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Child custody relocation cases in Georgia

After a child custody order has been issued, there are situations which may arise leading the custodial parent to want to relocate with the child. Especially in cases in which the resulting move would be a fair distance away or to another state, such a move can disrupt the other parent's ordered visitation with the child.

In the event that the parent who has visitation rights agrees to the move, the parents may file a stipulation with the court having jurisdiction. In many cases, however, the parent with visitation rights will object to the move. In that case, the parent who wishes to relocate will need to file a motion with the court in order to seek the court's approval. Upon filing the motion, the moving party will need to serve a copy of the motion along with a notice of the court hearing date upon the other parent.

The parent who receives a relocation motion to which he or she objects will have a deadline within which to file an objection. At the hearing, the court will take evidence from both parents regarding the reason for the move and the impact such a change may have on the child. As in other types of child custody decisions, the court will make its ruling based on the best interests of the child.

Whether a parent is the custodial parent wishing to relocate or the parent with visitation rights, obtaining the help of a family law attorney who has experience in custody matters may be advisable. The attorney can advocate on behalf of the client in order to help protect both the client's and the child's rights.

Source: Findlaw, "Child Custody Relocation Laws", December 22, 2014

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