you seek to change the custodial arrangement of the children and the other party is not going to consent, the legal threshold is significant, and there must be clear evidence that circumstances warrant this change. This fact is especially true if you seek to bring a third-party custodial action. Georgia allows for a modification of custody action by relatives when parents are determined unfit to continue custody of the children. We highly recommend that you seek the advice of counsel in a situation in these situations. When you believe your child, grandchild, or a child you are close with needs to be in your custodial care, seek an attorney.
How does child visitation modification work?
These matters tend to be very complicated and will involve the presentation of significant evidence, third-party experts, the use of a guardian ad litem, and so much more, depending on your case.
Georgia also permits modification of visitation orders. The threshold of proof is not as demanding as that needed for a custody modification, and the court will look at the children’s best interest. An action for a modification of visitation usually involves a relocation of one of the parents that make visitation difficult or impossible; or a denial of visitation rights by the custodial parent.
The courts understand that circumstances change in any family, especially those navigating separation and divorce. The original order often is not the best.