Often times there may be circumstances such as being laid off from your job, an unexpected trip to the hospital, or change in marital status where child custody and support modification is needed. Modification may involve lowering child support payments or receiving more child support. Therefore parents must agree on the change or have the judge order the change. If you think you need to modify your child custody and support agreement, consider the following five tips:

1. Plan Ahead: If you foresee changes happening that will affect your ability to pay child support, act quickly. Be responsible and inform all the appropriate parties. There are circumstances that may arise such as an injury or job loss as well as career change.
2. Inform Yourself: Keep yourself informed and up-to-date with the latest state rules and regulations. Consult with your family law attorney and also the Georgia Department of Human Services website for all child support services information and important notices.
3. Talk with the other parent to reach an agreement: Keep in mind your child custody and support agreement is agreed upon both the parents. Be civil and cooperative while undergoing changes to your agreement. If additional litigation is needed, it can be very costly and time consuming to reach an agreement. It’s in your best interest to be able to agree outside of the courtroom.
4. Keep making child support payments to the best of your ability: Continue to make your payments as required under your current child support order. The existing child support order remains in effect until the court issues a new child support order. It will only hurt you in the long run if you let your child support payments lapse and go unpaid.
5. Document your changes: If there are any changes to your current situation be sure to record all changes. Present any and necessary documents to your family law attorney and parties involved that may affect your modified child custody and support agreement.

If and when you have finalized your child support modification, be sure to file your request with the appropriate court and have it served to the other parent.

Speak with a caring child custody and support attorney. Our firm’s founder Mary Stearns-Montgomery has extensive experience representing the best interests of children in family law matter. Mary, along with our family law attorneys, act as advocates for families throughout the Atlanta and Marietta area and will help understand your options. Contact us today or complete our contact form and schedule an initial consultation today.

There are several terms we use in a child custody case including legal custody, physical custody, sole custody, and joint custody. The State of Georgia has its own set of laws on regulating and awarding child custody.

Georgia Courts Consider Best Interests of Child for Custody

In the State of Georgia, when making custody decisions, the courts consider the best interests of the child. Under Georgia law, a married couple is equal when it comes to child custody arrangements. The court may award joint custody or sole custody. Legal custody of a child means having the obligation and the right to make decisions about your child’s upbringing. A parent with primary legal custody can make final and major decisions about where the child goes to school, how they practice religion, who they receive medical care from, and extracurricular activities. Physical custody refers to where the child is physically living.

Georgia Children 14 Years or Older have Input

After a divorce, the issue sometimes arises where one of the parents decide to move out of state.  In Georgia, a parent may file for a modification of child custody or visitation, if there is a significant chance in circumstances, including moving over state lines.   Under some circumstances, this may be limited to once every two years.

In Georgia, there is no clear rule as to how relocation is handled; each case is evaluated on an individual basis.  The court primarily evaluates what is in the child’s best interest.  The court will evaluate all the circumstances surrounding the custodial parent’s move, and may determine that custody should be switched to the noncustodial parent. If the court finds that the relocation will not be in the best interest of the child, the court can switch custody to the noncustodial parent. Most often, the court will allow the moving parent to continue with their plans, but will set up a visitation schedule that accounts for the distance between the parties.  In some instances, the modification may account for travel costs necessary for visitation.

What Happens when Noncustodial Parents Move out of State? 

If a noncustodial parent wishes to move out of state, the visitation schedule will often be shifted to allow fewer, longer visits.  If the custody order needs to be modified, the court will, just as in the case of the custodial parent moving, concern itself with the best interest of the child.

As cases of relocation are evaluated on a case-by-case basis, it is all the more essential to have a practiced attorney on your side.  Contact the attorneys at Sterns-Montgomery and Proctor immediately if you are planning a move, or wish to ensure your rights are protected when your ex does.

Determining custody agreements in Georgia is a complex process during which the judge has multiple variables to consider.  In fact, there are seventeen factors listed in the Georgia code that outlines child custody proceedings that help the judge determine the idea living situation for the child.  But as the child gets older, a few additional considerations are added, primarily the child’s desired living arrangement.

Custody agreements when the child is over 14 years old

In instances when the child is 14 years of age or older, the child has the right to determine with whom he or she desires to live.  Unless the judge determines that this living arrangement is not in the best interest of the child, the child’s wishes will be abided.  If the child’s wishes do not coincide with the current custody agreement, a modification will be made to the custody order.  These agreements can only be amended once every two years, provided the child’s best interest is not endangered.  In other words, children over fourteen may choose their living arrangement but cannot modify it on a whim.

The child is older than 11 but younger than 14

In cases where the child is older than 11 but not yet 14, the judge shall consider the desires of the child, but maintains complete discretion in making the final decision.  The judge will also determine how the child’s wishes are to be considered.  When the child is in this age range, the judge may allow a guardian to report the child’s wishes on his or her behalf.  The pre-teen’s wishes also cannot constitute a modification in the custody arrangement.  The judge might, however, issue temporary custody, a sort of trial period, in accordance with the child’s inclination.  This temporary custody shall not exceed six months.

Issues of child custody can often be long and arduous, but these troubles can proliferate without the assistance of an experienced family law attorney.