Fulton Georgia Joint Petition to Modify or Amend Divorce Decree of Father Agreeing to be Sole Provider of Child

State:
Multi-State
County:
Fulton
Control #:
US-02041BG
Format:
Word; 
Rich Text
Instant download

Description

The following form is a Petition that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.


Fulton Georgia Joint Petition to Modify or Amend Divorce Decree of Father Agreeing to be Sole Provider of Child is a legal document filed in Fulton County, Georgia, that allows parents to request changes or amendments to a previously issued divorce decree where the father has agreed to be the sole provider for the child. This petition is typically filed when there is a significant change in circumstances that necessitates modifying the existing custody and support arrangements. Keywords: Fulton Georgia, Joint Petition, Modify, Amend, Divorce Decree, Father, Sole Provider, Child, legal document, Fulton County, Georgia, changes, amendments, custody, support arrangements. Different types of Fulton Georgia Joint Petition to Modify or Amend Divorce Decree of Father Agreeing to be Sole Provider of Child can be categorized based on specific reasons for modification or amendment: 1. Financial Change: If there has been a significant change in either parent's financial situation, such as a decrease or increase in income, job loss, or substantial increase in expenses related to the child, a joint petition may be filed to modify child support and allocation of costs. 2. Parental Relocation: If either parent plans to move out of the current jurisdiction, a joint petition can be filed to modify custody and visitation arrangements accordingly. The court will consider the impact of relocation on the child's best interests. 3. Changes in Child's Needs: If the child's educational, medical, or other essential needs have changed since the original divorce decree, a joint petition can be filed to modify the existing arrangements to ensure the child's wellbeing. 4. Parental Incapacity: In cases where the father, who has agreed to be the sole provider, becomes incapacitated due to physical or mental health issues, a joint petition can be filed to modify custody and support arrangements. 5. Parental Misconduct: If the father has engaged in behavior that puts the child's welfare at risk, such as neglect, abuse, or substance abuse, a joint petition can be filed to modify or amend the divorce decree to protect the child's best interests. It is essential to consult with an attorney experienced in family law to determine the specific requirements and procedures involved in filing a Fulton Georgia Joint Petition to Modify or Amend Divorce Decree of Father Agreeing to be Sole Provider of Child, as they may vary based on individual circumstances and jurisdiction.

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FAQ

First, to support a request to change child custody, the parent must show that circumstances have changed since the original order. Second, the parent must prove that under the new circumstances the original order no longer reflects the best interests of the child.

What Does It Take to be a Substantial Change? In Florida, the courts have defined a substantial change in circumstances to be one that is significant, material, involuntary, and permanent in nature. The situation could not have been known about or considered at the time that the divorce ruling was made.

A change of circumstances refers to the showing required by a party seeking to modify a prior child support, spousal support, or custody order. Generally, the change in circumstances must be substantial in nature and due to facts that were unknown or unanticipated when the prior order was issued.

A material change of circumstances is an alteration in the facts and conditions associated with a custodial scheme or arrangement so significant that the existing plan no longer satisfies the best interests of the child.

Only those relocations that will impact the ability of the parents to visit with the child are likely to be considered a change of circumstance. In other words, moving with the child to another subdivision in the same town is not likely to result in a modification of the parenting plan without additional facts.

A determination of parental responsibility, a Parenting Plan and a time-sharing schedule may not be modified without a showing of a substantial, material, and unanticipated change in circumstances and a determination that the modification is in the best interests of the child(ren).

Reasons a Judge Will Award a Child Custody Modification Child's needs have changed. Child is in danger (physical, emotional, sexual, or psychological abuse) One or both parents' situations have changed. The non-custodial parent's work schedule changed.

To compensate for changes, Florida law allows parties to petition for the modification of custody. However, for a court to grant a modification of the time-sharing arrangement, the petitioning parent must provide evidence of a substantial, material, and unforseeable change in circumstances.

Either or both parents can file a motion to request a modification. The petitioner needs to include documentation or provide proof that the original order is no longer favorable to the child's best interests. The court will then hear the case. The judge may require a custody evaluation to be conducted.

The general rule is that you file your Petition for Change of Custody and Child Support in the county where the other side lives. If the other side lives in a different county in Georgia, but will agree to you filing in your county, he/she will need to sign a Waiver of Venue.

More info

A motion to change the custody arrangements of a minor child. Amended effective May 5, 1994; October 7, 2010; May 23, 2013.What do sole custody and joint custody mean? 15 Section 3 and Titles I through IX of the Violence Against Women and Department of Justice.

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Fulton Georgia Joint Petition to Modify or Amend Divorce Decree of Father Agreeing to be Sole Provider of Child