Keon Family Law

Georgia law permits a court to modify physical or legal custody of a minor child granted under a prior award upon a showing of new and material changes in the conditions and circumstances substantially affecting the interest and welfare of the child.(1) Surprisingly though, neither the governing sta...

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You’ve just suffered defeat in an action to modify child custody. You believe that the judge was biased, ignored your evidence, and issued a fundamentally unfair order changing primary custody of a child. Naturally, you hope that an appellate court will reverse the miscarriage of justice. But succes...

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Georgia law permits a court to modify physical or legal custody of a minor child granted under a prior award “upon a showing of a change in any material conditions or circumstances of a party or the child.”(1) In an action to modify a child custody award, if the court finds new and material changes...

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Georgia law permits a child aged 14 years or older to “select the parent with whom he or she desires to live.”(1) Nonetheless, an action to modify custody of the child making such a custodial election will not automatically succeed. This article addresses the available means to defeat the custodial...

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While Georgia statutes and appellate case law plainly state the findings required to modify a child custody award, the authorities remain less clear on allocation of the burden of proof in modification actions and its impact on a court’s ultimate determination. This article explores those subjects.

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