It can be difficult to share your children with your ex-spouse, especially when the current parenting plan is not working. Fortunately, a child custody agreement does not have to be permanent, and with a qualified child custody attorney’s help, alterations can be made to a parenting plan when necessary. A Marietta child custody modification lawyer can assist with filing motions in court to facilitate a more favorable outcome.
Marietta courts are required to put the interests of the child first when making custody decisions, per Official Code of Georgia Annotated §15-11-26. Judgments concerning child custody modifications must consider the age and developmental needs of the children and ideally should work to ensure that they receive emotional bonding, love, and ties with both parents. The courts will try to account for several factors in determining what parenting schedule would most benefit the children, such as maintaining continuity in each child’s life and the home environments of both parental residences.
Per O.C.G.A. §19-9-3(b), a parent may file a motion for the alteration of a custody agreement when there has been a material change in the lives of the children or family. A judge can also make a motion for modification based on similar circumstances. An experienced Marietta child modification attorney would be familiar with the general content of court orders altering a current parenting plan.
Sometimes, a member of the military may need an immediate change to the child custody order because of a deployment. Per O.C.G.A. §19-9-3, a court may make this temporary change to the child custody plan for members of the armed forces, and local courts will generally make an effort to expedite this process, given the unique and time-sensitive circumstances.
Generally, the court would order the parent who is not being deployed to make the child available for parenting time with the soldier who would be leaving for military service. In addition, the deployed soldier should be able to have physical custody of the child during a leave or furlough.
While a military parent is deployed, the court generally includes communication guidelines in a temporary custody agreement. The court may order that the child can speak with the military parent by telephone, email, or video without interference by the custodial parent. A lawyer in Marietta can provide further clarification about how the child custody modification process works for servicemembers and their families.
Depending on the circumstances, you do not necessarily need to keep the same custody agreement until your kids turn 18. Marietta courts are aware that children grow and change, and their needs become different as the years progress.
If you are interested making changes to your current parenting plan or have life changes that warrant a modification, an experienced Marietta child custody modification lawyer can assist you with the process of altering your custody and visitation schedule. Make an appointment today to discuss your options with our team of dedicated legal professionals.