How Custody Impacts A Parent’s Wish To Relocate

As circumstances change, there may come a time when you want to move to another part of Georgia or out of the state altogether. These moves may be the result of a new job opportunity, a need to live closer to loved ones or simply the desire of a change of scenery. Whatever the underlying purpose of your move may be, your relocation wishes can be complicated if you have custody of your children following a divorce.

The lawyers at McMahan Perry & Phillips, LLC, work closely with family law clients throughout west Georgia. We understand Georgia’s family laws and know what the court looks for when evaluating relocation requests. Whether you are seeking to move out of state with your children or are contesting relocation, we have the knowledge and resources needed to effectively advise you.

Georgia’s Parental Relocation Process

When moving with a child, one parent cannot simply move unilaterally without notifying the other parent. They will need to request a modification that permits the relocation. In order to begin this process, the relocating parent must provide 30-day notice to the non-relocating parent.

After filing the petition, an injunction will be established while the judge determines whether to permit the relocation. The underlying principle the courts use is the best interest of the child. The factors that impact the child’s best interest include the child’s involvement in the community, whether any relatives live nearby and the reasons for the move. Additionally, for children 14 and older, the court will also consider whether the child wants to relocate so long as that decision reflects their best interests.

Working To Protect Parents’ Rights

For parents who want to have continued access to their children, parental relocation matters are of the utmost importance. We will work to advocate for your interests and find solutions that reflect your wishes.

We invite you to schedule an initial consultation in our Carrollton office by calling 678-664-4360. You may also contact our attorneys via email.