Child Support/Custody Modification

Modification actions are controlled by specific statutory requirements. In the case of a custody modification, the party seeking the modification must show that there has been a substantial change in circumstance materially affecting the welfare of the child.  Once such a change has been shown, the party seeking the change must show that a change of custody is in the best interest of the child.

A change in child support has to be based upon the changed financial circumstances of one or both of the parties.  The court will consider many factors in determining whether a modification is appropriate in a particular case.

FAQ

My ex-spouse is moving out of state, how does that impact custody?

The Georgia courts have decided that a move out of state by a custodial parent is a substantial change in circumstance. The Court will examine what is in the best interest of the child(ren) under the circumstances.