If your ex-spouse continually ignores and disobeys the agreed-upon schedule for visitation, it could be time to request a modification of your child custody arrangement. That said, hopefully you don’t reach that point. It’s preferable to talk things out amicably first, as your ex might see that cooperating with the visitation schedule is in your child’s best interest.
But tensions can be high in Georgia divorces, and often it’s not easy for divorced parents to see eye-to-eye regarding their children. Sadly, the courts might have to get involved again to settle these child custody disputes.
In this scenario, the following are some factors the court will consider prior to granting you a child custody modification:
- The current visitation schedule agreed-upon in the parenting plan
- Reasons why your ex hasn’t been following the schedule
- The communication (or lack thereof) between the parents
Generally, the court won’t alter your child custody arrangement if it seems to be working well enough for everybody. The court’s primary concern is securing the best interests of your child. As such, it will attempt to avoid unnecessary disruptions to the kid’s life. The court will consider all possible options before changing the arrangement. Furthermore, it will intensely scrutinize the reasons why you want to change the arrangement to ensure your reasons aren’t frivolous.
Of course, in the case of domestic violence or some other immediate threat to a child, the court will certainly consider modifications to protect the child. Other major reasons for child custody modification can include if either of the parents plans to relocate, when one of the parents dies or when a change is clearly in the child’s best interest.
Getting legal help for your situation
If you are facing child custody concerns or seeking a modification, it’s important you speak to an experienced and compassionate Georgia family law attorney who can see that your parental rights are protected and your case gets the fairest treatment possible. A good lawyer can present your legal options and help find the best solutions for your family.