IN THE SUPERIOR COURT OF _________

Modification of Visitation Packet

If a party wishes to change a final order in a family law case, she/he must file a new

case with the court. Both parties should follow the terms of the original order until the

Court issues a new order. Even if the parties agree to a change, the change is not official

until the court approves it in a court order.

Child custody, visitation and child support orders are frequently changed by the

courts. Still, the court follows certain guidelines to determine whether a requested

change is proper.

Visitation can be changed if it is in the best interests of the child. The Plaintiff

need not prove that there has been a "material" change in the child's life or a parent's life.

Once the court grants a modification of visitation, the parties must wait two (2) years to

ask the court for another change. However, if the reason for the requested change is a

material change of circumstances, the two (2) year waiting period does not apply.

In an action seeking modification of visitation rights, since "custody" includes

visitation rights

, any complaint seeking such a change must be brought as a separate

action in the county of residence of the legal custodian of the child; and the superior

court may transfer the question of the determination of visitation rights to the juvenile

court. However, the parties to a case changing visitation rights cannot waive jurisdiction

of the subject matter, but can waive jurisdiction of the person and venue. Accordingly,

the previous county could entertain the case if a new suit is filed and the parties waive

jurisdiction of the person and venue.

Allegations alone as to denial of visitation are sufficient to allege the required

change of condition so as to redetermine visitation privileges. The same is true of

allegations of improper supervision and prejudicing the child against the other parent.

Modification of a court order in family law cases can be a complex process. If

possible, you should discuss your case with an attorney or hire an attorney to represent

you.

IN THE SUPERIOR COURT OF _________________________ COUNTY

STATE OF GEORGIA

__________________________, )

)

Plaintiff, )

)

v. ) Civil Action No. ________________

)

__________________________, )

)

Defendant. )

COMPLAINT FOR MODIFICATION OF VISITATION RIGHTS

The Plaintiff states [his/her] claim for a change in visitation rights as follows:

1.

The Defendant is subject to the jurisdiction of this Court and may be served with a

copy of the complaint and summons at ______________________________________

_______________________________________________________________(address).

2.

The Defendant presently has legal custody of the minor child(ren),

_______________________________________________________________________,

age(s)_________________________ , by virtue of a final decree of

____ Divorce

[OR]

____ Legitimation in Civil Action No. _______________, entered on

_____________________________ (month and day), 20_____ (year), in the Superior Court of

__________________________ County, ________________________________ (state).

3.

Since the date of the final decree,

______ there has been a change in circumstances materially affecting the welfare of the

minor child(ren)

[OR]

______ it is now in the child(ren)’s best interests to change the visitation arrangement

[Explain about the change in circumstances or the child(ren)’s best interests:

________________________________________________________________________

4.

As a result of

____ the change in circumstances

[OR]

____ the child(ren)’s best interests, the visitation rights of the Plaintiff as stated in the

final decree of divorce should be modified as follows:

________________________________________________________________________

THEREFORE, Plaintiff demands:

(a) That the final decree of divorce be modified so as to provide for the requested

change in Plaintiff's visitation rights;

(b) That the Plaintiff have such additional relief as the Court may consider equitable

and appropriate.

___________________________________________

Plaintiff pro se

________________________________________________________________________

Address ________________________________________________________________

Telephone number ______________________________________

IN THE SUPERIOR COURT OF ______________________ COUNTY

STATE OF GEORGIA

_____________________________, )

)

Plaintiff, )

)

v. ) Civil Action No. ________________

)

_____________________________, )

)

Defendant. )

RULE NISI

The within and foregoing Complaint having been read and considered, the same is

allowed and ordered filed.

Let the Defendant be served with a copy of this Complaint and Order thereon and let

the Defendant show cause before the Honorable ______________________________________,

at ________ o'clock __.M., on the ______ day of ______________________________, 20____,

then and there to be heard, why the prayers of the Plaintiff's Complaint should not be granted.

This ______ day of ________________________________, 20_____.

_____________________________________________

Clerk of Superior Court

IN THE SUPERIOR COURT OF _________________________ COUNTY

STATE OF GEORGIA

__________________________, )

)

Plaintiff, )

)

v. ) Civil Action No. ________________

)

__________________________, )

)

Defendant. )

VERIFICATION

Personally appeared before me the undersigned who on oath states that the facts

set forth in this Complaint are true and correct to the best of his/her knowledge and

belief.

_________________________________________

Plaintiff pro se

Sworn to and subscribed before me

This ______ day of ________________________________, 20____.

________________________________________

Notary Public, State of Georgia

My Commission Expires: __________________

IN THE SUPERIOR COURT OF _________________________ COUNTY

STATE OF GEORGIA

__________________________, )

)

Plaintiff, )

)

v. ) Civil Action No. ________________

)

_____________________________, )

)

Defendant. )

ORDER MODIFYING VISITATION

The above-styled case having come before the Court, and the Court being

informed that visitation is at issue, the Court hereby modifies visitation as follows:

________________________________________________________________________

SO ORDERED this ______ day of ________________________________, 20______.

_____________________________________________

JUDGE, Superior Court

____________Judicial Circuit

IN THE SUPERIOR COURT OF ____________________ COUNTY

STATE OF GEORGIA

_______________________________, §

Plaintiff,

§

v. Civil Action

§ File No. _____________________

_______________________________,

Defendant. §

ACKNOWLEDGMENT OF SERVICE AND WAIVER OF SUMMONS

The undersigned Defendant hereby acknowledges service of the above Complaint for Change

of Custody, and states that he/she has received a copy of said Complaint, and Defendant hereby

waives any and all future notice, service, and issuance of process.

This the ________ day of _______________________________________, 20________.

_________________________________________________

Defendant pro se

[Sign in the presence of a Notary Public]

Sworn to and described before me

this ____ day of _________________________, 20____.

___________________________________________

Notary Public, State of Georgia

My Commission Expires: ______________________

IN THE SUPERIOR COURT OF ____________________ COUNTY

STATE OF GEORGIA

_______________________________, §

Plaintiff, §

§

v. § Civil Action # ________________

§

_______________________________, §

Defendant. §

SUMMONS

To the above named defendant:

You are hereby summoned and required to file with the Clerk of said Court and serve

upon ________________________________________________, the pro se plaintiff, whose

address is __________________________________________________, an answer to the

complaint which is herewith served upon you, within 30 days after service of this summons upon

you, exclusive of the day of service. If you fail to do so judgment may be taken against you for

the relief demanded in the complaint.

This the _____ day of ____________________________, 20____.

_________________________________________

Clerk/Deputy Clerk of the Superior Court of _________________ County

If the defendant has not acknowledged service of the complaint and waived issuance of

summons it is your responsibility to present this form to the clerk and insure it is signed

and included with the complaint that is served on the defendant.