..., 325 Ga. App. 596, 754 S.E.2d 385 (2014), cited by Hedden, is of no effect because OCGA § 19–9–3 (b) contains language that differs...significantly from the statutory section at issue in this case—that is, absent a change in material conditions or circumstances, OCGA § 19–9–3 (b) allows a party seeking a custody modification to do so...). Heden’s March 2016 motion, to the extent it was based on the preference of the child as contemplated in OCGA § 9–9–3 (a) (5), should have been denied as premature.
We note, however, that a judge is not restricted from changing the custody arrangement for a child where there is a change in material conditions or circumstances of the parties or child. See OCGA § 19–9–3 (b).--------
Judgment...