Sometimes an ex-spouse may feel the need to have their child custody order changed well after their divorce has finalized. If you are not sure how to change your current parenting plan, consider retaining a skilled member of our firm who has experience with this particular aspect of family law. A Cobb County child modification lawyer can facilitate a smooth transition to a new custody and visitation plan.

What Does it Take to Pursue Child Custody Modification in Cobb County?

The courts can alter a current custody and visitation order if circumstances warrant it, and the motion to do so can come from a parent, judge, or the children themselves. Official Code of Georgia §19-9-3 allows an attorney or judge to file a request on behalf of a parent for modification of a custody agreement when there has been a material change in the lives of the children or family.

A Cobb County child custody modification attorney can file a request for a new child custody order on your behalf. It should be noted, however, that requests to reschedule parenting time may only be made once every two years.

Temporary Changes for Deployment

It may become necessary to alter a child custody order because of a parent’s deployment or involvement in the armed forces. O.C.G.A. §19-9-3 permits a court to make a temporary alteration to a parenting schedule based on the following criteria:

  • A non-deployed parent shall make the children reasonably available to a military parent immediately before deployment;
  • Children should be allowed time with a deployed parent during leave or furlough;
  • Children shall be afforded opportunities to communicate with a military parent by telephone, email, or video without interference by a custodial parent; and
  • A deployed parent shall inform the other parent about the details of their schedule, including departure and return dates.

Can Kids Make Requests to Modify Custody in Cobb County?

The needs and interests of children can change as they grow older, so Cobb County courts may allow them to influence certain decisions about their lives with their parents. Children ages 14 and older may choose the parent with whom they wish to reside, but the courts may deny their request if it is deemed that their choice is not in their best interest, according to O.C.G.A. §19-9-3(a)(5). Similar to parents, teens 14 and older are permitted to make a change in their decision about where they want to live once every two years.

Children Ages 11-14

Children who are at least 11 may make an initial request for modification of child custody, and if the courts deem it to be in line with their best interests, they may order a temporary change in primary custody for a period of six months. A child custody modification lawyer in Cobb County can help with cases where minors want to weigh in on which parent they want to live with.

Call a Cobb County Child Custody Modification Attorney Today

Cobb County courts seek to promote the best interests of children in custody cases. If you believe that your current parenting plan is not adequately benefiting your kids, a Cobb County child custody modification lawyer can help you raise this issue with the judiciary. Make an appointment with our team today to learn more about your options.

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