Georgia Custody Modification Agreement

AGREEMENT TO MODIFY CHILD CUSTODY ORDER

STATE OF GEORGIA

IN THE SUPERIOR COURT OF [________________________________] COUNTY

Case No.: [________________________________]

Civil Action File No.: [________________________________]

[________________________________], Petitioner/Parent A

v.

[________________________________], Respondent/Parent B

I. INTRODUCTION AND STATUTORY BASIS

1.1 This Agreement to Modify Child Custody Order ("Modification Agreement") is submitted pursuant to O.C.G.A. § 19-9-3(b), which authorizes modification of a prior custody determination upon a showing of a material change in the conditions or circumstances of a party or the child that affects the welfare and best interests of the child.

1.2 The Superior Court of [________________________________] County, Georgia, has exclusive subject-matter jurisdiction over this custody matter. Georgia Superior Courts hold original and exclusive jurisdiction over divorce and custody proceedings under the Georgia Constitution, Art. VI, § IV, Par. I.

1.3 This Modification Agreement is entered into by:

• Parent A: [________________________________] ("Parent A")
• Address: [________________________________]

• County of Residence: [________________________________]

• Parent B: [________________________________] ("Parent B")

• Address: [________________________________]
• County of Residence: [________________________________]

1.4 Minor Child(ren) Subject to This Modification:

II. PRIOR CUSTODY ORDER

2.1 The existing custody arrangement was established by:

• Type of Order: ☐ Final Decree of Divorce ☐ Consent Custody Order ☐ Contested Custody Order ☐ Legitimation Order ☐ Other: [________________________________]
• Date of Entry: [__/__/____]
• Court: Superior Court of [________________________________] County, Georgia
• Case/Civil Action File No.: [________________________________]
• Presiding Judge: Hon. [________________________________]

2.2 Current Custody Arrangement Under Prior Order:

• Legal Custody: ☐ Joint Legal Custody ☐ Sole Legal Custody to Parent A ☐ Sole Legal Custody to Parent B
• Physical Custody: ☐ Joint Physical Custody ☐ Primary Physical Custody to Parent A with visitation to Parent B ☐ Primary Physical Custody to Parent B with visitation to Parent A ☐ Sole Physical Custody to Parent A ☐ Sole Physical Custody to Parent B

2.3 Date Prior Order Was Entered: [__/__/____]

GEORGIA TWO-YEAR RULE NOTICE: Under O.C.G.A. § 19-9-3(b), the court retains discretion to review and modify visitation rights once every two years without requiring a showing of changed circumstances. However, a modification of the custodial parent designation requires proof of a material change in conditions or circumstances affecting the child's welfare at any time. If the prior order was entered less than two years ago, the party seeking modification of the custodial designation must demonstrate that the change is necessary to prevent harm to the child.

III. MATERIAL CHANGE IN CIRCUMSTANCES

3.1 The parties acknowledge the following material change(s) in conditions or circumstances since entry of the Prior Order, as required by O.C.G.A. § 19-9-3(b):

☐ Relocation of a parent (see Section III.2 below)
☐ Significant change in a parent's work schedule or employment
☐ Change in the child's educational or developmental needs
☐ The child has reached age 14 and exercised the right of custodial election under O.C.G.A. § 19-9-3(a)(5)
☐ The child has reached age 11 and expressed custodial desires to the court
☐ Substance abuse or recovery by a parent
☐ Family violence as defined by O.C.G.A. § 19-13-1
☐ Incarceration or release from incarceration of a parent
☐ Remarriage or cohabitation affecting the child's living situation
☐ Deterioration or improvement of a parent's mental or physical health
☐ Military deployment or return from deployment
☐ Failure of a parent to exercise court-ordered visitation
☐ Other: [________________________________]

3.2 Detailed Description of Changed Circumstances:

[________________________________]
[________________________________]
[________________________________]

3.3 Impact on the Child's Welfare and Best Interests:

[________________________________]
[________________________________]

IV. CHILD'S ELECTION (IF APPLICABLE)

4.1 Child Age 14 or Older — Presumptive Election Under O.C.G.A. § 19-9-3(a)(5):

☐ Not applicable — no child has reached age 14.

☐ [________________________________] (child's name), age [____], has reached the age of 14 and has executed a written Election of Custodial Parent selecting ☐ Parent A ☐ Parent B as the custodial parent. Under Georgia law, this election is presumptive unless the court determines that the selected parent is not in the child's best interest.

Note: A child age 14 or older may exercise this election only once every two years from the date of the previous selection. O.C.G.A. § 19-9-3(a)(5).

4.2 Child Age 11 to 13 — Court Consideration Under O.C.G.A. § 19-9-3(a)(4):

☐ Not applicable — no child is between ages 11 and 13.

☐ [________________________________] (child's name), age [____], has expressed a desire to reside primarily with ☐ Parent A ☐ Parent B. The court shall consider this preference along with the child's educational needs and all other best-interest factors. The child's preference at this age does not, in itself, constitute a material change of circumstances.

V. MODIFIED CUSTODY PROVISIONS

5.1 Modified Legal Custody:

☐ No change to legal custody.

☐ Legal custody is modified as follows:
☐ Joint legal custody to both parents
☐ Sole legal custody to Parent A
☐ Sole legal custody to Parent B

5.2 Allocation of Major Decision-Making (If Joint Legal Custody):

Under Georgia law, joint legal custody means both parents share the right and responsibility to make major decisions. The parties agree to the following allocation:

5.3 Modified Physical Custody:

☐ No change to physical custody.

☐ Physical custody is modified as follows:
☐ Joint physical custody (see parenting schedule below)
☐ Primary physical custody to Parent A with parenting time to Parent B
☐ Primary physical custody to Parent B with parenting time to Parent A
☐ Sole physical custody to Parent A
☐ Sole physical custody to Parent B

5.4 Modified Parenting Time Schedule:

The prior visitation/parenting time schedule is replaced with the following:

School-Year Schedule (August–May):
[________________________________]
[________________________________]
[________________________________]

Summer Schedule (June–July):
[________________________________]
[________________________________]

5.5 Modified Holiday and Break Schedule:

5.6 Exchanges and Transportation:

• Exchange Location: [________________________________]
• Exchange Time: [________________________________]
• Transportation Responsibility: ☐ Receiving parent picks up ☐ Delivering parent drops off ☐ Meet at midpoint ☐ Other: [________________________________]

VI. GEORGIA BEST INTEREST FACTORS — O.C.G.A. § 19-9-3(a)(3)

The parties represent that this Modification Agreement serves the child's best interests as evaluated under the statutory factors, including but not limited to:

(A) The love, affection, bonding, and emotional ties between each parent and the child;
(B) The love, affection, bonding, and emotional ties between the child and siblings, half-siblings, and stepsiblings;
(C) The capacity and disposition of each parent to provide food, clothing, medical care, education, and other necessities;
(D) The knowledge and familiarity of each parent with the child and the child's needs;
(E) The capacity and disposition of each parent to provide a loving, stable, and nurturing environment;
(F) The home environment of each parent, considering the promotion of nurturance and safety;
(G) The importance of continuity in the child's life and the length of time the child has lived in a stable, satisfactory environment;
(H) The stability of the family unit of each parent and the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the child and the other parent;
(I) The mental and physical health of all individuals involved;
(J) Each parent's involvement and lack of involvement in the child's educational, social, and extracurricular activities;
(K) Each parent's employment schedule and the resulting availability of a parent to the child and the flexibility of that schedule;
(L) The home, school, and community record and history of the child, as well as any health or educational special needs of the child;
(M) Each parent's past performance and relative abilities for future performance of parenting responsibilities;
(N) The willingness and ability of each parent to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent;
(O) Any recommendation by a court-appointed custody evaluator or guardian ad litem;
(P) Any evidence of family violence or sexual, mental, or physical child abuse or criminal history of either parent; and
(Q) Any evidence of substance abuse by either parent.

VII. GUARDIAN AD LITEM

☐ A Guardian ad Litem has not been appointed in this matter.

☐ A Guardian ad Litem has been appointed pursuant to O.C.G.A. § 19-9-3(a)(3)(O). The Guardian ad Litem is [________________________________], and the Guardian's report, dated [__/__/____], ☐ supports ☐ does not support the terms of this Modification Agreement.

VIII. FAMILY VIOLENCE DISCLOSURE

8.1 Under O.C.G.A. § 19-13-1 et seq., "family violence" includes battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass between persons in domestic or family relationships.

☐ Neither party alleges or has been the subject of a family violence protective order.

☐ The following family violence history exists and has been considered in this Modification Agreement:
[________________________________]

Important: If family violence is a factor, Georgia courts must weigh the violent conduct in making custody determinations. Mediation shall not be required in cases involving family violence. O.C.G.A. § 19-9-3(a)(3)(P); Georgia Commission on Family Violence Judicial Protocol.

IX. RELOCATION PROVISIONS

9.1 Under O.C.G.A. § 19-9-3(f), any parent who intends to change the residence of the child must notify the other parent at least 30 days prior to the anticipated change. The notice must include the full address of the new residence.

9.2 The parties agree:

☐ Neither parent has relocated or intends to relocate.

☐ Parent ☐ A ☐ B is relocating to [________________________________] and has provided the required 30-day notice. The modified parenting schedule reflects this relocation.

☐ Any future relocation by either parent that would materially affect the parenting schedule shall require: (a) 30 days' written notice to the other parent with the full address of the new residence; and (b) good-faith negotiation of a revised parenting schedule. If the parties cannot agree, either party may petition the Superior Court for modification.

X. DISPUTE RESOLUTION

10.1 Mediation: Before filing any motion with the Superior Court to further modify this Agreement (except in cases involving family violence or immediate threat of harm to the child), the parties shall participate in mediation through a court-approved mediator or the Alternative Dispute Resolution program of the [________________________________] Judicial Circuit. Many Georgia judicial circuits (including the Atlanta, Stone Mountain, and Gwinnett Judicial Circuits) maintain ADR programs or require mediation before contested custody hearings.

10.2 Parenting Coordinator: The parties may agree, or the court may appoint, a parenting coordinator to assist with implementation disputes.

10.3 Court Filing: If mediation is unsuccessful, either party may file a Motion to Modify Custody in the Superior Court of [________________________________] County, Georgia.

XI. ADDITIONAL PROVISIONS

11.1 Access to Records: Both parents shall have access to all records and information pertaining to the child, including educational records, medical records, health insurance information, extracurricular activity records, and religious communications, as required by O.C.G.A. § 19-9-1(b)(1)(D).

11.2 Communication Between Parent and Child: The parent not in physical possession of the child shall have reasonable telephone and electronic communication with the child at reasonable times.

11.3 Non-Disparagement: Neither parent shall make disparaging or negative remarks about the other parent in the presence or hearing of the child.

11.4 Right of First Refusal: When the parent exercising parenting time will be absent from the child for more than [____] consecutive hours, that parent shall first offer the other parent the opportunity to care for the child before making alternative arrangements.

11.5 Substance Use: Neither parent shall consume alcohol to the point of impairment or use illegal substances during parenting time or within [____] hours prior to parenting time.

11.6 Unchanged Provisions: All provisions of the Prior Order not expressly modified by this Agreement remain in full force and effect.

XII. CONSENT AND SIGNATURES

The undersigned parties acknowledge that:

1. This Modification Agreement is entered into voluntarily, without coercion or duress.
2. Each party has had the opportunity to consult with independent legal counsel.
3. The terms of this Agreement serve the best interests of the child under O.C.G.A. § 19-9-3(a)(3).
4. This Agreement shall be submitted to the Superior Court of [________________________________] County for incorporation into a modified custody order.

PARENT A:

Signature: _________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Sworn to and subscribed before me this [____] day of [________________], 20[____].

_________________________________ (Notary Public)
State of Georgia, County of [________________________________]
My Commission Expires: [__/__/____]

[NOTARIAL SEAL]

PARENT B:

Signature: _________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Sworn to and subscribed before me this [____] day of [________________], 20[____].

_________________________________ (Notary Public)
State of Georgia, County of [________________________________]
My Commission Expires: [__/__/____]

[NOTARIAL SEAL]

ORDER OF THE COURT

IN THE SUPERIOR COURT OF [________________________________] COUNTY
STATE OF GEORGIA

The foregoing Agreement to Modify Child Custody Order having been reviewed by the Court, and the Court finding that the parties have demonstrated a material change in conditions or circumstances affecting the welfare of the child as required by O.C.G.A. § 19-9-3(b), and that the modified arrangement is in the best interests of the child pursuant to the factors set forth in O.C.G.A. § 19-9-3(a)(3), it is hereby

ORDERED that the Agreement to Modify Child Custody Order is approved and incorporated into this Order of the Court. The prior custody order dated [__/__/____] is modified consistent with the terms set forth herein.

SO ORDERED this [____] day of [________________], 20[____].

_________________________________
Judge, Superior Court
[________________________________] County, Georgia
[________________________________] Judicial Circuit

Sources and References

• O.C.G.A. § 19-9-1 — Parenting plans; requirements for plan
• O.C.G.A. § 19-9-3 — Establishment and review of child custody and visitation
• O.C.G.A. § 19-9-3(a)(3) — Best interest of the child factors (17 factors)
• O.C.G.A. § 19-9-3(a)(4) — Child age 11-13 desires considered
• O.C.G.A. § 19-9-3(a)(5) — Child age 14+ presumptive election of custodial parent
• O.C.G.A. § 19-9-3(b) — Modification standard; two-year visitation review
• O.C.G.A. § 19-9-3(f) — 30-day relocation notice requirement
• O.C.G.A. § 19-13-1 et seq. — Georgia Family Violence Act
• Georgia Constitution, Art. VI, § IV, Par. I — Superior Court jurisdiction
• Georgia Commission on Family Violence, Judicial Protocol for Family Violence Cases