Summary
To modify a parenting plan in Georgia, a parent must show a material change in circumstances that substantially affects a child's best interests. While parenting plans aren't easily changed, Georgia courts do allow modifications when a child's welfare is impacted.
- Parenting plans can be modified if a significant change in conditions affects the child's well-being, safety, or stability.
- Common reasons include changes in a parent's work schedule, relocation, or concerns about the child's physical or mental health.
- Parents may modify a plan through mediation or negotiation, which is often faster, less expensive, and less adversarial.
- Courts always prioritize the child's best interests, and guidance from a family law attorney can help clarify eligibility, process, and likelihood of success.
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Child custody arrangements and parenting plans are part of every divorce in Georgia that involves minor children. These determinations are made either by the parents reaching an agreement or, without such an agreement, the court reaching a decision based on the child's or children's best interests.
These agreements cannot be changed on a whim at the official level. However, it is possible to modify a parenting plan when the parenting situation changes, and a parent can show that the change of condition substantially affects the interest and welfare of the child.
So, how can you make a modification of a parenting plan in Georgia? Keep reading for a guide to the major steps in the process, as well as answers to related questions about this topic.
The Basics of Changing a Parenting Plan in Georgia
Parenting plans can change for a wide variety of reasons. In some cases, a parent might suspect or know that the other parent no longer offers a safe, supportive, and stable environment for a child's physical and mental well-being.
In other situations, a parent might be perfectly capable of providing good support, but face issues such as a work schedule or other obligations that interfere with providing care.
As the Judicial Council of Georgia explains, parents who were married before their divorce have equal rights to visitation and custody. However, the court ultimately decides what is in the best interest of the child.
When the parenting situation differs from its status at the time the court makes that decision, it is possible to modify a custody agreement. Georgia.gov points out that if a material change in circumstances is thought to impact a child's well-being and can be proven, it is possible to modify a parenting plan.
While there are no absolute guarantees for securing changes to a custody agreement, the court will always aim to act in a child's best interests. That focus means changes to physical and legal custody and visitation plans are entirely possible in the right circumstances.
Major Steps in Modifying a Parenting Plan in Georgia
Changing a custody agreement can be as simple as mediation or negotiation between two willing parents. This approach can make the process of changing a custody order simpler and less expensive, as well as help to preserve a positive co-parenting relationship.
Changing a custody agreement without parents agreeing to mediation and negotiation starts with filing a motion with the court. An effective motion should:
- Identify a clear and material change in conditions or circumstances.
- Explain how the change substantially affects the interest and welfare of the child.
- Uses evidence to show the changes since the last award of child custody was made.
The court will review the motion and, if the other parent objects, the court will schedule a hearing to review evidence and hear testimony related to the issue.
Legal advice and guidance from a family law attorney can be especially helpful and even necessary when bringing a motion before the court. Deciding if the specific circumstances that encourage you to modify your parenting plan meet the standards of Georgia courts can be complex and confusing. An attorney can help make the standards, process, and potential for success clearer.
FAQs About Modifying Parenting Plans in Georgia
Can you modify a parenting plan without going to court in Georgia?
Minor and informal changes to parenting plans can be made in Georgia without going to court. Parents can agree to these changes themselves, although the modifications are not legally binding.
Through mutual agreement - following a successful mediation or negotiation, for example - parents can choose to submit an uncontested motion. This requires interaction with the court system, but not an adversarial hearing to review evidence and testimony.
How much does it cost to modify a parenting plan in Georgia?
The costs of modifying a parenting plan can vary significantly depending on the specific circumstances. All options beyond mutually agreed-upon and minor, non-binding changes to parenting agreements incur some type of cost due to the need to work with an attorney. However, the cost of a resolution-focused negotiation may be less than a contested custody hearing, for example.
Can a parenting plan be modified?
Yes, parenting plans can be modified informally by parents themselves, as well as legally through the courts. Legal modifications can be made through mediation or negotiation between willing parents, as well as through contested custody hearings when one parent objects.
Support for Modifying Your Parenting Plan
Meriwether & Tharp, LLC, offers experienced and dedicated family law attorneys and support staff who are ready to help you with modifying your parenting plan. Schedule a free consultation to learn more.