Coleman Legal Group, LLC
Call 770-609-1247 to speak with an Atlanta Child Custody Modification Attorney
There are several reasons a court may grant a child custody modification, however, one rule holds through no matter the circumstances: Georgia courts always act in the best interests of the child.
Here are several scenarios which may warrant a child custody modification action:
The fitness of one of the parents has changed: If one party’s ability to parent has changed significantly for the better or worse, this could warrant a modification action. The most common reasons why a parent may be found unfit include: mental/physical health issues, development of drug or other substance abuse problems, mistreatment, neglect, abuse and other poor parenting indicators.
Under Georgia law, one may modify an existing child custody order by limiting time and/or ordering all visitation with the child(ren) be supervised. If warranted, all visitations with the child could be suspended completely.
Alternatively, if your fitness as a parent has improved significantly, or your circumstances and ability to take care of your children have improved, you can file to get more time with your children or even obtain primary custody. Our attorneys can help you evaluate where you stand and build a case in your favor so that you can do what’s best for your kids.
One parent decides to move out of state, to a new city, or new school district: If your co-parent decides to move with your child, you should seek legal counsel to ensure that your parenting rights are respected. Your parenting plan will most likely need to be re-evaluated so that the conditions are fair to you and your kids, and this is best done through a child custody modification.
Furthermore, your child(ren)’s parent could be in violation of a court order if they have unilaterally decided to move away. In either case, it is in your best interest to respond quickly – not responding in a timely manner could raise questions about why you took so long to react.
Other situations affecting the best interests of the child, include but are not limited to:
– A new partner or spouse of the primary custodian parent is negatively impacting the child’s life;
– The child has developed emotional or behavioral issues;
– Poor supervision of the child has led to legal trouble or having problems in school;
– One or both of the parent’s schedules has significantly changed and is impacting the child.
In evaluating your modification action, the court may elect to appoint a Guardian Ad Litem (GAL) to represent the child. AGAL is a neutral third party who has the right to observe and investigate all aspects of child’s life in order to provide the court with a report on what is in the child’s best interests.
You should also keep in mind that once your child is between ages 11 and 14, he or she may have the right to speak to the court directly to the court about their custody wishes. If the child is over fourteen years, their opinion is taken into consideration more readily. However, while the judge has the option of listening to the child’s wishes, there is no legal obligation to follow them.
Our Atlanta Georgia uncontested divorce lawyers and attorneys handle cases in the following cities and communities: Atlanta, Alpharetta, Roswell, Johns Creek, Milton, Cumming, Marietta, Woodstock, Kennesaw, Gainseville, Midtown Atlanta, Norcross, Lawrenceville, Kennesaw, Duluth, Buckhead, Dunwoody, Vinings, and Smyrna.
Our Atlanta Georgia uncontested divorce attorneys frequently handle cases for clients residing in the following counties: Fulton, Gwinnett, Forsyth, Cobb, DeKalb, Henry, Cherokee, Douglas, Carroll, Coweta, Paulding, Bartow, Hall, Barrow, Walton, Newton, Rockdale, Henry, Spalding, Fayette and Clayton.
Coleman Legal Group, LLC’s Atlanta Georgia lawyers practice in the areas of Divorce, Family Law, Immigration, Bankruptcy and Business Law. We have two convenient offices located at:
Alpharetta Georgia Office
5755 North Point Parkway
Alpharetta, GA 30022
Atlanta Georgia Office
659 Auburn Avenue Northeast
Atlanta, GA 30312
Copyright © 2016 | Coleman Legal Group, LLC | All Rights Reserved. Coleman Legal Group, LLC • 5755 North Point Parkway, Suite 52 • Alpharetta, GA 30022 • 770-609-1247 DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
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