Uncontested Change of Custody - Georgia
UNCONTESTED CHANGE OF CUSTODY
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). Parents can enter into an
agreement regarding custody, subject to the court’s approval. The parental agreement will be
effective unless the judge decides that the proposed change is not in the best interests of the
childr(en). The parents’ agreement can be made a Final Order of modification by the trial
court at any time after the agreement has been submitted to the Court.
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.
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 trial court may Order the parents
to leave the courtroom when a child testifies.
mation about change of custody proceedings, please consult the following
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