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Modifying Child Custody | Atlanta Divorce

Scott Shaw | 729 Views | 10/22/2015

How to Modify Child Custody in Atlanta

In this video, I will be discussing the topic of how to modify a child custody in the State of Georgia. A Georgia parent trying to modify a prior child custody order, must demonstrate a material change of circumstances, and not just that the prior court order was a mistake. The fact that that a prior custody order is not in the children’s best interest or was a mistake or was obtained in an unfair manner or any other such issue, is irrelevant to a child custody modification case in the State of Georgia.

Court Orders

All that matters, is that there is a previous court order, a prior court order awarded custody of the children, and the order was not appealed. Once that order becomes final, any future child custody case will be a child custody modification case. The legal standard necessary to win a child custody modification case, is that you have to one, articulate, and then two, prove the existence of the material change in circumstances that effects the welfare of the child since the date of entry of the last custody order. Note, this does not require proving an adverse change of circumstances, but just that something material has changed since the day of the last child custody order that effects the welfare of the child.

Example of Custody Modification

For example, Georgia’s new child custody statute specifically states that a material change of circumstances includes the improvement of the health of a party seeking a change in custody. If the improvement of a parent’s health is a material change in circumstances, then why not improvement of that parent’s financial circumstances and their employment circumstances, their marital circumstances.

They’re leaving the military. They’re living next to a golf course, if for example, the child is a prodigy golfer. And a whole host of changed circumstances may qualify. The change in circumstances does not have to be detrimental, but just material to the welfare of the child, but the case needs to be done correctly. What constitutes a change in circumstances for child custody purposes, may or may not be straightforward. If you’re going to file a child custody modification, do it right.

By: Scott Shaw

Modifying Child Custody | Atlanta Divorce

How to Modify Child Custody in Atlanta

In this video, I will be discussing the topic of how to modify a child custody in the State of Georgia. A Georgia parent trying to modify a prior child custody order, must demonstrate a material change of circumstances, and not just that the prior court order was a mistake. The fact that that a prior custody order is not in the children’s best interest or was a mistake or was obtained in an unfair manner or any other such issue, is irrelevant to a child custody modification case in the State of Georgia.

Court Orders

All that matters, is that there is a previous court order, a prior court order awarded custody of the children, and the order was not appealed. Once that order becomes final, any future child custody case will be a child custody modification case. The legal standard necessary to win a child custody modification case, is that you have to one, articulate, and then two, prove the existence of the material change in circumstances that effects the welfare of the child since the date of entry of the last custody order. Note, this does not require proving an adverse change of circumstances, but just that something material has changed since the day of the last child custody order that effects the welfare of the child.

Example of Custody Modification

For example, Georgia’s new child custody statute specifically states that a material change of circumstances includes the improvement of the health of a party seeking a change in custody. If the improvement of a parent’s health is a material change in circumstances, then why not improvement of that parent’s financial circumstances and their employment circumstances, their marital circumstances.

They’re leaving the military. They’re living next to a golf course, if for example, the child is a prodigy golfer. And a whole host of changed circumstances may qualify. The change in circumstances does not have to be detrimental, but just material to the welfare of the child, but the case needs to be done correctly. What constitutes a change in circumstances for child custody purposes, may or may not be straightforward. If you’re going to file a child custody modification, do it right.

By: Scott Shaw