To change a Georgia custody order permanently, you must first prove a material change in circumstances since the last order. Only then does the judge weigh your child’s best interests.
What the Statute Says
OCGA 19-9-3(b) preserves the judge’s power to change custody “in any new proceeding based upon a showing of a change in any material conditions or circumstances of a party or the child.” A military parent’s deployments “shall not be the sole factor,” though the court “may consider evidence of the effect of a deployment.” Visitation alone can be reviewed without any such showing, but not “more often than once in each two-year period.”
No Change, No Modification
In Odum v. Russell, 342 Ga. App. 390 (2017), the trial court found no material change but still shifted education decisions from the father to the mother and cut a week of his summer custody. The Court of Appeals reversed both changes, since each altered custody itself.
A change known before the last order may not count. In Gordon v. Abrahams, 330 Ga. App. 795 (2015), a father sought custody two months after a settlement, relying largely on the mother’s boyfriend, but he had known of the relationship before settling. The trial court found no material change, and the Court of Appeals affirmed.
At 14, a child’s selection of a parent “may, in and of itself, constitute a material change,” but only once every two years. OCGA 19-9-3(a)(5).
How to Ask
Under OCGA 19-9-23, you ask by complaint or, if the other parent has filed one, by counterclaim. In Pascal v. Pino, 361 Ga. App. 212 (2021), a father whose counterclaim sought only a support change was awarded custody after asking for it at trial, and the Court of Appeals vacated the award. Nor can you ask in response to a habeas corpus petition or other action enforcing the order; see our post on habeas corpus and custody changes.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!