Either parent may file a petition to modify a child custody order—but usually only when there is a substantial change in circumstances that affects the child (including changes in one or both of the parents’ lives) that justifies the court revisiting and possibly modifying the earlier child custody order.

The petition to modify child custody generally must be filed in the same court in which the parents’ divorce case was decided. But if the child lives in a different county or state, the courts of the county or state where the child lives may be the proper place to file a petition to modify a child custody order.

In Georgia, either parent has the right to file a petition to modify a child custody order. This can be done if there is a significant change in circumstances that impacts the welfare of the child, such as changes in the living situation, financial stability, or health of either parent. The standard for what constitutes a substantial change is determined by the courts and is focused on the best interests of the child. The petition to modify custody must typically be filed in the court that issued the original custody order. However, if the child has since moved to a different county or state, the petition may need to be filed in the court that has jurisdiction over the child's new residence. It's important to note that Georgia law requires that at least two years have passed since the final custody order unless the child's health or welfare is at risk. An attorney can provide guidance on the specific procedures and requirements for filing a petition to modify child custody in Georgia.