Child Custody Modification Process
Getting Started
A Petition for
Modification of Child Custody is a civil action which may be filed by either
parent. This action is a separate legal action from any previous Divorce case.
In order to modify
custody, Georgia law requires a substantial change of conditions shown by new
evidence since the previous court order. The parent petitioning to modify
custody must also show that a change in custody is in the best interest of the
child.
Where to File
Once an initial
determination of child custody has been made, any complaint seeking to modify
or change the legal custody of the child shall be filed by the non-custodial
parent in the county of residence of the legal custodian of the child. However,
if the legal custodian seeks a change of legal custody or visitation rights,
the custodian must file a Modification action in the county where the Respondent (non-custodial parent) resides.
Service
Once the Petition
for Modification of Child Custody has been filed with the court, it must be served
on the Respondent/Opposing Party by sheriff or private process server. The
Opposing Party has 30 days from the date of service to respond to the petition with
an Answer and make any counterclaims.
Discovery
Once the Answer has
been filed and served on the Petitioner, the Discovery period will begin. During
the Discovery process, parties will gather relevant case information and
evidence from the opposing party.
Settling the Case
Not every case ends
by an expensive, lengthy trial in front of a judge. In fact, most cases are settled
outside of court before they make it to a final trial.
Attorneys may exchange
and confer on settlement terms once they have an understanding of the important
facts in the case. Commonly, the parties may try Mediation and/or Arbitration
in an attempt to resolve the case. Only a small percentage of cases are unable
to settle and will proceed to a Final Trial in front of a judge.
Written by: Rebekah
Ann James