Modification of a Georgia Court Order
Let’s say you and another party in a family law case in Georgia have already reached an agreement and the court has issued its final order. But what happens if one (or both) parties want to change (modify) that agreement later on? Possibly both parties even agree on the terms of the change.
Sounds simple? Not so fast. No official change is made until it’s approved via court order.
Some decisions are very seldom changed. Those include paternity decisions or the division of property/assets from a divorce decision. Those issues likely won’t be changed unless there was some fraudulent or improper circumstance.
But a court order modification is somewhat more common regarding children’s issues – – custody, visitation, etc. It can be complex.
For instance, perhaps either parent periodically requests a review of the child support order. Such reviews can be triggered by updated support laws or if there’s a change in the needs of the child or perhaps the finances of a party. If there has been some type of material change pertaining to either parent regarding child custody, that can qualify for review. Visitation is decided upon the best interests of the child and those best interests may fluctuate over time.
But the courts are protected from folks who would like to change the terms all “willy-nilly”. (Willy-nilly is not a legal term and for those not familiar it means “randomly at will” – – used only because it’s fun to say). In some instances a material change of circumstances will be reviewed only once every 2 years.
Do you know what organizations like GeorgiaLegalAid.org recommend that you do? You’re right. Contact an attorney to represent you. Even if you don’t select us to represent you – – although we would like to be the attorney that you choose – – at least find SOME good Georgia attorney to protect your rights and interests in the terms of the modification.