A party may file for a modification of child custody or visitation once every two years or if there is a significant change in circumstances. A significant change of circumstances could include one parent’s relocation out of state, re-marriage, or a new boyfriend/girlfriend who may be causing harm to the child or children.

The most common modification of custody and child support arises when one parent moves out of state. The Georgia Supreme Court has clearly stated there is no bright line rule with regard to custody and visitation when a party moves out of state. Each case must be evaluated individually, and the court must make a determination based on the child or children’s best interest. When determining whether custody should switch to the non-custodial parent as a result of the custodial parent moving out of state, the court must look at all the circumstances surrounding the custodial parent’s move. If the court finds that the out-of-state move will not be in the best interest of the child or children, the court can order the party to remain in the state or can switch custody to the non-custodial parent. Typically, in a modification as a result of an out-of-state relocation, the court will allow the moving parent to move, but will set up a visitation schedule that accounts for the distance between the parties. Sometimes, a court will also modify child support to account for additional travel costs associated with visitation. In many counties, if a modification of custody or visitation is filed before the custodial parent moves out of state, the court may require the custodial parent to remain in Georgia until the modification action is resolved. This can create many problems for custodial parents moving for jobs or other required reasons. If you wish to modify your current visitation schedule due to relocation by you or your ex-spouse or for any other change in circumstance that you believe significantly impacts your children, please contact The Law Offices of Betty Nguyen Davis at (404) 593-2620 for a free consultation with an attorney.