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 The parties submit this Agreement to Modify Child Custody Order ("Modification Agreement") for the Court's review. They ask the Court to determine whether changed conditions or circumstances support the requested custody modification under O.C.G.A. § 19-9-3(b) and whether the proposed terms serve the child's best interests under subsection (a)(2).

1.2 The parties submit this Agreement in the existing custody case in the Superior Court of [________________________________] County, Georgia, subject to that Court's determination of jurisdiction and venue.

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: [__/__/____]

III. MATERIAL CHANGE IN CIRCUMSTANCES

3.1 The parties identify the following changes since entry of the Prior Order. The Court will determine their legal effect and the child's best interests under O.C.G.A. § 19-9-3(a)(2) and (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 selected a custodial parent 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 selected ☐ Parent A ☐ Parent B as the custodial parent. Under Georgia law, that selection is presumptive unless the Court determines that the selected parent is not in the child's best interests. Describe how the selection was communicated and any supporting record: [________________________________].

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)(6):

☐ 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):

If joint legal custody is selected, the parties propose the following allocation of major decisions and a method to resolve disagreements:

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 ([START DATE]–[END DATE]):
[________________________________]
[________________________________]
[________________________________]

Summer Schedule ([START DATE]–[END DATE]):
[________________________________]
[________________________________]

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 ask the Court to consider all relevant factors, including the statutory factors below. Give case-specific facts for each factor that matters; the Court makes the best-interest determination.

VII. GUARDIAN AD LITEM

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

☐ A guardian ad litem has been appointed. The guardian ad litem is [________________________________], and the report dated [__/__/____] ☐ supports ☐ does not support the proposed terms. O.C.G.A. § 19-9-3(a)(3)(O) permits the Court to consider a guardian ad litem's recommendation.

VIII. FAMILY VIOLENCE DISCLOSURE

8.1 The parties disclose any family violence within the definition in O.C.G.A. § 19-13-1, including any felony or the listed offenses between covered family or household members. The Court considers the child's and victim parent's safety if it finds family violence under O.C.G.A. § 19-9-3(a)(4).

☐ 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:
[________________________________]

Safety terms requested, if applicable: [SUPERVISED PARENTING TIME / SAFE EXCHANGE / OTHER COURT-ORDERED PROTECTION].

IX. RELOCATION PROVISIONS

9.1 Except where a court order provides otherwise, O.C.G.A. § 19-9-3(f)(3) requires a parent changing his or her residence to notify the other parent at least 30 days before the anticipated change and to include the full address of the new residence. A custodial parent must also notify any other person granted visitation or parenting time under Georgia law or a court order.

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: The parties intend to attempt mediation of an ordinary implementation dispute through [MEDIATOR OR LOCAL ADR PROGRAM], if appropriate and consistent with court orders. This clause does not delay a request for emergency relief or a filing concerning family violence or child safety. Court rules and orders control any required process.

10.2 Parenting Coordinator: The parties may jointly request the Court's approval of a parenting coordinator to assist with implementation disputes. Any role and authority must be specified in the Court's order.

10.3 Court Filing: Either party may ask a court with jurisdiction to modify the custody order when permitted by applicable law.

XI. ADDITIONAL PROVISIONS

11.1 Access to Records: Unless the Court orders otherwise, both parents shall have access to the child's records and information, including education, health, health insurance, extracurricular activities, and religious communications, as stated in 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.
5. The completed permanent parenting plan attached as Exhibit A is submitted for incorporation into the modified custody order as required by O.C.G.A. § 19-9-1(a).

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 a change in material conditions or circumstances of a party or the child under O.C.G.A. § 19-9-3(b) and that the modified arrangement is in the child's best interests under O.C.G.A. § 19-9-3(a)(2)-(3), it is hereby

ORDERED that the Agreement to Modify Child Custody Order and its completed permanent parenting plan (Exhibit A) are 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

EXHIBIT A — PERMANENT PARENTING PLAN

The parties submit this completed exhibit for incorporation into the modified custody order under O.C.G.A. § 19-9-1. The schedules in Section V of the Agreement are part of this plan; complete the additional terms below and attach a dated calendar if needed.

A.1 Parent-child relationship and changing needs. The parties recognize the importance of a close and continuing parent-child relationship and continuity in the child's life. They will review the child's changing needs as the child matures and make reasonable parenting adjustments consistent with the order, seeking court modification when required. The parent caring for the child will make day-to-day and emergency decisions while the child is residing with that parent, subject to the allocation of major decisions in Section V.2. Both parents will have access to the child's records and information unless the Court orders otherwise.

A.2 Physical-care calendar. Attach a calendar designating where the child will spend each day of the year, including the start and end dates of each school-year, summer, and vacation period. The regular weekly rotation is: [DAYS, TIMES, START DATE, AND PARENT]. Calendar attached: ☐ Yes ☐ No.

A.3 Holidays and special occasions. For each holiday, birthday, school break, vacation, and special occasion listed in Section V.5, specify the parent and start and end time or attach a schedule giving those details: [SCHEDULE OR ATTACHMENT].

A.4 Exchanges and transportation. Exchange location: [ADDRESS]. Exchange time: [TIME]. Parent responsible for transport: [PARENT OR ROTATION]. Transportation costs: [ALLOCATION]. Other exchange terms: [DETAILS].

A.5 Supervision. Parenting time ☐ does not require supervision ☐ requires supervision as follows: [SUPERVISOR, LOCATION, HOURS, COST, AND CONDITIONS].

A.6 Major decisions and disagreement. Education: [PARENT OR JOINT]. Health: [PARENT OR JOINT]. Extracurricular activities: [PARENT OR JOINT]. Religion: [PARENT OR JOINT]. If a matter is jointly decided and the parents disagree, they will use this procedure, subject to urgent safety needs and Court orders: [PROCEDURE AND FINAL DECISION ROUTE].

A.7 Contact and information. Any limitations on the other parent's contact with the child while one parent has physical care: [NONE OR SPECIFIC TERMS]. Any Court-ordered limits on access to education, health, extracurricular, or religious information: [NONE OR SPECIFIC ORDER].

A.8 Military deployment, if applicable. ☐ No military parent is a party. ☐ A military parent is a party; specify the child's transition into temporary care upon deployment [DETAILS], continuing contact with the deployed parent [DETAILS], any delegated parenting time for extended family [DETAILS], return and transition to the predeployment plan [DETAILS], and why these terms serve the child's best interests [DETAILS]. Any modification for deployment remains subject to applicable law and Court approval.

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)(6) — 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)(3) — 30-day relocation notice requirement
• O.C.G.A. § 19-13-1 — Family violence definition