Sometimes, an initial child custody arrangement ordered by the adjudicating court in Georgia may require modification due to a change in the circumstances of one or both parties. For instance, a parent’s change in living situation may warrant child custody modification.

Whether you are seeking a modification of your current child-sharing arrangement, or your former spouse is requesting changes, it is important to consult with a child custody attorney before any further action is taken. A dedicated Milton child custody modification lawyer can review your case and help you understand what legal options may be possible for your specific set of circumstances.

Requests by Minor Children

In certain cases, modification requests can be made by a minor child rather than one of the parents. Children who are as young as 11 may indicate which parent they would like to live with, but the court would need to determine whether their request is in their best interests before granting it.

Under specific circumstances, the court may allow a short-term custody modification of six months if the requesting minor is between the ages of 11 and 14. If a minor age 14 or older asks for a custody modification, the judge would likely provide more serious deliberation.

However, the best interests of the minor would remain the overriding factor in the final outcome of the custody case. A lawyer in Milton could further explain the circumstances in which a minor may be granted a child custody modification request.

Changes in Parental Competency

A change in a custodial parent’s competency since the implementation of their current custody order may also form the basis of a valid request for modification. If a parent’s ability to care for their kids is in question, the other party should consult with a Milton child custody alteration attorney as soon as possible to discuss what changes should be implemented to protect their children’s best interests.

Modification requests based on parental competency commonly involve a parent’s:

  • Physical limitations which adversely impact their ability to care for their child;
  • Drug or alcohol addiction; and
  • Propensity for committing family abuse.

Depending on the degree of a parent’s incompetency, the presiding judge may only permit monitored and limited visitation. In some cases, the parent’s visitation and custodial rights may be revoked if doing so protects the children’s best interests.

Relocating

One of the most common reasons for child custody modification requests is a parent changing residency, although it is not automatic grounds for a modification action. Parents have to notify each other of a change in residence at least 30 days in advance of moving, according to O.C.G.A. §19-9-3(f), so that either parent would have the opportunity to reassess visitation rights upon learning that the other is relocating. Usually, the parent would be permitted to change residency with the child, unless the other party can prove that relocating would not be in the child’s best interests.

Get Help from a Milton Child Custody Modification Attorney Today

If you need help filing or responding to a request for the modification of your current child custody order, one of our attorneys can provide invaluable assistance and counsel. From ensuring all procedural requirements are met to representing your interests before a judge, a Milton child custody modification lawyer can work to achieve a positive resolution on your behalf. Schedule your appointment with our intake team today.

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Atlanta Divorce Law Group

Sara Khaki
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Atlanta Divorce Law Group
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