Buckhead Child Custody Modification Lawyer

If your circumstances have changed significantly since drafting your current parenting plan, you may request a modification to your custody order to better fit your family’s new needs. A steadfast child custody attorney can help you request the appropriate modifications for your situation.

There are limitations on when modification can be made, however, and a parent asking for a change to their custody plan must adhere to specific legal procedures. A seasoned Buckhead child custody modification lawyer can help you file the correct paperwork, meet important legal deadlines, and represent you in court.

Initial Custody Orders Are Temporary

When parents first begin living apart, they need to manage who will care for the children and how they will divide their parental responsibilities. They do that through a temporary custody order.

When parents file for divorce, the divorce papers will include a request for a temporary custody order. Georgia family court judges usually hope to preserve the status quo in these cases. They favor the children continuing to live in the family home with the parent who remains there, with the other parent receiving generous visitation time. However, other arrangements are possible when the parents agree or circumstances demand it.

The temporary orders usually last for a short period, often 90 days, to give the parents an opportunity to establish separate households and allow the children to adjust. The temporary orders can be extended as long as the current arrangements continue to serve the children’s best interests. Our Buckhead child custody modification attorneys can request extensions when necessary while spouses are negotiating a final custody solution.

The Process for Establishing a Permanent Custody Schedule

Parents negotiating a separation or divorce must submit a parenting plan. The plan must contain a detailed visitation schedule. It must cover granular issues such as where the children will spend birthdays and holidays, which parent is responsible for transportation, how parents will divide or share decision-making authority, and how they will resolve disputes between themselves.

Ideally, parents negotiate and develop a joint parenting plan, which they submit to the court. The family court judge will review it and incorporate it into a final custody order if the judge agrees that the plan serves the children’s best interests. A Buckhead attorney can advise you on ensuring that your parenting plan reflects your children’s best interests.

When parents cannot agree on a plan, each submits their own preferred arrangement. The judge will review both and may accept one or substitute a plan. Absent an emergency or a significant change in circumstances,

the parents must work with the judge’s permanent custody order for two years before requesting a change.

How Do You Change Visitation Orders?

In some cases, a visitation or parenting schedule dictates how much time either parent has with their shared children. Official Code of Georgia Annotated §19-9-3(b) gives both parents the right to ask the courts to change this schedule upon a material change in either of their circumstances. Otherwise, a parent can request an alteration to visitation every two years without proving a qualifying change in circumstances.

However, the petitioner may need to propose a new parenting plan that will be better for their children. A Buckhead attorney can help you draft an updated parenting schedule and present it to a judge on your behalf.

Material Change in Circumstances

A parent can ask for a change in custody if their current order no longer suits their children’s best interests. Those seeking significant modifications must present convincing evidence that the changes promote their kids’ best interests. A variety of situations may constitute a material change in circumstances, and the courts review these cases on an individual basis to determine whether a custody modification is warranted.

Examples of qualifying circumstances include a custodial parent becoming unfit to care for their children as well as a child over the age of 14 requesting to live with their noncustodial parent, under O.C.G.A. §19-9-3(a)(5). A custodial parent who relocates out of state with or without their children may also warrant a material change in circumstances.

A parent in Buckhead seeking to make alterations to their legally binding parenting plan can benefit from speaking with a qualified lawyer about whether sufficient grounds for child custody modifications are present in their case.

Emergency Custody Orders

Situations sometimes arise that require parents to seek a change in custody arrangements urgently. When a child is in imminent danger or in other emergency circumstances, the court has an expedited process for changing custody.

A parent can petition a court for an ex parte order, meaning a temporary order without notice to the other parent. The petitioning parent must file a sworn statement describing the emergency, such as:

• The other parent is having a mental health crisis that endangers the children
• The other parent is exposing the children to someone, like a new partner, with a history of child abuse
• Domestic violence is occurring in the other parent’s home
• The other parent is abusing alcohol or drugs while caring for the children

If the Georgia family court judge agrees that the situation constitutes an emergency, they will issue a temporary custody order and set a date within a few days to hold a formal hearing. 

The sheriff will serve the emergency custody order on the other parent. At the hearing, both parents will have the opportunity to present their arguments for or against making the temporary order permanent. Anyone involved in an emergency custody proceeding should have the advice of an experienced Buckhead child custody modification lawyer.

Alterations for Military Deployments

Exceptions outlined in O.C.G.A. §19-9-3(i) allow a military parent to make child custody modifications according to their deployment schedule. While a judge cannot make permanent modifications for service-related travel, they may address temporary custody changes in preparation for a parent’s deployment on an expedited basis. A dedicated child custody alteration lawyer in Buckhead can provide valuable advice to a parent seeking to make modifications based on their military obligations.

Let a Buckhead Child Custody Modification Attorney Help Your Family

Parenting plans can have a considerable impact on familial relationships and the welfare of children. Knowledgeable legal counsel can explain your options for modifying your custody order and offer professional guidance during the process.

A skilled Buckhead child custody modification lawyer can help you pursue a parenting plan that is best for your family. Contact our intake team today to learn more about how an attorney can help advocate for your family.