A custody order in Georgia contains terms regarding legal and physical custody. Legal custody means which parent has the power to make major decisions on behalf of a child. Physical custody, also called parenting time, is which parent a child lives with and when.
Understanding legal custody and parenting time
Courts typically grant joint legal custody, which gives each parent equal power over major decisions, such as decisions over education, healthcare and religion. Joint legal custody means neither parent has veto power over the other.
Parenting time is decided based on a child’s best interest. Shared parenting time is presumed to be in a child’s best interest although courts can award one parent with more parenting time depending on the circumstances.
It is not uncommon for one or both parents to be unhappy with a custody order and seek a change. Even if you are happy with your custody order, there might come a time when the terms do not work for you anymore.
Georgia law allows you to request a change to your custody order in two circumstances. You can petition for a modification once every two years from when the last order was entered.
However, you can petition to modify your custody order at any time if you prove there has been a material change of circumstances that makes a modification necessary.
What does a material change in circumstances mean?
The key word here is “material.” This means major or substantial. For example, you cannot request a modification of your custody order because your co-parent was five minutes late to one custody exchange. However, repeated violations of a custody order could meet the definition of a material change.
Other examples of a material change in circumstances include a change in employment, a change in a child’s medical needs or a negative change in a child’s home environment. A parent wanting to relocate for employment or other reasons is almost always considered a material change in circumstances, justifying a request to modify a custody order.
A child getting older could also be a material change in circumstances. A child over the age of 14 who can articulate their custody preference or a change in a child’s needs as they get older might allow you to modify your order.
Proving your case for modification
Having a material change in circumstances allows you to petition a court to modify your custody order, but it is not guaranteed that you will receive the modification. Although you may qualify to file a modification petition, you must prove that the modification you request is in your child’s best interest.
This is done through testimony and evidence you present to the court. A court will consider the main factors involved in deciding child custody, such as the bond between each parent and the child, the parenting ability of each parent, the home environment of each parent and each parent’s ability to provide continuity, stability and security for the child.
These are just a few of the factors a court considered. There are 17 total factors. Obtaining a change in custody is often challenging. Courts are reluctant to change a child’s routine without proof that a change is in their best interest.