Changing Custody in Georgia

Hello ~ currently my daughter is 8, soon to be 9, and her father and I get along now and we both would like to change the custody as it stands. He won custody when she was 4, and at the time it was better for her to be with him. The situation was very difficult and I had had two lawyers who did not do their job. The first one pawned it off as he was too busy. My second lawyer was diagnosed with brain cancer and tried to do his best, but he failed to notify me of many things. For instance, I did not know I was going to court for the actual court decision on who would take physical custody of my daughter until the night before and I also did not have any time to subpoena my friends (who are my other family) to testify on my behalf. I have had tumultuous relationship with my parents and the decision to grant the father primary and physical custody with me only having monitored visitation. Now, as of today, the father and I get along very well and we seek to change the way the papers were drawn over 4 years ago. What I am looking for is a basic guideline in how to achieve this goal. Circumstances have changed and it would be best that the father and I share joint custody and leave all decisions about the care of our daughter between us. My parents, my daughter's grandparents, have control issues and find ways to complicate the natural progression of healing and letting bygones be bygones. I am not trying to defend myself but I am in regards to changing custody. My daughter does not like to visit her grandparents every other weekend and would like to stop. That was part of the divorce. I would like to have some guidance in how I can start the proceedings to change the current custody to remove my parents from having my daughter every other weekend to where I do and the father and I can split holidays. We only live 35 miles from each other. I intend to do as much possible on my own and then hire a lawyer to represent me when I can go to court. I appreciate any help! Thank you!

If your parents have visitation pursuant to a court order, and you wish to change that, you will need to petition to have the order changed. It would probably be wise to use an attorney, to petition the court to revise the present custody arrangement to joint custody by stipuation of you and your husband, to remove the restrictions on your custody and parenting time, and to revisit grandparental visitation in accord with the wishes of you and your husband and the laws of your state.

Thank you for your answer, it is very much appreciated. I understand that I will need to consult a lawyer to make it happen, but in your opinion, does my daughters thoughts matter? At what age can she be heard by the court if need be? Thank you again and I hope you have a great day and stay warm! ;-)

If a Georgia court hears a custody case, where the parents desire, the child's preference is taken into consideration among other factors relevant to the custody determination. Children below the age of seven may first be questioned by the court to determine if they are competent to state an opinion (essentially, if they can tell truth from lies). The older the child, the greater the weight that is likely to be given to the opinion. Unlike other states, under law a Georgia court must ordinarily defer to a child's preference once the child is 14 or older.

Thanks again, looks like I have a lot of hard work to accomplish, but I know that it will turn around for the best. You have helped me move in the right direction to get the ball rolling! Thank you.