Child Custody and Visitation — Modification of Attorney in Atlanta, Georgia

Modification of Custody or Visitation: Under what circumstances might an order for custody or visitation be modified?

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A large part of what I do are called modification cases. So a modification case is where parties already have an order and one or both of those parties is seeking to change that order. It could be for a variety of reasons. The general legal standard is that there has been a substantial change that has affected either the parties or the children. In terms of child support usually that substantial change is to income, someone has lost a job, a child has more expenses. Modifications are usually much more complicated. One party wants to move away to Alaska. Another party, you know, unfortunately, has a drug and alcohol problem. A child is having significant anger issues against one parent. So with modifications of custody it’s really anything that has changed that has affected the welfare of a child that party can come in and ask the court to alter the parenting plan, alter the custody order, and again, using that standard of what’s in the best interest of this child or children.

Atlanta, GA family law attorney Regina I. Edwards talks about modification of custody/visitation. She explains that a significant portion of my work involves handling modification cases. These cases arise when parties already have a court order in place and one or both of them seeks to modify or change that order. There can be various reasons for seeking a modification. Generally, the legal standard requires demonstrating a substantial change that has impacted either the parties involved or the children.

In the context of child support, a substantial change often relates to income. For example, if one party loses their job or if there are increased expenses related to the child. Modifications can be quite complex in nature. They can involve situations where one party intends to relocate to a distant location like Alaska, or where a party is struggling with drug and alcohol issues. It could also involve instances where a child is experiencing significant behavioral problems or harbors strong negative feelings towards one parent.

When it comes to custody modifications, any change that affects the well-being of the child can be grounds for a request to alter the parenting plan or custody order. In these cases, the court uses the standard of determining what is in the best interest of the child or children involved.

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