• Uncontested Divorces
• Contested Divorce
• Mediation
• Child Support
• Alimony / Spousal Support
• Child Support Modification
• Parenting Plans
• Child Custody / Visitation Modification
• Contempt Actions
• Separation of Marital Property
• Paternity / Legitimation
• Prenuptial Agreements
• Guardian Ad Litem

Any parent may file for a modification of custody or visitation once every two years or if there is a significant change in circumstances.  Situations that are typically considered a significant change in circumstances include a parent moving out of state, a re-marriage, a parent’s new boyfriend or girlfriend causing harm to your child or children or even a change in jobs that allows the non-custodial parent to spend more time with the child.

The most common reason for filing a modification of custody and visitation is a move out of state.  Many times the non-moving parent believes that the moving parent should lose custody as a result of his or her decision to move out of state.  The Georgia Supreme Court has stated there is no bright line rule to child custody.  Simply moving out of state does not waive your right to custody.  Each case must be evaluated individually and the court must make a decision based on the best interest of the child. 

There are several factors evaluated by the court that will include whether family members will live in that state, the reason for moving out of state, the ability for the non-custodial parent to take primary physical custody, whether the children and family members live in Georgia.  This can take several months and, in several counties, the moving party is prevented from moving until a final order is issued.  Additionally, if the court finds a move will not be in the best interest of the children, the court can order the primary physical custodial parent to remain in Georgia or to turn custody over to the non-custodial parent.  Typically, however, the Court will simply allow the primary physical custodian to move, but revise the visitation schedule to account for the distance between the parties. 

If you need to modify your visitation schedule because of a planned move or just wish to determine if your situation will warrant a modification, please contact the Millard Law Firm for a free consultation.  We handle modifications in all Atlanta counties, including Fulton, Cobb, Cherokee, Forsyth, Gwinnett, Hall and Clayton.