EVERY TWO (2) YEARS V.S. MATERIAL CHANGE

Custody rights are not set in stone. Every two (2) years you have the opportunity to seek a custody modification, regardless of the reason for filing. Additionally, within that two (2) year period you have the opportunity to seek a modification sooner if there is a material change in circumstances or conditions affecting a party or their child.

O.C.G.A. § 19-9-3

As stated in O.C.G.A. § 19-9-3, “[i]n any case in which a judgment awarding the custody of a child has been entered, on the motion of any party or on the motion of the judge, that portion of the judgment effecting visitation rights between the parties and their child or parenting time may be subject to review and modification or alteration without the necessity of any showing of a change in any material conditions and circumstances of either party or the child, provided that the review and modification or alteration shall not be had more often than once in each two-year period following the date of entry of the judgment. However, this subsection shall not limit or restrict the power of the judge to enter a judgment relating to the custody of a child in any new proceeding based upon a showing of a change in any material conditions or circumstances of a party or the child.” O.C.G.A. § 19-9-3(b).

CONTACT US

Whether you’re looking to establish custody rights or modify custody rights, The Sellers Law Firm,LLC, has the experience to help you reach the result you’re looking to achieve. Give us a call today at 770-415-9848 at The Sellers Law Firm: where clients become family.

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