The following form is a Petition that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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Modifying custody order A significant change is usually defined as a major life event such as a parent having to relocate for a new job or a parent who remarries. Significant changes in family circumstances also include the abuse of drugs or alcohol by a parent, parental abuse or criminal activity of parent.
?In all custody cases in which the child has reached the age of 14 years, the child shall have the right to select the parent with whom he or she desires to live. The child's selection for purposes of custody shall be presumptive unless the parent so selected is determined not to be in the best interests of the child."
Either parent may seek a change in custody or visitation in Georgia by filing a motion (written legal request) with the court. It's then up to the judge to decide whether to grant the request.
A divorce modification can be used to amend the terms for any part of a divorce, except for reversing the actual divorce. Some common reasons for filing a request for a divorce modification include changing the amount paid in child support, adjusting custody or the child visitation schedule.
This modified agreement (also called a "stipulated modification") may be made without court approval. If one parent later reneges on the agreement, however, the other person may not be able to enforce it unless the court has approved the modification.
If life circumstances change and the custody order needs to be modified, one party can file a petition to modify custody. To modify custody, they must prove that there has been a material change in circumstances that will impact the child's well-being.
Simply wanting a custody change is not enough to successfully petition for a modification. To modify custody in Georgia, you must show that there has been a material change in circumstances that will affect the child's well-being. Moreover, any change requested must be shown to be in the best interests of the child.
