You may think the custody agreement with your ex is working out well, then find yourself blindsided when he or she tells you of plans to relocate with the children. Can you put a halt to a move that would prevent you from seeing your children as often as you currently do? The answer to that question depends on a number of issues considered by the court. The bottom line for the court will be whether the move will harm your child’s relationship with you (the non-custodial parent).

When divorced parents reside in the same city—or at least in the same county—co-parenting generally allows both parents to see their child or children as frequently as possible. While it may not always be easy, it is, at least, logistically possible. Courts virtually always agree that consistent time spent with both parents is in the child’s best interests, barring a serious parenting issue involving drugs, alcohol, or abuse.

How Georgia Custody is Determined

When a Georgia judge determined your current custody arrangement, there were many factors that helped make that decision. These factors may have included:

• The level of emotional ties the child has to each parent.
• The level of emotional ties the child has to siblings, half-siblings, and step-siblings that reside in either parent’s home.
• The ability of each parent to provide the child with love, care, food and shelter, a good education, and medical attention when needed.
• The extent to which each parent understands the child’s needs.
• The home environment of each parent and the stability of those environments
• The mental and physical health of each parent.
• Special considerations for the child, including his or her home, school, community, and special needs.
• Whether each parent will encourage a good relationship between the child and his or her other parent.
• A history of violence, abuse, substance abuse, or crime for either parent.

In other words, the court looks at virtually anything and everything that could potentially impact the best interests of the child when considering custody decisions.

Modifications of Custody Arrangements Including for a Proposed Move

While custody arrangements, once reached, are generally close to being set in stone, they can be changed when there is a significant change in either parent’s life. A parent moving to another state would be considered a significant change. As such, this could potentially alter the current custody arrangement. A parent who is considering changing residences must notify the other parent of such a change at least 30 days before the move, including the proposed address of the new residence.

This gives the non-custodial parent time to file a petition with the court to modify the current custody arrangement. Before 2003, the parent with primary custody could keep that custody, even if they chose to move. This happened unless the non-custodial parent could prove the move would endanger the child’s emotional, mental, or physical health.

The Georgia Supreme Court overturned that rule, so today, the judge will determine only whether the move is in the child’s best interests. In other words, while the move could be a great opportunity for the moving spouse, if the child would have to leave friends, relatives, a school he or she was doing well in, and extracurricular activities, the judge might find the move was not in the child’s best interests.

Will I Be Awarded Primary Custody?

If the court determines the move is not in the child’s best interests, the judge may deny the custodial parent’s request to move. The parent who wants to relocate should show compelling reasons for the move, especially how the move will benefit the child. The bottom line will be whether the child will suffer harm by having little to no contact with you, the non-moving parent. If the judge finds it is in the best interests of the child to remain where he or she is right now, then primary custody could be transferred to you—or the parent who wanted to move may decide to stay where they are rather than risk losing custody.

When the Court Allows a Move

If the court agrees that the move is in the child’s best interests, then child support may be modified as a means of helping you pay for the higher transportation costs you will incur from traveling to see your child. When making these decisions, the judge must determine the true motivation of both parents, whether the current relationship between the parents is amicable, and what impact a move would have on the child’s relationship with friends, school, relatives, and community.

Finally, under Georgia law, a child who is 14 years or older can decide who he or she wants to live with, signing an affidavit declaring they do not want to move, preferring to remain with the non-moving parent. In some cases, the court could consider the desires of a child as young as 11.

Call Our Experienced Atlanta Family Law Attorneys

At Hobson & Hobson, P.C., our Atlanta divorce attorneys know the issues that arise during most divorces. We work quickly to help ensure that our clients are treated fairly throughout the process. We want to protect your future and your retirement accounts.

If you are considering a divorce or have questions regarding your specific case, call us today at (770) 284-6153 or fill out our confidential contact form. We can set up a consultation, so you can review all your legal options.