This guide provides an overview on how to get temporary custody of a minor. Topics covered include powers of attorney for care and custody, standby and other temporary guardianships, and temporary custody in divorce.
Georgia USLegal Guide to Temporary Custody
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Multi-State
Control #:
US-GDE-05
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Word;
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FAQ
Temporary orders Parents may agree on a temporary order. Otherwise, they can ask the judge to decide the details of a temporary order after listening to both sides in a hearing. A temporary order remains in effect until replaced by a final order, unless it's first modified by the judge or by the parents together.
If you have a lawyer, they will take charge of questioning. They will also give you advice and present the judge with legal arguments (e.g., references to previous decisions). Based on the information presented, the judge may: Issue temporary orders for custody, visitation and child support.
Custody orders stay in place until the child turns 18. 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.
In Georgia, child support orders may be modified upon a showing of a substantial change in either parent's income or financial status, or in the needs of the children. O.C.G.A. §19-6-15(k)(1).
Joint physical custody schedules In the 2-2-3 schedule, children live with one parent for two days, spend the next two days with the other parent, and then return to the first parent for three days. The starting parent switches each week.
To request a child custody modification in Georgia, a parent must file in the county where the original custody order was issued. The petition for custody modification should outline the reasons for the request as well as any supporting documentation, such as evidence of a significant change in circumstances.
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.
Georgia parents who wish to relocate with their children must notify their child's other parent, or obtain permission from the court. Following a divorce, it is common for people in Marietta, and throughout Georgia, to decide to move out of the state.