How does child custody work in Georgia divorces?

Kellyn Kidwell

Georgia managing attorney at Marble Law

Published January 12, 2025 · 3 min read

Key Takeaways

You can request a modification of child support or custody orders in Georgia if there has been a substantial change in circumstances, such as changes in income, relocation, a parent’s behavior (e.g., drug/alcohol abuse), or a child’s academic or behavioral issues.
You can also file for a modification once two years have passed from the original divorce decree or any prior modification, without needing to prove any change in circumstances
The court’s primary concern when considering a modification will always be the best interests of the child, and modifications are limited to once every two years under Georgia law.

In Georgia, you can file a Petition to Modify child support or custody orders after your divorce, but only under specific circumstances. The process of modifying these orders is governed by the state's family law, which provides two primary situations under which a modification may be granted.

The first situation in which you may be able to modify a child support or custody order is when there has been a substantial change in circumstances. This means that there has been a significant shift in the circumstances of either parent or the child that justifies a change to the original order. The law recognizes a variety of factors as qualifying as substantial changes. For example, if a parent experiences a significant change in income, such as a job loss or a major promotion, this may justify a modification of the child support order.

A child playing with bubbles by the sea under a clear sky.

Another example could be if one of the parents needs to relocate for work or personal reasons, which could impact the custody arrangement. Changes in a parent’s employment situation, health, or behavior, such as the development of a drug or alcohol problem, can also serve as grounds for modifying custody or support arrangements. Similarly, if a child is struggling with school performance or exhibiting problematic behavior, these factors might be considered a substantial change in circumstances, especially if they are linked to the current custody or living arrangement.

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The second situation under which a modification may be made is simply based on the passage of time. In Georgia, the law specifically states that a petition to modify child support or custody orders can be filed no more than once every two years. This means that, regardless of whether there has been a significant change in circumstances, once two years have passed from the entry of the original divorce decree or any prior modification, a parent is eligible to request a modification of the orders. The law sets this limitation to prevent frequent and potentially unnecessary changes to custody and support arrangements. In these cases, you are not required to demonstrate any material changes in circumstances or conditions of either parent or the child. The mere passage of two years is enough to allow you to seek a review and modification of the existing orders by the court.

It’s important to note that a petition for modification can be filed by either parent, and the court will consider all relevant factors in determining whether a change is appropriate. The court’s primary concern will always be the best interests of the child, and it will weigh the evidence presented by both parents to assess whether the modification is warranted. While a petition for modification can be filed after two years, it doesn’t guarantee that the modification will be granted. The court will still evaluate whether the requested change aligns with the child’s well-being and whether it is in the child’s best interests to alter the current arrangements.

In summary, in Georgia, modifications to child support or custody orders after a divorce can be requested if there has been a substantial change in circumstances or if two years have passed since the last decree or modification. If two years have passed, a modification request can be made without the need to demonstrate any substantial change in conditions, but the court will still consider whether the modification is in the best interests of the child.