Post by Jim on Jun 8, 2014 9:39:01 GMT -5
A change of custody is allowed when the parent(s) can prove that there are substantial
changes affecting the welfare and best interests of the child(ren).
When a parent sues the other parent to change custody, the Court has the power to award
sole custody, joint custody, joint legal custody, and joint physical custody. Additionally, the
Court may award custody to a third person when both parents are proved to be unfit. The Judge
has the power to Order a psychological evaluation of the family, an independent medical
evaluation, or an investigation by the local family and children services agency.
A complaint for change of custody brought by the non-custodial parent must be brought
in the county in which the legal custodian of the child or children. A complaint for change of
custody brought by the legal custodian must be brought in the county in which the Defendant
resides. If the custodial parent and the children live in another state, the rules of
jurisdiction and venue are governed by the Uniform Child Custody Jurisdiction and
Enforcement Act (UCCJEA), which is quite complicated. The UCCJEA has been adopted by
forty-four states. You may read Georgia’s version of this law at O.C.G.A. § 19-9-40 through §
19-9-104.
In a multi-state case, you are strongly encouraged to get an attorney.
A Judge may consider the desire of a child who is at least eleven years of age, but not yet
fourteen. However, the child’s desire by itself is not a material change of conditions or
circumstances. The wishes of a child aged fourteen or older is controlling unless the parent
whom the child chooses is unfit. During a custody hearing, the Court may Order the parents
to leave the courtroom when a child testifies.
Change of Custody Motion Template
changes affecting the welfare and best interests of the child(ren).
When a parent sues the other parent to change custody, the Court has the power to award
sole custody, joint custody, joint legal custody, and joint physical custody. Additionally, the
Court may award custody to a third person when both parents are proved to be unfit. The Judge
has the power to Order a psychological evaluation of the family, an independent medical
evaluation, or an investigation by the local family and children services agency.
A complaint for change of custody brought by the non-custodial parent must be brought
in the county in which the legal custodian of the child or children. A complaint for change of
custody brought by the legal custodian must be brought in the county in which the Defendant
resides. If the custodial parent and the children live in another state, the rules of
jurisdiction and venue are governed by the Uniform Child Custody Jurisdiction and
Enforcement Act (UCCJEA), which is quite complicated. The UCCJEA has been adopted by
forty-four states. You may read Georgia’s version of this law at O.C.G.A. § 19-9-40 through §
19-9-104.
In a multi-state case, you are strongly encouraged to get an attorney.
A Judge may consider the desire of a child who is at least eleven years of age, but not yet
fourteen. However, the child’s desire by itself is not a material change of conditions or
circumstances. The wishes of a child aged fourteen or older is controlling unless the parent
whom the child chooses is unfit. During a custody hearing, the Court may Order the parents
to leave the courtroom when a child testifies.
Change of Custody Motion Template
