Learn More>>Child Custody>>Challenging Custody Rulings

Recent changes in Georgia custody law have changed the way that child custody cases are determined when one party seeks to alter the child custody arrangement. The court hearing a request to alter a Georgia custody agreemenet must apply the best interests of the child test and, very importantly, cannot apply a "bright-line" test (the presumption that the custodial parent has a continued right to retain custody. This means that when requesting a change in custody, the initial custody award will not always control after any "new and material change in circumstances"t affects the child.

Whle a final divorce decree that fixes the custody of the children in Georgia is conclusive at the time the ruling is made, it is not conclusive for all time. If cikrcumstances change, such as the custodial parent becomes "unfit" for any number of reasons, neglects or mistreats the child, or other causes arise since the date custody was awarded, a parent may apply to change the custody of the child. The burden of proof is on the parent requesting a change in custody that the change in circumstances is important enough to re-open the issue as to custody. The best interests of the child is the primary consideration in deciding custody in Georgia and all other rights are secondary.

A common issue that arises in Georgia custody cases occurs when one parent relocates to a new area. In relocations cases, the primary consideratins is the best interests oft he child and any determination must be made on a case by case bassis. THere is no presumnption that a relocating parent will always lose custody and there is no presumption in favor of reloccation. There are a number of factors which have an impact on the children . These factors include a child's relationsip witha non--custodial parent, the child's ties to local schools and firends, the child's age, the stress and instability of relocation and the corresponding benefits of consistency and stability for the child, interests of the entire family, the custodial parent's reason for relocating, the dynamics of thee custodial parent's new family unit, and anoy other relevant factors.