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What is the procedure under GA state child custody laws to seek custody modification

Asked over 3 years ago - Roswell, GA

I live in Atlanta, Ga. My wife currently has physical custody and we both have legal custody of our 11 year old. She has decided that due to some extreme stress in her home, that my son should come and live with me full time. She has agreed to give me physical custody. What do I need to do to have the custody modified? Our original divorce was grnted in Barrow county, but now we both live in Fulton county. I assume we need to have this done through the court? How involved is the process when both parties agree?

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Attorney answers (2)

Peter Christopher Lomtevas

Reputation Level 14

Answered over 3 years ago. Child Custody Lawyer in Jamaica, NY.

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I am admitted in Georgia.

Run to your local family court and file a petition for a modification of custody. Have her execute a stipulation giving you custody and file it with the court which will enter an order on consent.

Do not leave the matter alone. Federal law compels the use of the court in everything involving children. Suppose you had custody but owed the mother child support. The court cannot waive arrears retroactively. This means if you have a child support payment going to her, she can claim it even though you have the child unless you go to court to shut it off.

So file now.

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Shea Evans Roberts

Reputation Level 10

Answered over 2 years ago. Family Law Attorney in Atlanta, GA.

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You will need to file a modification of child custody petition. Georgia Superior Court judges now require a parenting plan that will set out visitation, child support, ect. You can file this in Fulton County since all of you live in Fulton County. And you can agree to the terms of the parenting plan and have the Court enter an order setting it out as the new custody order for you, your ex and your children. The process should be relatively easy since you all agree.

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