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Is a custody modification in your children's best interest?

At the time that a Georgia court finalized your child custody agreement, it seemed to be the proper determination. Now, months later, you find it is not working.

Maybe you don't think your children are getting the care they need when they are with your ex, with whom you share custody. They complain to you about being left to fend for themselves while their parent was with their new significant other. It wasn't the first time you'd heard that complaint, either. It's become an occurrence every week, and they don't want to spend time there anymore.

It's clear to you that your children aren't being cared for properly, and you're worried enough to do something about it.

Under Georgia law, you can request a change of custody when you can prove there have been significant changes in the other parent's situation that aren't in the best interests of your children. You can file a document with the court spelling out the changes you are seeking to your custody agreement.

A judge has a variety of options when it comes to custody: joint custody, sole custody, joint physical custody and joint legal custody. If the judge finds both parents not suitable to have custody, a third party could be granted custody.

The judge also can order various evaluations, such as a medical evaluation or even an investigation by the local children's services authorities.

There are some regulations regarding where you can file for the change. If you're a non-custodial parent, you must file the paperwork in the county where the legal custodian of the children lives. If you're the custodial parent seeking a change, you must file your request in the county where the other parent lives.

Your children could have a say in where they live. Children 14 or older can say where they want to live unless a parent is deemed unfit. Children between 11 and 13 may express their desires for the judge to take under advisement.

Nothing is more important than our children. Don't leave their custody to chance. An attorney can help you take action and represent your interests in court.

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