When a parent seeks to relocate with a child after divorce or separation, the stakes are high for everyone involved. At Hobson & Hobson, P.C., we understand that a proposed move can profoundly impact both the child and the non-relocating parent. If you are considering objecting to a child custody move, understanding the legal grounds and the process in Georgia is essential to protect your parental rights and your child’s best interests.
Understanding Child Custody Relocation in Georgia
Georgia law is clear: the best interests of the child are the guiding principle in any custody decision, including relocation cases. If a parent’s move would significantly hinder the other parent’s ability to maintain a meaningful relationship with the child, the relocating parent must provide written notice at least 30 days in advance. The non-relocating parent then has the right to object, triggering a court review.
What Constitutes a “Relocation”?
A move is considered a “relocation” if it would greatly hinder the non-custodial parent’s visitation rights — not simply because of distance, but due to the practical impact on the parent-child relationship. For example, moving from Marietta to Alpharetta may not be considered a relocation, but moving from Atlanta to another state likely would be.
Legal Grounds for Objecting to a Child Custody Move
When a parent objects to a proposed move, Georgia courts carefully evaluate several factors to determine whether the relocation serves the child’s best interests. Here are the primary grounds for objecting:
1. Disruption of the Child’s Stability
Courts are reluctant to approve moves that would disrupt a child’s established routine, including their school, community, and support network. If the move would uproot the child from a stable environment, this is a strong ground for objection.
2. Damage to the Parent-Child Relationship
If the relocation would significantly damage the child’s relationship with the non-moving parent, courts may deny the move. Judges look at the feasibility of maintaining regular, meaningful contact — especially if the current visitation schedule would become unworkable or excessively burdensome.
3. Motive for the Move
The court scrutinizes the reason for the move. If the relocating parent cannot demonstrate a legitimate purpose — such as a job opportunity or family support — or if the move appears intended to frustrate the other parent’s visitation rights, the court may side with the objecting parent.
4. Child’s Preference
In Georgia, children aged 11 or older may express a preference regarding which parent they wish to live with. While not determinative, the child’s wishes are considered, especially if the move would separate them from friends, extended family, or established activities.
5. Impact on Visitation
If the move would make the current visitation schedule unworkable or excessively difficult, this is a compelling ground for objection. Courts may modify custody or visitation arrangements to ensure the child maintains strong relationships with both parents.
Recent Legal Developments in Georgia
A pivotal 2021 Georgia appellate decision shifted the landscape for custody relocation cases. Courts now reevaluate custody arrangements more rigorously and may even transfer primary custody to the non-relocating parent if the move is not in the child’s best interests. This means that even if a parent has primary custody, they are not automatically favored in relocation disputes.
“Relocation cases are among the most contentious in family law. Courts look closely at the real-life impact on the child, not just the parents’ wishes.” — Marietta-based family law expert
The Legal Process: Objecting to a Child Custody Move
Step 1: Written Notice
The relocating parent must provide written notice of the intended move at least 30 days in advance. This requirement is mandated by Georgia law and applies to moves both within and outside the state.
Step 2: Filing an Objection
If you wish to object, it is crucial to respond promptly and in writing. Failure to do so may limit your legal options.
Step 3: Court Hearing
If an objection is filed, the court will schedule a hearing to determine whether the move is in the child’s best interests. Both parents will have the opportunity to present evidence and arguments.
Step 4: Court Decision
The judge will consider all relevant factors, including the child’s stability, the impact on relationships, the reason for the move, and the child’s preference. The court may approve the move, deny it, or modify custody and visitation arrangements.
Key Factors Georgia Courts Consider
Factor | Court Consideration |
|---|---|
Reason for Move | Job, family support, remarriage, etc. |
Child’s Stability | School, community, continuity |
Relationship with Both Parents | Impact on visitation and emotional bonds |
Distance/Visitation Impact | Feasibility of maintaining regular contact |
Child’s Preference | Considered if child is 11 or older |
Motive for Move | Good faith vs. intent to frustrate visitation |
Professional Advice for Parents
- Seek legal counsel early. Relocation cases are complex and highly fact-specific. Our attorneys at Hobson & Hobson, P.C. have the expertise to guide you through the process.
- Document everything. Keep records of your involvement in your child’s life, the impact of the proposed move, and any communications with the other parent.
- Consider mediation. Many relocation disputes can be resolved amicably through mediation, saving time, money, and emotional strain.
- Be prepared for court. If litigation is necessary, be ready to present clear evidence of how the move would affect your child’s well-being.
Recent Trends and Statistics
Family law firms across Georgia report a rise in relocation disputes post-pandemic, as remote work and family changes prompt more parents to consider moving. The 2021 legal shift has led to more contested hearings and a higher bar for custodial parents seeking to relocate.
For more on Georgia’s relocation laws, see the Georgia Code § 19-9-3 and the Georgia Legal Aid guide.
FAQ: Objecting to a Child Custody Move in Georgia
What if the relocating parent moves without notice?
If a parent moves without providing the required written notice, they may be held in contempt of court. The court can order the child’s return and may modify custody arrangements.
Can the court change custody if I object to the move?
Yes. Georgia courts may reconsider custody if the move is not in the child’s best interests. In some cases, primary custody may be transferred to the non-relocating parent.
What evidence should I gather to support my objection?
Collect documentation showing how the move would disrupt your child’s schooling, social life, and relationship with you. Letters from teachers, counselors, or family members can be helpful.
Is my child’s preference considered?
Children aged 11 or older can express a preference, which the court will consider, though it is not the sole deciding factor.
Should I try mediation before going to court?
Absolutely. Mediation can help parents find common ground and craft a solution that works for everyone, often avoiding the stress and expense of litigation.
Why Choose Hobson & Hobson, P.C.?
With over 30 years of combined experience in divorce and custody cases, our team at Hobson & Hobson, P.C. is uniquely equipped to handle complex relocation disputes. We combine special litigation training with a client-centric approach, leveraging advanced technology for efficient, effective outcomes. Our attorneys are committed to protecting your parental rights and your child’s future — whether through amicable resolution or aggressive advocacy in court.
We serve clients throughout Atlanta, Canton, Marietta, Alpharetta, Milton, Roswell, and Duluth, offering five convenient office locations and initial consultations to discuss your case.
For more information or to schedule a consultation, visit Hobson & Hobson, P.C..
Further Reading:
- Georgia Code § 19-9-3
- Georgia Legal Aid: Child Custody and Visitation
- Georgia Courts: Family Law Guidelines
- National Parents Organization: Child Custody Relocation
If you are facing a potential child custody move — whether you wish to relocate or object — contact us today to ensure your rights and your child’s best interests are fully protected.
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.
