Custody modification help for Brookhaven parents.
A custody order entered years ago, or by default when one parent did not take part, can leave a Brookhaven family stuck with terms that never really fit. Georgia lets you return to court to bring an outdated order in line with reality. We help you replace a stale arrangement with one built for your children today.
Daniels & Taylor serves Brookhaven 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 request to change custody is generally filed in the county where the parent you are filing against lives (O.C.G.A. § 19-9-23(a), which applies the Georgia Constitution’s general venue rule). 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 Brookhaven builds on the existing custody order.
Changing a custody order (modification) is legally distinct from enforcing one (contempt); in Georgia, a request to change custody cannot be made in response to a contempt motion or other action to enforce the custody order (O.C.G.A. 19-9-23(b)), so a parent in Brookhaven generally seeks contempt to enforce an order and modification to change it.
Common questions about custody modification in Brookhaven
Can I modify an old custody order?
Yes. If circumstances have materially changed since the order, you can seek a modification regardless of how long ago it was entered.
What if the original order was entered by default?
An order entered without your participation can still be modified on a proper showing; we help you bring your side fully before the court.
Does an outdated order just stay in effect?
It remains binding until changed, which is why returning to court to update it matters when life has moved on.
An order built for your children today. Call (770) 285-1673 for a free case evaluation.
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