Atlanta Child Custody & Child Support Modification Attorney
My current custody, parenting time or support order is not working for me or my children anymore – what can I do?
Once a case is finalized, whether it was contested or uncontested, legal issues regarding child custody, parenting time and child support are incorporated into the final judgment and turned into enforceable court orders. Decisions regarding custody, parenting time and support may have made sense at the time, but sometimes things change. If a change in circumstances means you need to change the way child custody, parenting time or support is handled, it may be necessary to modify the order for custody, parenting time or support. Otherwise, the old court orders are still in effect, and deviating from them may open you up to legal penalties, even if both parents agreed on the modification. There is also no way to get court enforcement of a modification unless the court order itself is modified.
Sometimes only one parent thinks the custody, parenting time or support order should be modified. In these situations, the parties may have to litigate the matter in court, and a judge may decide whether to grant a modification after a hearing.
Whether you are working with your co-parent to bring a proposed modification to the court or you find yourself in litigation over a disputed modification, the Atlanta family modification attorneys at Kaye, Lembeck, Hitt & French Family Law can provide you with the solution-oriented advice and representation you need to protect your rights and help you get the result you seek. Learn more about the modification of child custody, parenting time and child support in Georgia below, and call our office to discuss your needs surrounding a possible modification.
Child Custody and Parenting Time Modifications
Parents can work together to agree on a change to the custody arrangement, schedule or parenting plan at any time to make a change that works for their family, but they still must present any proposed modification to court for the judge’s approval. Otherwise, neither parent is able to enforce the change if the other parent stopped complying, and any parent not complying with the existing court order is open to charges of contempt or other legal sanctions.
If only one parent is requesting a modification, and the other parent disagrees with the request, a modification action filed with the Court may result. Depending on which parent files and the type and amount of parenting time each parent has, each parent will have the opportunity to present the reasons for and against the modification. Of utmost importance is the best interest of the child or children and how this change will affect the child or children involved. Some reasons for changing custody or parenting time are relocation, how the child or children are doing emotionally, the relationship between the parent and child or children, issues faced by the child or children, etc. they will have to prove a significant change in family circumstances that justifies a modification.
Modification of Child Support
Have you lost your job? Have you gotten a promotion? Has the other parent become unemployed? Has the other parent received a promotion and a raise? Has a child aged out of receiving child support? Sometimes these situations can be a reason to modify child support. Having a conversation with our solution-oriented team will help you determine if it is the right time and financially beneficial to modify child support.
Grounds for modifying a child support order in Georgia include:
- A change in the paying parent’s wages
- A change in the other parent’s wages
- A child is due to turn 18 within the next six months
- The child custody arrangement changes
- The need to add a health insurance requirement to the order
- The paying parent becomes disabled or imprisoned
Atlanta Family Law Attorneys Here to Help with Modification of Child Custody, Parenting Time or Support
If you are seeking or opposing a change to your child custody, parenting time or child support orders, or you want to work with your child’s other parent on a proposed modification, call the Atlanta family law attorneys at Kaye, Lembeck, Hitt & French Family Law for assistance. Our solution-oriented team is here for you through all family law matters.
