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...
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...
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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A custodial spouse’s relocation at best creates some inconvenience for the non-custodial spouse in exercising visitation rights. At worst, such relocation can substantially interfere with the parenting time to which the non-custodial parent otherwise would enjoy. But does an intended or already-comp...
With certain exceptions, Georgia law precludes a child support obligor from seeking downward modification within two years from the date of the final order on that parent’s previous petition to modify child support.(1) The purpose of that limitation is to protect parents from excessive litigation ov...