Atlanta, GA asked in Family Law and Child Custody for Georgia

Q: Could a temporary change in custody be a bad idea in the long run?

We have 50/50 custody with a custody order in place. Our 12 yr old wants to be with her mom more during the week than she is now. If we agree to a temporary change could the mom go to a judge and get full physical custody after a few months of the temporary schedule being in place?

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3 Lawyer Answers
Ellaretha Coleman
PREMIUM
Ellaretha Coleman
Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: Yes. If a pattern is established of you not exercising 50% of the time with the minor child, the parent who is now taking on more of the parenting responsibility can request a modification of the current parenting plan.

Regina Irene Edwards
PREMIUM
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Answered
  • Divorce Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: Yes that's possible. But If it is what your child wants, then that probably is better in the long run.

Tessie D. Edwards
Tessie D. Edwards
Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: Yes, it is possible. The Mother can go back to court to request a modification of custody showing that a substantial change has occurred. The Mother could argue that the child has been primarily living with her and therefore she is seeking to modify custody from the 50/50 parenting time to her having primary physical custody based on the current living arrangements of the child.

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