Crystal Wright | May 27, 2025 | Family Law
If you have children and are going through a divorce, one of the most common issues that will arise is child custody. In some instances, child custody needs to be modified or changed because of the behavior of one parent. There are several reasons a parent may lose custody of their child, discussed in more detail below.
Georgia Child Custody Laws
Georgia, like most states, looks at the best interest of the child when determining a custody arrangement. If the parents can agree to a custody arrangement, the court is likely to accept their agreement. Parents who were married at the time of the child’s birth have equal rights to custody and visitation after a divorce.
Some factors the court may consider when determining the appropriate custody arrangement are:
- The child’s age and maturity level
- The child’s developmental needs
- Relationships between the child and each parent
- Each parent’s income and ability to care for the child
- Any history or prior allegations of abuse or neglect
- The child’s preference (in some cases)
- Any history of substance abuse
Once a child custody order has been entered, the parties must adhere to this order unless it is modified. There are some ways a parent may lose custody of their child even after it has been granted.
What Can Cause a Parent To Lose Custody of Their Child?
In many cases, a judge may award joint legal custody of the child to both parents. In some situations, joint physical custody is also awarded. However, that custody arrangement can change if one parent does something to warrant taking away custody of their child.
One of the most common reasons a parent may lose custody of their child is child abuse. Some other ways a parent may lose custody of their child include:
- Child neglect
- Substance abuse issues
- Domestic or family violence
- Mentally unstable parent
- Poor living conditions
- Failed drug tests
- Child’s exposure to dangerous environments or individuals
- Abduction or unapproved relocation
- Failure to communicate with the other parent
Remember that the child’s best interest is the court’s top priority when making custody decisions. Evidence of any of the behaviors mentioned above could be proof that the child’s best interest is not being served by one parent.
Thus, custody may be revoked from that parent and granted solely to the other parent.
How To Request a Custody Modification
If you believe your child’s other parent needs to lose custody, you will need to file for custody of your child. If a custody order has already been entered, you should file a Petition for Change of Custody in the county where the original custody order was entered. There must be a “material change in circumstances” for the court to hear your request, and the behaviors already mentioned above would likely all qualify.
You will need to provide some evidence along with your petition that shows the child’s best interest is no longer being met. The petition will be served on the other parent, and the court will set a date for a hearing. At the hearing, the judge will hear evidence from both parties about whether or not one parent should lose custody.
A Family Lawyer Can Help
After hearing all the evidence, the judge will make a decision about whether or not a parent will lose custody. Child custody issues can be extremely emotional, and it is best to seek help from an experienced family lawyer to help you through the process. Your lawyer can help you gather evidence to prove your case and can walk you through the legal process of getting a custody agreement modified.
Contact the Lawrenceville Child Custody Lawyers at Crystal Wright Law For Help Today
At Crystal Wright Law, we understand that every family is unique and are committed to helping you find the best solution for your situation. Our experienced family law attorneys can provide the guidance and support you need to make informed decisions. Don’t face these challenges alone. Contact Crystal Wright Law’s experienced child custody lawyers at (404) 594-2143 to schedule a free consultation today.
We serve all through Lawrenceville, Georgia, in Gwinnett County and its surrounding areas.
Crystal Wright Law
440 S. Perry Street, Suite 105
Lawrenceville, GA 30046
(404) 594-2143
