Navigating a change in custody due to relocation in Georgia demands a clear understanding of state law, meticulous preparation, and a child-centered approach. At Hobson & Hobson, P.C., we leverage over 30 years of combined experience and innovative legal solutions to guide families through this complex process with confidence and care.

Understanding Georgia’s Custody and Relocation Laws

Georgia law recognizes that a parent’s relocation can significantly impact existing custody arrangements. Whether you are seeking to move or responding to a proposed move, it’s essential to understand the legal landscape:

Notice Requirement: Georgia mandates that the relocating parent provide the other parent with at least 30 days’ written notice before moving. This applies to moves both within and outside the state if the relocation would substantially hinder the other parent’s visitation rights.
Court Approval: If the non-relocating parent objects, the relocating parent must seek court approval before moving. Relocating without proper approval can result in contempt of court and potential loss of custody.
Definition of Relocation: Not all moves qualify as “relocation.” The law focuses on moves that would “greatly hinder” the non-custodial parent’s ability to maintain their relationship with the child.

For more on Georgia’s custody statutes, visit the Georgia Code Title 19.

The Filing Process: Step-by-Step

Filing for a change in custody due to relocation in Georgia involves several critical steps:

1. Provide Written Notice

The relocating parent must deliver a written notice to the other parent at least 30 days before the intended move. This notice should include the new address and the reason for relocation.

2. File a Petition to Modify Custody

If the non-relocating parent objects, the next step is to file a Petition for Modification of Child Custody in the county where the original custody order was issued. This petition should:

Clearly state the reasons for the move (e.g., job opportunity, family support)
Propose a revised custody and visitation arrangement
Include a detailed parenting plan and a notice of relocation

Forms are available through your local Superior Court or its website. For guidance, see the Georgia Superior Courts Directory.

3. Mediation

Georgia courts often require mediation before proceeding to a hearing. Mediation provides an opportunity to resolve disputes amicably and develop a mutually agreeable parenting plan.

4. Court Hearing

If mediation does not result in an agreement, the court will schedule a hearing. The judge will evaluate whether the proposed relocation and custody modification serve the child’s best interests.

5. Court Decision

The court’s decision will be based on a comprehensive review of the facts, with the child’s welfare as the paramount concern.

What Georgia Courts Consider in Relocation Cases

The central question in any relocation case is: Is the move in the child’s best interests? Georgia courts weigh several factors, including:

Reason for the Move: Is the relocation motivated by a legitimate need, such as a job transfer or family support?
Impact on the Child’s Stability: Will the move disrupt the child’s education, social life, or sense of security?
Relationship with Both Parents: How will the move affect the child’s ability to maintain a meaningful relationship with the non-relocating parent?
Distance and Visitation: Can a realistic and consistent visitation schedule be maintained?
Child’s Preference: Children aged 11 or older may express a preference; at 14, their choice is given significant weight, subject to the court’s approval.
Extended Family and Siblings: The court considers the child’s relationships with siblings and extended family.

A pivotal 2021 Georgia court ruling has made it more challenging for custodial parents to relocate, with courts more willing to transfer primary custody to the non-relocating parent if the move is not in the child’s best interests.

Unique Challenges in Relocation Custody Cases

Relocation cases in Georgia present distinct challenges:

Risk of Losing Primary Custody: Courts are increasingly open to modifying custody in favor of the parent who remains in Georgia if the move is not clearly beneficial for the child.
Burden of Proof: The relocating parent must demonstrate that the move will not harm the child’s relationship with the other parent and is necessary for the child’s welfare.
Strict Compliance: Failing to provide proper notice or obtain court approval can result in legal penalties and jeopardize your custody rights.

Professional Tips for a Successful Filing

Drawing on our extensive experience, we recommend the following best practices:

Consult a Family Law Attorney: An experienced attorney can help you navigate the complexities of Georgia custody law, ensure compliance with all requirements, and advocate for your interests.
Document Everything: Keep detailed records of all communications regarding the move and your child’s needs.
Prepare a Comprehensive Parenting Plan: Propose realistic visitation schedules and methods for maintaining the child’s relationship with the non-relocating parent, such as virtual visits.
Stay Child-Focused: Frame your case around the child’s needs and well-being, not just your own preferences.

As family law experts emphasize, “It is important to have an experienced family law attorney in your corner, especially in matters of child custody and visitation rights.”

Leveraging Technology for Seamless Solutions

At Hobson & Hobson, we are committed to innovative, technology-driven legal solutions that enhance the client experience:

Virtual Visitation: Courts may order or encourage video calls and digital communication to maintain parent-child relationships across distances.
Online Mediation: We offer virtual mediation sessions, making it easier for parents to resolve disputes without the need for in-person meetings.
E-Filing and Remote Hearings: Georgia courts increasingly allow electronic filing of documents and remote participation in hearings, streamlining the process for relocating parents.

For more on how technology is transforming family law, see National Center for State Courts.

Summary Table: Georgia Relocation Custody Process

Step	Requirement/Consideration
Notice	30 days’ written notice to the other parent
Objection	Non-relocating parent may challenge the move
Mediation	Often required before a court hearing
Court Hearing	Judge decides based on the child’s best interests
Child’s Preference	Considered at age 11+; binding at 14+ (with court approval)
Risk	Possible loss of primary custody if move not in child’s best interests

Frequently Asked Questions

What qualifies as a “relocation” under Georgia law?

A relocation is any move that would significantly hinder the non-custodial parent’s ability to exercise visitation. Not all moves qualify — minor moves within the same area typically do not.

What happens if I relocate without court approval?

Relocating without court approval can result in being held in contempt of court, modification of custody in favor of the non-relocating parent, and other legal penalties.

How does the court decide if a move is in the child’s best interests?

The court considers the reason for the move, its impact on the child’s stability, the child’s relationship with both parents, and the feasibility of maintaining visitation, among other factors.

Can my child choose which parent to live with?

Children aged 11 or older may express a preference, and at 14, their choice is given significant weight, though the court has the final say.

How can technology help maintain parent-child relationships after relocation?

Virtual visitation, video calls, and other digital tools can help maintain strong parent-child bonds across distances. Courts may include these options in parenting plans.

Why Choose Hobson & Hobson for Your Custody Relocation Case?

At Hobson & Hobson, P.C., we combine deep legal expertise, innovative technology, and a client-centric approach to deliver efficient, effective outcomes. Our attorneys are specially trained in litigation and mediation, ensuring that your parental rights and your child’s best interests are protected at every step. With five convenient office locations across Atlanta, Canton, Marietta, Alpharetta, Milton, and Roswell, we are here to support you during life’s most challenging transitions.

Ready to discuss your case? Schedule a consultation with us at thehobsonlawfirm.com.

References & Further Reading:

For more information about our services and approach, visit thehobsonlawfirm.com.

Andrew White

How to File for a Change in Custody Due to Relocation