Family dynamics can change as children grow, so your current child custody agreement may no longer meet the needs of your children. If so, you have the right to request that your agreement be changed in accordance with any material changes to your family.
If you or your children have developed a need for a modified child-sharing plan, our team of seasoned child custody attorneys can help you file a motion with the court. A Sandy Springs child custody modification lawyer can assist you in obtaining an order that works for your family.
Under Official Code of Georgia §19-9-3(b), parents may seek a modification to their current child custody order once every two years when there has been a material change in circumstances. Parents who want to petition the court for a modified parenting plan should speak with lawyer in Sandy Springs who can file a request for a new child custody order on their behalf.
Just as parents are asked to create their own parenting plan during divorce proceedings, they may be requested to do so for custody modifications as well. A judge would evaluate whether a proposed implementation would be in the best interests of the children by examining their ages and developmental needs, per O.C.G.A. §15-11-26. If a child custody order is to be modified, it should ensure that the kids receive love and bonding time with both parents when circumstances allow it.
Sandy Springs courts may allow kids to start making decisions about their living situations if they are mature enough to do so. Fortunately, a skilled Sandy Springs child custody modification attorney would be well-versed in such matters.
Once children reach their 11th birthday, they may start to participate in custody proceedings. Although children aged 11 to 13 are too young to request a permanent placement with a parent, they may ask for a temporary custody order. Specifically, they can indicate to Sandy Springs courts which parent they would prefer to live with, and a judge can order that placement for a period of six months before reviewing the decision at the end of the half-year period.
O.C.G.A. §19-9-3(a)(5) allows children aged 14 and older to communicate to a local court which parent they want to live with, but the courts can dismiss such decisions if they do not reflect the children’s best interests. Kids ages 14 and up may request to alter their primary living situation once every two years, but there must have been a material change in circumstances before a judge can make modifications to their custody order.
If you would like to have your court-ordered child custody plan changed because of a material change in family life, a dedicated Sandy Springs child custody modification lawyer can help. Contact our team today for assistance completing the required forms and constructing a new parenting plan that meets your unique circumstances and needs.
Atlanta Divorce Law Group