Modifying Custody After Coming Home From Active Duty in Atlanta

If you have just returned from active duty, you may be eager to spend time with your children. But what if you have a child custody order in Atlanta that prevents you from enjoying these precious moments? In this situation, you might want to modify your child custody agreement with help from an experienced family law attorney.

When Can I Modify My Child Custody Order After Returning From Active Duty?

Generally speaking, you are allowed to file a petition to modify child custody after a substantial change in circumstance. A return from active duty could represent a change in circumstance that satisfies the family court.

That said, the family court will only modify child custody if you are planning to remain in Atlanta for the foreseeable future. If your military branch is likely to call upon you again in the near future, you may struggle to modify custody. In the eyes of the court, you may need to leave again in the future, and this might affect the child’s best interests.

Perhaps you have transferred to a permanent posting close to the Atlanta area, and you no longer expect to serve overseas or in a different state. Maybe you have transferred to a National Guard regiment. Perhaps you have received an honorable discharge, and you are finished with military service altogether. In these situations, you could potentially modify your child custody agreement in order to spend more time with the kids.

Is My Ex Allowed to Stop Me From Seeing My Kids After I Return?

Your ex may be legally justified in preventing you from seeing your children after you return. As a general rule, you should refer back to the original custody agreement to see when and how you can spend time with your children. If your ex has sole physical custody, they might be in complete control of the child’s physical movements.

However, you always have the right to visit with your child. If your ex is preventing you from even spending a few hours with your children, you could raise this issue with the court and fight for your visitation rights.

Note that your ex might try to oppose your attempts to regain shared custody. Perhaps they will make allegations about past domestic violence incidents, substance abuse, or other misconduct. With help from an experienced family law attorney, you can push back against these allegations.

Can an Atlanta Family Law Attorney Help Me Modify My Child Custody Agreement? 

If you are back from active duty and you plan to remain in the city for the foreseeable future, you have every right to spend more time with your children. However, you may need to modify your child custody agreement in Atlanta before you can enjoy these precious family moments. Speak with an Atlanta family lawyer at Buckhead Family Law today to learn more about this process.

Sources:

 georgia.gov/file-child-custody

georgiacourts.gov/a2j/self-help-resources/family-law/child-custody/