Common Reasons to Modify Child Custody
There are several
reasons one might want to change their child custody agreement. As time passes,
children grow and circumstances may change from the time when the child custody
arrangement was ordered.
A parent may move away
from the area where they lived during the initial child custody determination for
work, marriage, to be closer to family members, or for a change in community. A
Modification of child custody may be necessary where there are instances of
substance abuse or physical abuse.
On occasion, a
child may decide that they would prefer to spend more time with one parent and
less time with the other parent. Pursuant to Georgia law, a judge may consider the
desires of a child between 11 and 14 years of age when determining which parent
shall have custody, and a child age 14 or older may elect which parent they
want to be their physical custodian, so long as the child's election does not conflict
with the best interests of the child.
Whatever the circumstance
may be, significant changes in the child's life could be appropriate for a Modification
of child custody.
How Do I Change My Child Custody Agreement?
If you feel that your
current child custody arrangement no longer suits your child's situation, you
can file a child custody Modification action in court. In order to file a child custody Modification,
you must be able to show that there has been a material change of condition,
which substantially affects the interest and welfare of the child, shown by new
evidence since the previous child custody Order.
The parent
petitioning the court for a Modification of child custody also must show that a
change in custody would be in the best interests of the child involved. Sometimes, a court will appoint a Guardian ad Litem to analyze the
case and prepare a report for the court regarding what would be in the child's
best interests.
Written by: Rebekah Ann James