Child custody modification is a procedure used when an existing court order or parental agreement no longer reflects reality or the best interests of the child. Life is dynamic, and the circumstances under which custody was initially determined can change radically. For example, a change in a parent's financial situation, relocation (including emigration), the child getting older, or alienation from one parent — all these can be grounds for reviewing custody terms. It is important to understand that modifying custody is not a simple process; the court requires proof of "substantially changed circumstances" to disrupt the existing status quo.
Custody modification can involve changing the child's primary residence (e.g., moving from mother to father) or adjusting the visitation schedule. This process is often more complex than the initial custody determination because the plaintiff must prove that the change is necessary for the child's well-being and that the current environment poses a danger or no longer meets their needs. Legal.ge offers access to experienced lawyers who will help you bear this heavy burden of proof.
What Does Custody Modification Service Cover?
This service focuses on altering the existing legal status and includes the following issues:
- Preliminary Case Assessment: Determining whether there are sufficient legal grounds (new circumstances) to apply to the court.
- Change of Residence: Preparing a lawsuit demanding a change in the child's primary residence (e.g., if the custodial parent cannot fulfill their duties).
- Modification of Visitation Schedule: Expanding or restricting the existing schedule due to changed work hours, the child's schooling, or other factors.
- Restriction of Rights: In extreme cases, requesting a restriction of parental rights if the other parent poses a danger to the child (violence, drug use).
- Involvement of Social Services: Obtaining a new report from the Social Service Agency to confirm the changed circumstances.
Common Real-World Scenarios
The need to change custody often arises in the following cases:
The first scenario is the neglect of the child's interests by the custodial parent. For instance, the child lives with the mother, but she has started abusing alcohol or frequently leaves the child unsupervised. The father can request that the child be transferred to him.
A second common case is relocation. The custodial parent receives a job offer in another city or country. This automatically changes the visitation possibilities for the other parent and requires a complete review of the schedule and often the form of custody.
The third scenario is "alienation." One parent systematically turns the child against the other, resulting in the child refusing contact with the other parent. The court may view this as emotional abuse and change custody.
The fourth situation involves the child growing up. In adolescence, a child's needs change. For example, a boy might need to spend more time with his father, which is grounds for revising the schedule.
Georgian Legal Framework and Regulations
Custody modification is based on the same fundamental laws as the initial determination, but the emphasis is on new circumstances:
- Civil Code of Georgia: Article 1200 and subsequent articles provide for the court's right to change a decision based on the child's interests if factual circumstances have changed.
- Code on the Rights of the Child: Obliges the court to reassess the child's best interest and listen to them during any modification.
- Civil Procedure Code: Defines the burden of proof — the plaintiff must prove that leaving the old decision in force is harmful to the child.
Process and Stages
The process of modifying custody begins with gathering evidence. The lawyer helps the client document facts: old and new social worker records, school characteristics, medical certificates, or police reports (if there was an incident). Then a lawsuit is prepared citing new circumstances. The court process involves a re-investigation by a social worker. The judge compares the old conditions with the new ones and makes a decision. It is important to show the court not only the other parent's flaws but also how the child's life will improve as a result of the change.
Why Legal.ge?
Modifying custody is one of the most difficult categories of cases because courts are reluctant to disrupt a child's stable environment without a serious reason. On Legal.ge, you connect with specialists who understand the nuances of this process and can correctly formulate legal arguments. Our platform's lawyers will help you objectively assess your chances and choose the best strategy to protect the child's interests.
Updated: ...