Are you a parent of a young child or a teenager in Georgia? You may be subject to a custody and/or child support order. In Georgia, these orders are always subject to modification until the child becomes an adult. You may be wondering: How do you modify a child custody order or a child support order in Georgia? You need to prove a material and substantial change in circumstances. At Burns Smith Law, P.C., we want to make sure that you know your rights. A Georgia family law attorney will provide guidance throughout the process of modifying child custody and/or child support. 

Step #1: Confirm Legal Grounds of a Modification

First and foremost, you need to assess your grounds for seeking a modification of a child support/child custody order or agreement. Modification is absolutely possible in Georgia, but courts will assume that an existing order or agreement is appropriate unless you can show good cause for a change. In other words, courts will not reopen custody or support orders without a significant reason. You must show a material and substantial change in circumstances since the prior order. Some of the most common examples include: 

• A parent’s relocation; 
• A parent’s job loss; 
• A major income shift; 
• A medical diagnosis; and
• Big changes in the child’s needs or safety. 

For custody, the controlling statute for modifications is O.C.G.A. § 19-9-3(b). For child support, the applicable statute for modifications is O.C.G.A. § 19-6-15(k). It is important to emphasize that minor disagreements or temporary setbacks usually do not qualify. You need a substantial and material change in circumstances to justify a modification in Georgia. 

Step #2: Consider Options for Settlement (Agreed Upon Change)

How easy is it to get a family modification? The answer depends on a wide range of case-specific factors. With that being said, it is a lot easier to qualify for a modification of child custody or child support in Georgia if both parents can agree that a change is needed. Before filing a formal modification petition, it is worth exploring whether both parents can agree to the proposed change. Georgia law allows for consensual modifications of custody or support orders, provided that the agreement is written, signed by both parties, and approved by the court. When parents reach a voluntary agreement, the process is far faster, less expensive, and far less contentious. Judges in Georgia favor negotiated settlements because they reduce conflict and better serve the child’s best interests. Even when parents agree, the new arrangement must still comply with statutory requirements. However, courts give parents considerable discretion to make agreed-upon changes. 

Step #3: File a Petition for Modification in the Proper Georgia Court

Of course, an agreement for a modification of child support or child custody cannot be reached at the outset of every case. You may need to take legal action. To begin the formal process, you should file a Petition for Modification in the Superior Court that issued the original order. If the child has since moved to another county and has resided there for at least six months, the new county may have jurisdiction under Georgia law. Notably, your petition must detail the specific change in circumstances and clearly state the modification you are requesting (e.g., increased parenting time, primary custody, adjusted child support payments, etc.). Be sure to attach supporting documentation. A top Georgia family lawyer can help you prepare a strong, compelling petition. 

Step #4: Serve the Other Parent and Allow Time for Response

Georgia requires proper service of process. In other words, the other parent must receive official notice of the petition and the opportunity to respond. The court will not consider your modification request until proof of service is filed. The respondent (your co-parent)_ generally has 30 days to answer. If they fail to respond, you may request a default judgment. However, in custody cases, the court will not automatically grant your request even if you default. You need to present a case. 

Step #5: Prepare for Additional Negotiation with Co-Parent

Even if you could not reach an agreement on a modification earlier in the process, you should be ready for another round of negotiations. Many Georgia counties actually require mediation before a custody or support modification proceeds to trial. Mediation allows parents to negotiate in a neutral environment and often leads to partial or complete resolution without the cost of litigation. It is always best to try to see if there is a mutually agreeable solution. 

Step #6: Get Ready for Your Court Hearing

Not all custody/support modification cases can be settled. You have the right to take your case to court. You must be prepared to present testimony, financial records, and other evidence demonstrating the material change and how the proposed modification benefits the child. Judges consider factors such as parental fitness, home stability, school performance, and each parent’s involvement in the child’s life in custody cases. In support cases, the court applies the income-shares model established under Georgia’s Child Support Guidelines. A lawyer can help you present the strongest possible legal case. 

We are Leaders in Family Law for Parents in Georgia

Family modifications are complicated. It is imperative that you understand the process. Whether you are seeking a child custody modification or a child support modification, the right legal representation can make the difference. At Burns Smith Law, P.C., we are proactive, solutions-focused, and committed to helping parents find answers that effectively protect their rights and their interests. Your initial consultation with our Georgia family lawyer is completely confidential and without any additional obligations. 

Contact Our Georgia Family Attorney Today

At Burns Smith Law, P.C., our Georgia family law attorney handles the full range of modification cases, including child custody and child support. If you have any questions about the modification of a family law order or agreement, we can help. Contact us today for your completely confidential consultation. With offices in Canton, Cumming, and St. Simons Island, we handle family modifications throughout the region in Georgia.