Attorney Ashley M. Brodie has appeared as a guest host on Law Call, a Macon-based live TV program where callers ask legal questions about a number of issues like personal injury, car accidents, family law, estate planning, etc.
This post is part of a short recap series based on questions from show related to family law.
Quick Answer: Can I modify child custody in Georgia because my ex has overnight guests?
To change custody in Georgia, you generally must show a material change in circumstances and that the requested change is in the child’s best interests. Concerns about overnight guests may be relevant in some cases, but a “morals clause” is not something courts automatically add.
Caller’s Situation
A father said he divorced his ex-wife and later learned she may have boyfriends stay overnight or move in. He did not want his children around people he does not know.
Caller’s Question
Can he file for a custody modification and enforce a “morality clause?”
What a Morals (Morality) Clause Is
A morals clause typically limits overnight guests of the opposite sex who are not related by blood or marriage while a parent has custody or parenting time. These clauses are not automatically part of custody orders.
Can a Court Order a Morals Clause?
In many cases, a morals clause is only included if both parents agree to it in the custody order or settlement. If there is no agreement, the focus usually shifts back to whether the facts support a modification based on the child’s welfare and the legal standard for changing custody.
When a Custody Modification May Be Possible
To pursue a custody modification, a parent generally needs evidence of a substantial (material) change in circumstances, not just a minor change. A court may consider whether circumstances involving the child’s home environment have changed and whether the child’s welfare would be improved by modifying the order.
A custody change does not always require proving the other parent is “unfit.” The question is whether circumstances have materially changed and whether a change is in the child’s best interests.
Talk to a Child Custody Lawyer in Middle Georgia
If you’re dealing with a custody modification question or visitation problems, it helps to review your current order before you file anything.
Call Brodie Law Group at (478) 239-2780 or start here: Middle Georgia family law attorneys.
Serving clients across Middle Georgia. For custody help in Macon, see our Macon child custody lawyer page.
