Life rarely stays the same after a divorce or custody case. Incomes change, parents relocate, and children’s needs evolve. When circumstances shift, Georgia law allows parents to ask the court to change an existing custody or child support order. Understanding when and how a modification works can help you protect your children and your finances.
For help modifying an order in Carrollton or West Georgia, call Met Lane & Associates, P.C. at 770-834-4107, or visit our family law page.
Court Orders Are Not Always Permanent
A custody or support order reflects the family’s situation at the time it was entered. When that situation changes significantly, the order can be revisited—but you generally cannot change it simply because you are unhappy with it. Georgia requires a real, substantial change before a court will modify an order.
To change custody, you typically must show a material change in circumstances that affects the child’s welfare—such as a parent’s relocation, a change in work schedule, concerns about the child’s safety, or a parent’s inability to care for the child. The court then applies the best interests of the child standard to decide whether a change is warranted. In Georgia, a child who is at least 14 may also elect which parent to live with, and that election can itself support a modification, subject to limits on how often it can be made.
Modifying Child Support
Child support can be modified when there is a substantial change in either parent’s income or financial circumstances, or in the needs of the child. Georgia calculates support under the Income Shares Model, so a modification means re-running the calculation with current numbers using the state’s current worksheet. Learn more in our guide on how child support is calculated in Georgia.
Modifying Parenting Time
Parenting time (visitation) can also be adjusted as children grow and schedules change. Georgia generally allows a parenting-time modification without requiring the same “material change” showing needed for a full custody change, though the court still focuses on the child’s best interests.
How the Process Works
A modification begins by filing a petition in the appropriate superior court—usually where the other parent or the child lives. The other parent is served and has an opportunity to respond. As with the original case, parents can reach an agreement that the judge approves, or the court will decide any contested issues.
Frequently Asked Questions
What is a “material change in circumstances”?
It is a significant change affecting the child or the parents—such as relocation, a major schedule change, safety concerns, or a substantial change in income—that justifies revisiting the order.
Can my child choose to change which parent they live with?
A child who is at least 14 may elect which parent to live with, and that election can support a custody modification, subject to limits on how often it can be made.
How do I change a child support amount?
You petition the court to recalculate support under Georgia’s Income Shares Model based on a substantial change in income or the child’s needs.
Need to Change an Order? Get a Free Consultation
Whether your circumstances have changed or the other parent is seeking a modification, Met Lane & Associates can guide you through the process and protect your rights—call 770-834-4107 or visit 619 Newnan St, Carrollton, GA 30117. You may also want to read our guide to child custody in Georgia.