Attorney Ashley M. Brodie recently appeared as a guest host on the popular Macon television show, Law Call. Airing every Sunday evening at 11:35 p.m. on channel 13WMAZ, Law Call is a live television program where callers call in to have their legal questions answered. Ashley has appeared several times as a guest host, answering questions about divorce, child custody, custody modifications and other family law topics.
Over the next few weeks, we are providing a question by question recap of the questions Ashley was asked while on the show.
Part 1 of Law Call Recall: Legitimation and Child Custody
PART 2 OF 3:
Ashley received several questions on Law Call regarding child custody modifications.
CALLER’S FACTS:
The caller stated he had divorced his ex-wife, but at the time he didn’t take into account that she may later have boyfriends stay overnight or move in with his ex-wife. The caller doesn’t want his children to be around other men that he doesn’t know.
CALLER’S QUESTION:
Can he file for a child custody modification and enforce a “morality or morals clause?”
ASHLEY’S ANSWER:
A morals or morality clause typically prohibits overnight guests of the opposite sex not related by blood or marriage from staying overnight while a party has custody or visitation with their children. In Georgia, courts no longer have the authority to order a morals clause unless both parties agree to have the clause included in their divorce decree or child custody order.
However, Ashley suggested that if the caller had concerns with the well-being of his children while in the care of his ex-wife then he could file for a modification of child custody based on those concerns.
In order to file for a child custody modification — a person must be able to show that there has been a material change in circumstances. That doesn’t mean a small change, but a substantial change. This is a factual question and must be supported by evidence before a court will address a possible modification of child custody.
It is not necessary that the parent originally awarded custody be found to be an unfit parent in order to change custody. The court looks to any new and material change in circumstances of either parent or child.
Two showings for a custody change can be made:
- Original custodian is no long able or suited to retain custody, or
- Conditions and circumstances surrounding the child have changed that their welfare would be enhanced by modifying the original judgment
For more information about child custody in Georgia:
Child Custody Questions and Answers
Speak with a Macon Child Custody Lawyer Today
To determine whether you qualify for a child custody modification, or if it is even a good idea to pursue a modification, contact Ashley M. Brodie today at (478) 239-2780 to schedule a consultation with Ashley at her Macon office.
