Sometimes after you have been divorced for a while, you may realize that your original child custody order is no longer working for your family. This can be a common situation among parents who are sharing their children. However, an alteration to a court order for child custody requires a material change in circumstances—like differing interests of children who are now older, to name just one example.

If you are in need of a more appropriate parenting plan that better suits your kids, legal help is available from a dedicated child custody attorney. Contact a Roswell child custody modification lawyer to find out what steps you can take to help your situation.

The Nature of Parenting Plans

A parenting plan can be a roadmap for how mothers and fathers share time with their children, and it would be beneficial to consult a Roswell child custody modification attorney before writing one. At the time of divorce, estranged spouses may have submitted a parenting plan to the Roswell courts to propose the terms of child custody. During a child custody modification, parents are encouraged to submit a new proposal for parenting time.

Physical Custody Versus Legal Custody

Legal custody and physical custody are technically different concepts, but a parent may have both at the same time. Physical custody, as defined in Official Code of Georgia §19-9-41(14), is “the physical care and supervision of a child.” Further, legal custody gives a parent the authority to make long-term and important determinations for their children.

Even if one parent does not have legal custody of their children, they may continue to make ordinary short-term choices for them when their children are in their physical custody. For instance, when parents have a child custody agreement, the person with physical custody on a particular day may generally make simpler decisions about meals, recreational activities, bedtime, and first aid.

Modification of Child Custody

If there has been a material change within a family, a parent can ask a Roswell court for an order that alters the current child custody plan, per O.C.G.A. §19-9-3(b). However, these requests can only be made once every two years.

A parenting agreement should always prioritize the best interests of the children it involves and maintain continuity in their lives as much as possible. With this in mind, it is important to consider the age and activities of each child when seeking to modify such an arrangement.

If the terms by which holidays, birthdays, and special occasions are currently divided no longer work, a new schedule may be proposed via an alternate parenting plan. This may be presented to a Roswell court during child custody modification proceedings.

Mothers or fathers who are thinking about a parenting plan change should consider talking with legal counsel. An experienced child custody modification lawyer in Roswell can file a request for a change in the terms of custody on a parent’s behalf.

Call a Roswell Child Custody Modification Attorney Today

If you require a change to your current child custody agreement, legal assistance is available from a Roswell child custody modification lawyer with experience in this aspect of domestic relations law. Make an appointment with our team today to begin the process of changing your parenting plan.

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