Legal Question in Family Law in Georgia

In Georgia, for a Court to modify an existing custody order, the petitioner (the biological mother in this case) will have to file a motion with the Court requesting the change. The Court will not grant the petitioner's motion for a change in child custody unless: (i) there has been a "material change of circumstances" that would warrant the change, and (ii) it's in the best interest of the children.

So, for instance, if the biological mother now has a job, has been to psychiatric treatment for her instability, has a stable home with enough room for the children, etc., then the Court may consider this to warrant a "material change of circumstances."

Even if the Court finds that a material change of circumstances exists, the Court will still inquire as to whether it is in the best interest of the child. Georgia courts often appoing an independent person (called a Guardian Ad Litem) to conduct an investigation (by interviewing the parties, reachers, doctors, etc., conducting home visits, etc. The Court will take the Guardian's report into evidence in making the determination.

Of course, I always recommend that you consult an attorney if the biological mother files a motion.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******