English
EspañolIf a custody/visitation order is already in place, can I get it changed?
Whether or not you will be able to change the custody/visitation order may depend on what part of the order you want to change.
Changing the visitation / parenting time portion:
Either parent can go back to court to request to change to the visitation/parenting time portion of the custody order at any time as long as a request is not made more often than once within a two-year period from the last custody decision. You do not need to show a change in circumstance to change the visitation/parenting time portion of the custody order.1
Changing the custody portion of the order:
To modify (change) the custody portion of the order, you will need to show that there has been a change in any material conditions or circumstances of either parent or the child. One possible change in circumstances could be a child’s preference to live with the non-custodial parent once the child turns 14.2 See At what age can my child decide which parent s/he wants to live with? for more information on children’s custody preferences. In addition, a military parent’s absence because of his or her deployment (or possible future deployments) cannot be the only factor used to claim that there has been a change in material conditions or circumstances of either parent of the child. However, the judge may consider evidence of the effect of the deployment in determining if there has been a change in material conditions or circumstances of either parent or the child.1
After a change of custody has been requested, the judge may temporarily change the terms of the custody order until a final custody decision is made by the judge.3
1 Ga. Code § 19-9-3(b)
2 Ga. Code § 19-9-3(a)(5)
3 Ga. Code § 19-9-3(e)
If I move to a new state, can I transfer my child custody case there?
After a final custody order is issued, there may come a time when you and your children move to a different state. For information about how to request to transfer the custody case to a new state, please go to the Transferring a custody case to a different state section in our general Custody page. However, it’s important to keep in mind that you may likely first need to get permission from the court or from the other parent to move your children out of state. Please talk to a lawyer to make sure your plans to move don’t violate your custody order or your state’s parental kidnapping laws.
