Change of Child Custody

Child Custody Modification

In Georgia, a change of condition of either party or the child can result in child custody modification. In a change of custody case, the prior custody award will not always control after a showing of any new and material change in circumstances that affects the child. There are a number of circumstances that the Court has previously held to be a “material change in circumstances”. For instance, some change of custody matters takes place upon a child’s 14th birthday once they generally attain the ability to select which parent they wish to reside with. The particular facts of a case will determine the results of a change of custody action.

The parties must get the court’s approval for any agreement they sign because otherwise, enforcement is impossible. A  court order is the only way a child support modification can be legal. Parents should work together to reach agreements that are in the best interest of the child/ren. However, they must also obtain the courts’ approval to ensure the enforceability of such an agreement. The court will decide the matter based on the best interests of the child.

Modification of Visitation Rights

The county of the residence of the legal custody of a child should be the venue for any child custody modification. The Petitioner must file the case as a separate action. The superior court has the authority to transfer the determination of visitation to the juvenile court. The parties of such action can waive the jurisdiction of the person and venue. Therefore, the previous county can hear the case if the party files a new suit and the parties waive jurisdiction of the person and venue.

To schedule a comprehensive consultation with Attorney Tiffany R. Lunn to discuss a child custody modification, Contact Us online or call our law office at 770.492.2974.