Disputes about custody orders are relatively common. In cases where couples had to litigate custody disagreements, both spouses may ultimately feel dissatisfied with the terms set by the courts. The courts could end up hearing endless requests to adjust custody orders. As such, Georgia state lawmakers have enacted statutes limiting how often parents can ask the courts to review and modify their custody orders.
In cases wherein former spouses do not agree on modifications and require the review of a family law judge, how long must they wait before petitioning the courts for a custody modification?
There is a two-year waiting period in contested cases
Family circumstances can change drastically with little warning. Medical issues, job loss and family issues can all influence how well the current custody order works for the family.
In cases where parents agree that changes are necessary, they have the possibility of cooperating with one another for an uncontested modification at any point. However, in cases involving a contested or litigated modification request, parents must generally wait at least two years from the date that the courts issued the previous order.
There are exceptions in place for scenarios that put the children at risk, such as modifications requested in response to new evidence of child abuse, neglect or substance abuse on the part of one parent. Contested relocations or move-away requests may also be exempt from the two-year waiting period imposed on most contested modification requests.
Reviewing a current order, the date of its approval and any changes in circumstances that have occurred with a skilled legal team can help parents subject to child custody orders determine when they are in a position to ask the courts to modify their order.