Custody modification help for Roswell parents.
In Roswell, a child turning fourteen can itself be a turning point for custody. Georgia gives a 14-year-old a real voice in which parent they live with, and that election can be grounds to revisit the order. We help you understand how a child’s choice fits into a modification and what the court will weigh.
Daniels & Taylor serves Roswell 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 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 Roswell 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 Roswell generally seeks contempt to enforce an order and modification to change it.
Common questions about custody modification in Roswell
Can a 14-year-old choose which parent to live with?
A 14-year-old’s selection is presumptive unless the court finds it is not in the child’s best interest, and it can support modifying custody (O.C.G.A. 19-9-3(a)(5)).
How often can custody be revisited on a child’s election?
A child’s election generally allows revisiting custody once within a two-year period; we help you time and present it properly.
Do younger children get a say?
From 11 to 13 a child’s wishes are considered but are not controlling; the court still decides on the child’s best interest (O.C.G.A. 19-9-3(a)(6)).
How your child’s choice fits the case. Call (770) 285-1673 for a free case evaluation.
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