Substantial changes may happen after the initial child custody court order was finalized. It may be deemed necessary to modify the existing court order to protect the interests of the child. Discover frequently asked questions about child custody modification in Georgia.

What factors must be present to pursue modification?

Two factors must be present to have a child custody modification hearing. First, you must show that a significant change has occurred since the initial child custody case. For example, if the parent has a drastic change in their work schedule or has a long-distance move planned. Second, you must prove that the modification is in the best interest of the child, not only for your gain.

When can I pursue modification to my child custody case?

Two years must have passed since the original child custody decision was made, unless there are extreme circumstances present. If you are eager to get started before the two-year mark, talk to a family law attorney about your case.

How will a judge decide what is in the child’s best interests?

A judge will look at every aspect of the situation for the child – emotionally, socially, physically, mentally, and more – before deciding how to proceed in the modification case. Certain factors he will consider include:

• Bond between the parent & child
• Distance from school district & friends
• Ability to provide for the child
• Financial stability

Will child custody and child support be addressed?

In most cases, both child custody and child support will be addressed during the modification case, as both are so closely tied to each other. Your family law attorney will listen to your wishes and help you determine what requests should be made to the judge.

In Georgia, can a child choose which parent to live with?

Yes, a child can choose which parent to live with upon turning 14 years old. Until a child turns 14 years old and legally chooses which parent to live with, both parties will need to honor the court’s decision concerning visitation and physical/legal custody.

Partner with Eittreim Martin Cutler for Your Child Custody Case

An experienced and compassionate family law attorney can help your child custody case go smoothly and pursue the best possible results. If you’re considering divorce or a modification to your current child custody case, talk to us today: 770-225-7000