Relocating with children after a divorce creates legal challenges, especially when custody agreements exist. Georgia courts decide relocation cases based on the child’s best interests. A major 2021 court ruling changed how judges handle these cases, making it more important than ever to understand your rights.
Do you need court approval to relocate?
Georgia law does not automatically prohibit relocation, but specific rules apply. A custody agreement requires written notice to the other parent at least 30 days before moving. The non-relocating parent can challenge the move, and a judge will decide the outcome. Judges consider how relocation affects the child’s well-being, schooling, and relationship with both parents.
How did the 2021 Georgia case change things?
A 2021 Georgia court ruling made relocation more difficult for parents with primary custody. In the past, courts often allowed the move if the relocating parent had primary custody. Now, judges reevaluate custody arrangements, sometimes shifting primary custody to the parent staying in Georgia. Moving away could result in a loss of primary custody.
What factors do Georgia courts consider?
Judges examine several factors before approving relocation:
- The reason for the move (job opportunity, family support, etc.)
- How relocation affects the child’s stability
- The child’s relationship with both parents
- The distance and impact on visitation schedules
- The child’s preference (if they are 11 or older)
If the judge determines relocation does not serve the child’s best interests, they may deny the request or modify custody.
Can relocation affect child support and visitation?
Relocation often leads to changes in child support and visitation. A long-distance move may require adjustments to the visitation schedule or virtual visitations. Travel costs could also affect child support payments.
Understanding Georgia’s laws on parental relocation helps you prepare for potential custody challenges. A court’s decision can impact custody, child support, and your relationship with your child.
