Some Georgia parents who are subject to an existing child custody order may want to ask for a modification. This may be done in the event that they think that the child may be in danger. If a child is in immediate danger, a judge may order a modification right away. A modification may also be made if children say that they don't want to live with the custodial parent.
If a parent chooses to relocate, this may be grounds for modifying an existing order. Whether or not a modification is granted depends on the reason why a parent is relocating and whether or not doing so makes it impossible to stick to the original custody schedule. When a parent ignores the custody schedule, it may be possible to ask that it be changed to reflect the lack of interest.
In the event that a child's custodial parent passes away, a court may need to look at whether the noncustodial parent should assume full custody. A judge will look at whether the child desires to live with the noncustodial parent or with a third party. Other factors that will be considered include whether a noncustodial parent makes enough money to raise the child or otherwise has the time to do so properly.
In a child custody dispute, the best interests of the child are generally a top priority. Therefore, a parent may need to show how modifying a child custody order benefits his or her son or daughter when asking for changes. An attorney may be able to help a parent present evidence that may show that the child is in danger or has a noncustodial parent who is not interested in conforming to an existing order.
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