Georgia
How do I change a custody order in Georgia?
Quick answer
A Georgia court can enter a new custody judgment in a new proceeding based on a showing of a change in any material conditions or circumstances of a party or the child (O.C.G.A. § 19-9-3(b)). The visitation or parenting time portion of a custody judgment can also be reviewed without showing a change in circumstances, but not more often than once in each two-year period after the judgment was entered.
Researched by Dan Martin, Legal Researcher · Published by Onbello Legal · Last updated October 2026
Where to file
A complaint seeking a change of legal or physical custody is initiated in compliance with Article VI, Section II, Paragraph VI of the Georgia Constitution (§ 19-9-23(a)), which places civil cases in the county where the defendant resides. It cannot be filed in response to a petition for habeas corpus or any other action to enforce a custody order, such as a motion for contempt (§ 19-9-23(b)). The other party may bring a counterclaim for modification in response to your complaint (§ 19-9-23(d)).
Children 14 and older
A child who has reached 14 has the right to select the parent with whom the child desires to live, and the selection is presumptive unless that parent is determined not to be in the child’s best interests. The selection may, in and of itself, be a material change in a modification action, but it may be made only once in two years and the best interests standard applies (§ 19-9-3(a)(5)). For a child aged 11 to 13, the judge considers the child’s desires and educational needs, but the child’s selection is not by itself a material change (§ 19-9-3(a)(6)).
What happens in the case
A parenting plan is required in modification actions, and the final order must incorporate a permanent parenting plan (§ 19-9-1(a)). After a change of custody action is filed, the judge may change custody on a temporary basis pending final judgment (§ 19-9-3(e)). Parents may present an agreement, which the judge ratifies unless the judge makes specific written findings that it would not be in the child’s best interests (§ 19-9-5).
Tools and resources
Where to check this
Forms, deadlines, and local rules change. Verify anything on this page against the official self-help resources for your state before you rely on it.
This page is general legal information, not legal advice, and does not create an attorney–client relationship. Laws and local rules vary and change. For advice about your situation, consult a licensed family-law attorney in your state.