Top 5 Reasons for Child Custody Modifications

Child custody arrangements are designed to serve the best interests of the child during and after the divorce or separation. However, as circumstances change, it may become necessary to modify the existing custody arrangement.

To modify custody, you “must prove that there has been a material change in circumstances that will impact the child’s well-being.” A Conyers, GA, Child Custody Lawyer from M. Qader A. Baig & Associates, LLC, can help you petition the court for custody modifications.

Petitioning the Court for Custody Changes

In Georgia, child custody orders can be modified by filing a petition with the court. To successfully modify a child custody order, you must demonstrate that there has been a material change in circumstances that affects the child’s well-being. Once the petition is filed, the court will review the case to determine if a modification is necessary.

“In all custody cases in which the child has reached the age of 14 years, the child shall have the right to select the parent with whom he or she desires to live. The child’s selection for purposes of custody shall be presumptive unless the parent so selected is determined not to be in the best interests of the child” (GA Code § 19-9-3 [2023]).

Top Child Custody Modifications

Here are the top five reasons for child custody modifications:

1. Relocation: One of the most common reasons for child custody modifications is when one parent decides to relocate. This could be due to a new job, remarriage or other personal reasons. If the relocation significantly impacts the current custody arrangement, it may warrant a modification.
2. Change in the child’s needs: As children grow older, their needs and preferences may change. This could include changes in schooling, extracurricular activities or healthcare requirements. If the current custody arrangement no longer aligns with the child’s best interests, a modification may be necessary.
3. Parental alienation: In some cases, one parent may attempt to alienate the child from the other parent. This behavior is harmful to the child and may warrant modifying the custody arrangement to protect the child’s relationship with both parents.
4. Substance abuse or domestic violence: If one parent has developed substance abuse issues or has been involved in domestic violence, it could significantly impact the safety and well-being of the child. In such cases, it’s crucial to seek a modification to ensure the child’s safety.
5. Child’s preference: If a child expresses a strong desire to live primarily with one parent over the other, even as early as age 11, the court may consider this as a reason for modifying the custody arrangement.

Seeking a child custody modification can be complex and emotionally challenging. You should always obtain seasoned legal advice and support to navigate this process effectively and ensure the best outcome for your child or children.

Atlanta Child Custody Lawyer

M. Qader A. Baig & Associates, LLC, near Atlanta provides seasoned and wise counsel for families when they consider child custody order modifications. We are a fair and objective third party who can negotiate and represent you before the courts in these matters. Contact us today to schedule a free consultation.