Custody modification guidance for Kennesaw families.
Kennesaw families change, a new job near KSU, a move, a child’s evolving needs, and a custody order written years ago can stop fitting. We help you modify it so it works for your family now.
Daniels & Taylor serves Kennesaw families from our office in Lawrenceville.
What most people pay for a consultation 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 Kennesaw 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 Kennesaw generally seeks contempt to enforce an order and modification to change it.
Common questions about custody modification in Kennesaw
What counts as enough of a change to modify?
A real, significant change affecting your child; we’ll tell you honestly whether yours qualifies.
How soon should I act?
When circumstances have clearly changed, sooner is better; we’ll advise on timing.
Where is a custody modification filed?
A custody modification is a separate court action, generally filed in the county where the parent who currently has legal custody lives, not automatically the county where you or the child live (O.C.G.A. 19-9-23). Because the correct county depends on your specific situation, we can confirm the right venue before you file.
Let’s bring your custody order up to date. Call (770) 285-1673 for a free case evaluation.
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