Navigating joint custody arrangements is rarely easy, especially when one parent is considering relocating. If you’re a parent in Georgia sharing custody of your children and thinking about moving, you likely have a lot of questions swirling in your mind:
How will this impact my custody agreement? Can my ex stop me from moving? How far away am I allowed to go?
First, take a deep breath. This is undoubtedly a stressful and emotionally turbulent time. Having an experienced Atlanta child custody modification attorney on your side to help you understand your rights and options can provide much-needed peace of mind. Consulting a reputable family law firm in Georgia can further ensure that all legal requirements are met and that your case is handled with expertise.
So, what exactly are the rules in Georgia when it comes to relocating with joint custody?
Georgia’s Relocation Laws for Custodial Parents
In the Peach State, no hard and fast rule dictates precisely how many miles away a custodial parent can move. However, Georgia law does require parents to provide written notice of their intention to relocate at least 30 days in advance.
According to 2022 Georgia Code O.C.G.A. § 19-9-1(a)(3), if you share joint physical custody and plan to move, you must:
Give the noncustodial parent written notice via certified mail at least 30 days before your move
Include the date of the move, your new address, and a reason for relocating
But here’s where things get tricky. Even if you follow these statutory guidelines precisely, your co-parent can still object to the relocation and petition the court to modify custody. At that point, a judge must determine whether the move is in your children’s best interests. Consulting a family law firm in Georgia can help navigate these complexities and ensure your relocation complies with all legal requirements.
Factors Courts Consider in Relocation Cases
So what exactly goes into that “best interests of the child” determination? Georgia judges weigh a variety of factors, such as:
- The reason for the proposed relocation
- The distance and difficulty of travel between the two homes
- The relationship between the child and each parent
- The impact the move would have on the child’s emotional, physical, and educational needs
- Each parent’s willingness to encourage a close and continuing bond between the child and their other parent
- Any history of domestic violence or substance abuse
Building a persuasive case requires presenting a mountain of evidence, from school records and health reports to testimony from psychologists or teachers. A skilled family lawyer can help you compile the documentation to show the court how this move will benefit your children.
Negotiating a Long-Distance Parenting Plan
If the court grants permission for the move, you must devise a new parenting plan that accommodates the increased distance. Long-distance schedules often involve longer periods with each parent, such as alternating school breaks or holidays, to minimize back-and-forth travel.
You’ll also need to figure out transportation logistics and costs. Will you meet halfway to exchange the kids? Will the relocating parent cover airfare? Hashing out these nitty-gritty details is crucial to avoiding co-parenting conflict.
As you draft your new plan, remember that in Georgia, that time be split to “assure a child’s continuing and meaningful contact with both parents” (O.C.G.A. § 19-9-3).
That doesn’t mean parenting time must be divided precisely 50/50, but both parents should have substantial, frequent time with their children. Creative solutions like virtual visitation – regular video chats or phone calls – can help fill the gaps between in-person visits.
Moving Out of State or Overseas
Are you planning to cross state lines or move abroad? Be prepared for even greater scrutiny from the court. Judges often hesitate to approve moves that dramatically reduce a child’s time with one parent.
You’ll need to present a compelling argument for why this major upheaval is necessary and beneficial for your children. A solid job opportunity, remarriage, or being closer to extended family are a few of the reasons courts tend to find persuasive.
Ultimately, courts have broad discretion in deciding relocation disputes. There are no fixed, straightforward answers. Every case depends on its unique facts and circumstances. The most foolproof strategy is to compromise with your co-parent outside of court. Avoiding a contentious court battle will always be easier on you, your ex, and most importantly, your kids.
Contact Atlanta Child Custody Lawyers at Hobson & Hobson Today
If you’ve exhausted your good faith negotiation efforts and are still deadlocked, you need an aggressive advocate in your corner to convince the court that this move is the right step forward for your family. Look for a child custody attorney with proven experience handling complex custody relocation matters. Call Hobson & Hobson, and let us guide you into a brighter future.
With us on your team, your children’s well-being and parental rights will be fiercely protected at every step of the journey. Contact Hobson & Hobson today at (770) 284-6153 or fill out our confidential contact form to schedule a consultation.
Attorney Sarah Hobson at Hobson and Hobson, P.C. are powerful advocates for those who fight for better futures for those going through divorce and custody law matters.
