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Changing Custody

Atlanta Child Custody Modification Attorneys

webassets/2.jpg The law requires a substantial change in circumstances to reverse a court order for physical custody. Courts are especially reluctant to award sole custody, which cuts one parent out of the picture.

Edwards & Associates has prevailed on both sides of custody modifications. We have helped mothers and fathers gain custody when their child needed to be removed from imminent harm or a detrimental environment. We have also successfully defended good and loving parents who risked losing their children to a spiteful ex-spouse.

Our attorneys exclusively handle family law, practicing in all family courts of the Greater Atlanta, Georgia area. We have litigated every scenario and many complex, bitter and high-profile custody disputes. We have the experience and courtroom skill to fight for you and what's best for your child.

Reversal of Physical Custody

Physical custody refers to the child's primary residence. The child lives with one parent, but the other parent has regular visitation and joint legal custody (decision-making). Under certain circumstances, it may be prudent or necessary for the child to live with the other parent:

  • An older child wishes to switch households.
  • The primary parent has a new work schedule.
  • The primary parent is relocating far away.
  • A child is having problems in school.
  • A new spouse or boyfriend/girlfriend has moved in.
  • The primary parent needs to address personal problems.

The parent who is giving up primary custody will still have visitation, unless it would be unhealthy for the child. Petitions to switch custody may be an agreement between parents. They may be contested, requiring the involvement of a guardian ad litem (child advocate), social workers and other professionals to advise the court on what is best for the child. Either way, you should have an attorney to ensure your legal interests are protected.

Petitions for Sole Custody

Either parent can move for sole custody. The primary parent may believe that continued contact with the non-custodial parent is harmful to the child's well-being. Sole custody would cut off visitation, or allow only supervised visitation.

The non-custodial parent can also sue for sole custody. This requires a showing that the primary parent is unfit because of incarceration, drug use or alcohol addiction, child abuse or neglect, domestic violence in the home, mental illness or other circumstances that present a clear danger or detriment to the child.

Sole custody disputes tend to be very heated and nasty, with accusations flying back and forth. The court is very reluctant to terminate one parent's access and involvement in raising a child, and it will carefully consider whether sole custody is the solution.

 

Experienced Post-Divorce Custody Modification Lawyers

We know that your children are more important than anything. We will fight for you and make sure you have the opportunity to be heard. Our role is to help clients put their best foot forward and make a compelling argument to gain full custody or retain custody.


 

At Edwards & Associates, we understand how important your children are to you. Call 404-841-0155 or contact us online to arrange a confidential consultation. We serve clients throughout the Greater Atlanta area, with offices in Atlanta (Buckhead), Lawrenceville and Dunwoody.

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