Custody modification help for Atlanta parents.
The custody order that fit your family a few years ago may no longer match life in Atlanta today. Georgia lets a parent ask the court to modify custody, but only after a real change, not just because things feel off. We help you figure out whether your situation clears that bar and how to move forward.
Daniels & Taylor serves Atlanta families from our office in Lawrenceville.
What most people pay for a case evaluation to learn
A Georgia custody or parenting-time order can be changed, but not just because one parent is unhappy with it. To change custody you must show a material change in circumstances affecting the child since the last order, and then that the change you want is in the child’s best interest (O.C.G.A. 19-9-3; Scott v. Scott, 276 Ga. 372 (2003)).
A parent’s planned move is one of the most common grounds. Georgia has no automatic rule for or against relocation; the court looks at how the move affects this child’s best interest, and it does not have to wait until the parent has already moved (Bodne v. Bodne, 277 Ga. 445 (2003)). When a child turns 14, the child can also choose which parent to live with, and that choice can itself be the material change that reopens custody, though it can be made only once every two years (O.C.G.A. 19-9-3(a)(5)).
How a Georgia custody modification case works
A custody modification is its own separate lawsuit, not something added onto a contempt case, and the petition is filed in the county where the parent who currently has custody lives (O.C.G.A. 19-9-23). The judge first decides whether a qualifying material change has happened, and only then weighs the child’s best interest under the statutory factors (O.C.G.A. 19-9-3(a)).
Because the standard is a real threshold, not every disagreement qualifies. Common grounds include a move, a change in the child’s needs, or a shift in a parent’s circumstances. We can tell you whether your facts are likely to meet the standard before you file, so you are not paying to litigate a change the court cannot grant.
A custody modification in Georgia revisits the original custody determination under the same best-interest standard once a material change is shown (O.C.G.A. 19-9-3), so a modification in Atlanta builds on the existing custody order.
Changing a custody order (modification) is legally distinct from enforcing one (contempt); Georgia treats a request to change custody separately from a motion to enforce it (O.C.G.A. 19-9-23(b)), so a parent in Atlanta generally seeks contempt to enforce an order and modification to change it.
Common questions about custody modification in Atlanta
When can a custody order be modified in Georgia?
On a showing of a material change in circumstances affecting the child since the last order; the court then weighs the child’s best interest (O.C.G.A. 19-9-3(a)).
What does not count as a reason to modify?
Ordinary disagreements or minor friction generally do not meet the threshold; the change must be substantial and affect the child.
How long does a modification take?
It varies with the issues and the court’s calendar; we help you build the strongest case for the change you are seeking.
Whether your situation clears the bar. Call (770) 285-1673 for a free case evaluation.
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