Modifying Child Custody in Georgia

Child custody in Georgia is awarded in best interest of the child. The wishes and aspirations of the parents are not taken into consideration here. Other factors related to financial stability, emotional attachment and general welfare of the child is given more importance while deciding.

The common considerations are:

• Age of the child is given a lot of importance since younger children and toddlers should live with mothers. Mother is the primary care giver in the early years.
• The living situation of the parent is given due consideration and the parent living in family home is given custody so that children continue with their lives and do not need to be relocated elsewhere.
• General relationship between parents and records of meetings would affect judge’s decision profoundly.
• Relationship between child and each parent is given a lot of importance.
• The judge would consider a parent’s wishes to spend more time with children even if previously, the parent was unable to do so. The change of heart would be appreciated and decision taken with due consideration.
• Children above 14 years of age have the right to choose the parent they want to live with.

Parental suitability is the supreme factor considered while granting custody even if the child prefers to stay with another parent. This decision is taken with best interests of child in mind. Though this decision is largely based on subjective preferences of judge presiding over case, factors considered would ultimately lead to an apt ruling.

Modifications to child custody details usually arise in child support issues. The current economic situation has forced many people out of their jobs and many parents are finding it difficult to meet their child support commitments. Child support modifications can be brought about by proving these difficulties in court and child support payment amounts can be reduced.

Child support modifications are appropriate under many situations. If there has been a substantial decrease in income and financial status of the spouse, he can file for a modification. A request for reduction in child support can be filed if there has been a change in child custody. If due to circumstances, financial needs of the child changes a modification can be considered.

Child custody modifications are closely woven with changes in child support modifications. Many a time there are requests for changes in visitation rights, due to relocation of non custodial or custodial parent, age of child, and even custody can be contested at a later stage if custodial parent is found to be non competent in looking after the child.

All family law matters and those related to modifications in child custody can be worked out initially with a competent family law attorney so that various options can be tried out.