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Is a Material Change of Circumstances Affecting Minor Children Required to Alter a Temporary Custody Order?

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Publish Date: 09/23/2024

Modification of a Final Child Custody Order

No, a showing of material change of circumstances affecting the interests and welfare of the minor children is not required to modify a temporary custody order.

It is black letter law that to modify a prior final order on custody, the petitioner would first need to show a material change of circumstances that affects the interests and welfare of the minor children. If such a material change of circumstances is proven, then the trial court determines whether modification of custody is in the best interests of the minor children.

Some examples where modification of custody may be granted include a situation where one parent engages in repeated interference with the other parent's parenting time and a situation where an older child executes an affidavit expressing his desire to live with the other parent.

Modification of a Temporary Child Custody Order


However, the law is different when it comes to modifying a temporary order on custody. That is, a showing of a material change of circumstances affecting the children's interests and welfare is not a requirement to alter a temporary custody award. The trial court has wide discretion in modifying its temporary custody order.

In Hadden v Hadden, one of the issues on appeal was whether the trial court was authorized to alter its multiple temporary custody orders without a demonstrated change in material condition. Hadden v. Hadden, 283 Ga. 424 (2008). The Supreme Court of Georgia held that a showing of change in material condition is not required to modify a temporary custody order, reasoning that such standard applies to modifying final custody awards and not to temporary custody orders.

Should you have any questions about modifying custody of your child, contact Meriwether & Tharp today for a free 30-minute telephone conversation with an experienced family law attorney.

Written by: Daesik Shin

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Child Custody
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