Custody & Visitation Modifications

Adapting custody arrangements to meet your family's changing needs

When Life Changes, Your Custody Arrangement May Need to Change Too

As life brings about changes for you and your family, sometimes what is best for your children may change as well. Custody modifications can be sought based on major life changes such as one parent moving to another state, unsafe conditions for your child in the custodial parent's home, or changes in your child's behavior based upon the home environment.

Parenting time and visitation modifications can be sought as well to modify a prior parenting time and visitation order. Whatever situation arises, Stewart Family Law can evaluate the problem and recommend a course of action that is best for you and the needs of your child.

Common Reasons for Custody & Visitation Modifications

Post-judgment modifications to custody and visitation are common and should be handled through an attorney in the court of law.

Life Changes

  • Remarriage of either parent
  • New job in a different state
  • Change in work hours or schedule
  • Birth of another child
  • Relocation to another state

Child Safety & Welfare

  • Unsafe conditions in custodial parent's home
  • Neglect or abuse concerns
  • Substance abuse by a parent
  • Changes in child's behavior or needs
  • Mental health concerns

Substantial Change

Must prove a material and substantial change in circumstances that is:

  • Continuing (not temporary)
  • Affecting the child's welfare
  • Unforeseen at the time of original order

Best Interests

Even with substantial change, modification must serve the child's best interests:

  • Child's physical and emotional needs
  • Stability of home environments
  • Each parent's ability to care

Two-Year Rule

In Georgia, after two years from the original order:

  • Judgment may be reevaluated
  • No need to prove substantial change
  • Focus on current best interests

The Custody Modification Process

Understanding the legal steps involved in modifying custody arrangements

Filing the Petition

  • Submit petition to modify custody
  • Include detailed reasons for modification
  • Provide evidence of changed circumstances
  • Serve other parent with court papers
  • Pay required filing fees

Court Proceedings

  • Attend mediation if required
  • Present evidence and witnesses
  • Cross-examination of other party
  • Judge evaluates best interests
  • Final custody order issued

Important Considerations

Timing Matters

File promptly after circumstances change. Delays may weaken your case.

Documentation

Keep detailed records of all relevant events and communications.

Legal Representation

Experienced legal counsel is essential for successful modifications.