Parental Misconduct: When Can I Modify Physical Custody in Georgia?

If you believe your ex is engaging in serious parental misconduct in Georgia, it might be time to modify your physical custody agreement. There are many potential examples of misconduct to consider, and each family situation is slightly different. A few recent cases in Georgia provides us with examples of when – and how – parents might face consequences for alleged wrongdoing. 


If your ex has kidnapped your child, you may be fully justified in modifying the shared custody agreement. Kidnapping is a serious crime in Georgia, even if the child goes willingly with the parent. In April of 2024, it was reported that a 7-year-old Georgia girl had been found in Puerto Rico after being reported missing for a week. The mother of this child, who was not the primary custodial guardian, took the child without permission. 

The FBI was involved in the search for the missing child, and the mother was charged with interstate “child custody interference.” It is not clear whether she intended to permanently escape with the child or whether this was an ill-conceived, spur-of-the-moment vacation. Either way, it represents a crime with a penalty of up to five years. She will also undoubtedly lose custody rights as a result of this incident. 

Child Abuse

Another obvious reason to modify your child custody agreement is child abuse. If your ex is harming or neglecting your child in any way, you are fully justified in taking full control of the minor. As long as you can prove that this abuse is legitimate, securing full custody of your child should be relatively straightforward. 

With that said, abuse comes in many subtle forms – and some types of abuse are easier to prove than others. This was made clear in May of 2024, when a Georgia couple claimed that their child had been wrongly taken away by child protection agencies. Shortly after the child’s birth, they started noticing strange injuries. They took the child for medical treatment, and doctors confirmed that it had suffered numerous broken bones. Child Protection assumed that these injuries were caused by abuse, and they took the child away from the parents. 

However, the parents claim that the child actually suffers from genetic problems and stunted growth due to problems in the womb. This, the parents argue, led to low mineral deposition in her bones and low platelets. Regardless of these arguments, the father is now facing felony charges of child abuse in Georgia. 

This situation shows how complex child abuse allegations can be in Georgia. It helps to work alongside an experienced child custody lawyer in order to pursue positive results – whether you are trying to keep your child or rescue them from an unsafe situation. 

Modify Your Child Custody Arrangement With Lankford & Moore Law

If you’re serious about modifying your child custody arrangement in Georgia, contact Lankford & Moore Law at your earliest convenience. We know how concerning parental misconduct can be, and you may be fully justified in taking back full custody of your child. With our help, you can take your child out of a dangerous situation. Book your consultation today to get started. 

I realized the true function of a lawyer was to unite parties riven asunder. The lesson was so indelibly burnt into me that a large part of my time during the twenty years of my practice as a lawyer was occupied in bringing about private compromises of hundreds of cases. I lost nothing thereby — not even money, certainly not my soul.

Mahatma Gandhi

Lankford & Moore Law in Downtown Lawrenceville

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