After a divorce, circumstances can change quickly. A parent may find a new job, remarry, need family support or simply want a different place to call home. Relocation may be a reasonable next step, but when children are involved, the decision can affect more than the parent planning the move.
A child may have a school, community and relationship with the other parent in Georgia. A move to another state could make the existing custody arrangement harder to maintain. For that reason, Georgia law places certain requirements on parents who relocate and allows custody arrangements to be addressed when circumstances change.
Before making plans to move, consider these four important issues.
1. A move does not automatically change custody
Relocating to another state does not automatically transfer custody from one parent to the other. However, a significant change in circumstances may lead to a review of an existing custody arrangement. Georgia courts consider the child’s best interests when making custody decisions.
2. Georgia requires advance notice
A custodial parent who changes residence generally must provide the other parent with written notice at least 30 days before the planned move. The notice must generally include the new address unless a court order states otherwise.
4. The child’s best interests remain central
When relocation affects custody, Georgia courts focus on how the proposed move could affect the child. A court may consider the child’s age, school, stability, relationships with each parent, family connections and the practical effect of traveling between states.
These factors can affect what the custody arrangement looks like after a move. For example, if distance makes the existing schedule difficult to maintain, the court could modify parenting time or, depending on the circumstances, award one parent primary physical custody while giving the other parent a different parenting schedule. The court weighs the benefits of the proposed move against its potential impact on the child’s relationship with both parents.
4. Disagreements may require court intervention
If parents cannot agree about relocation or changes to custody, the dispute may need to go before a court. A judge can consider the circumstances and determine an arrangement that serves the child’s best interests.
Relocation can change the practical balance of a custody arrangement, even when the reasons for moving are understandable.
When relocation calls for legal guidance
There may be good reasons for a parent to move, just as there may be good reasons to preserve a child’s connection to both parents. Georgia family law recognizes that these interests can overlap and sometimes conflict.
Before relocating, reviewing the existing custody order and understanding the legal requirements can help avoid unexpected complications. A Georgia family law attorney can provide guidance based on the specific custody arrangement and circumstances.