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If I have an agreed order regarding custody, can I file for a modification at anytime?

Atlanta, GA |

If I have an agreed order, not a court order, can it be modified at anytime, or do I have prove a change of circumstance? I no longer think our agreed order meets our child's best interest.

Attorney Answers 3


You have said that it is "agreed", but not that it is a court order. Your question is confusing, because if the Court has not adopted and incorporated it, then it isn't an "Order". You can modify, but it takes a two-year minimum from the first child custody ORDER entered, after the first modification.

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Your question as posted can't be answered. You say you have an "agreed order" and then say you don't have a court order. Both statements cannot be true. Which is true? Which isn't?

If there is a court order, you may or may not be able to modify it depending on when it was done and the reason for a change.

If there is not a court order, then there is nothing in place about custody at all and there is nothing to modify and you'd be filing a case from scratch.

Either way it is absolutely essential that you get a lawyer.

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There is no such thing as an "agreed order". If there was an agreement reached pursuant to a court action and the agreement was signed by a judge, then it is a court order. You can modify the court order by filing for modification as long as you qualify for modification. If there was an agreement reached between you but no court action was ever initiated/resolved, then you have an unenforceable agreement. You would have to file to initiate an action (as there is not yet anything to modify).

I hope this information helps answer your question(s).

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The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.

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