Relocating with a child after divorce or separation is a complex legal matter in Georgia. Understanding the legal requirements and recent developments in Georgia child custody move laws is essential for parents considering a move — whether across town or out of state. At Hobson & Hobson, P.C., we leverage over 30 years of combined experience and advanced technology to guide families through these challenging transitions with clarity, empathy, and strategic advocacy.
Understanding Georgia Child Custody Move Laws
Georgia law places a strong emphasis on the best interests of the child when a parent seeks to relocate. The legal landscape has evolved in recent years, making it more challenging for custodial parents to move without court scrutiny. Here’s what you need to know:
Notice Requirements
Under Georgia law, any parent planning to move with a child must provide at least 30 days’ written notice to the other parent and anyone with court-ordered visitation rights, such as grandparents. This notice must include the new address and intended move date. Failing to provide proper notice can have serious legal consequences, including potential modification of custody arrangements.
- For more details, see the Georgia Code § 19-9-3.
What Qualifies as “Relocation”?
A move is considered a “relocation” if it would significantly hinder the non-custodial parent’s ability to exercise their custodial rights or visitation. Local moves that do not disrupt the existing parenting plan may not trigger these requirements, but it’s always best to consult your custody order and seek legal advice.
Court Approval and Objections
If the non-relocating parent objects to the move, they can file a petition to modify custody or parenting time. The court will then determine whether the relocation is in the child’s best interest. A move cannot proceed if the court issues a temporary order delaying relocation while the case is pending.
Recent Changes in Georgia Child Custody Move Laws
A pivotal 2021 Georgia court ruling shifted the landscape for relocation cases. Previously, courts often favored the custodial parent’s right to move. Now, judges are more likely to re-evaluate custody arrangements and may even transfer primary custody to the non-relocating parent if the move is not in the child’s best interest. This change underscores the importance of careful planning and legal guidance.
- For a summary of recent legal changes, visit FindLaw’s Georgia Child Custody Relocation Overview.
How Georgia Courts Decide on Relocation
When relocation is contested, Georgia courts consider a range of factors to determine what serves the child’s best interests:
- Reason for the move: Is it for a job, family support, or another compelling reason?
- Impact on the child’s stability: Will the move disrupt schooling, friendships, or community ties?
- Relationship with both parents: How will the move affect the child’s bond with the non-relocating parent?
- Distance and visitation: Can the existing parenting plan be maintained, or will it require significant changes?
- Child’s preference: Children aged 11 and older can express their wishes; at 14, they may choose which parent to live with, subject to court approval.
- Relationships with siblings and extended family: The court considers the broader support network.
If the court finds the move is not in the child’s best interest, it may deny the request or modify custody — potentially awarding primary custody to the parent remaining in Georgia.
- For more on how courts assess the best interests of the child, see Georgia Legal Aid’s Child Custody Guide.
Mediation and Court Procedures
Georgia courts often require mediation before a relocation dispute proceeds to a hearing. Mediation provides a neutral setting for parents to negotiate and potentially reach an agreement, saving time and reducing conflict. If mediation fails, a judge will hold a hearing and issue a ruling based on the evidence and the child’s best interests.
During this process, courts can issue temporary orders to maintain stability for the child, preventing either parent from making unilateral decisions about relocation.
- Learn more about mediation in Georgia at Georgia Office of Dispute Resolution.
Unique Insights and Professional Tips
1. Review Your Custody Order: Some custody orders contain specific provisions about relocation. Always review your existing order and consult with an attorney before making plans.
2. Communicate Early and Clearly: Provide notice as soon as possible and keep detailed records of all communications. Transparency helps build trust and can prevent unnecessary disputes.
3. Document Your Reasons: Be prepared to explain and document why the move is necessary and how it will benefit your child. Courts are more receptive to moves that clearly serve the child’s interests.
4. Consider Mediation: Attempt to resolve disagreements through mediation before resorting to litigation. This approach is often less stressful for children and parents alike.
5. Seek Legal Guidance: Relocation cases are complex and the law is evolving. Our team at Hobson & Hobson, P.C. provides experienced, client-focused counsel to help you navigate every step.
6. Special Considerations for Military Families: Military parents face unique challenges regarding deployment and temporary custody changes. Georgia law provides special rules to protect the rights of service members.
Risks and Recent Trends
Since the 2021 court ruling, custodial parents face a real risk of losing primary custody if the court determines the move is not in the child’s best interest. Courts are increasingly cautious about approving relocations that could disrupt the child’s relationship with the non-relocating parent. Temporary orders can delay a move until the court makes a final decision, so parents should not assume they can relocate immediately after giving notice.
Why Choose Hobson & Hobson, P.C.?
Our firm stands out for our combination of experience, innovation, and client-centric service. With five convenient office locations across Atlanta, Canton, Marietta, Alpharetta, Milton, and Roswell, we offer:
- Over 30 years of combined experience in divorce and custody cases
- Special litigation training for efficient, effective outcomes
- A balanced approach — empathy when possible, aggressive advocacy when necessary
- Advanced technology for seamless case management and communication
- Transparent, supportive guidance through every stage of your case
We understand that relocation decisions are deeply personal and often urgent. Our attorneys work closely with you to protect your parental rights, finances, and — most importantly — your child’s well-being.
Frequently Asked Questions
What is the first step if I want to move with my child in Georgia?
You must provide at least 30 days’ written notice to the other parent and anyone with visitation rights, including your new address and intended move date.
Can I move immediately after giving notice?
No. If the other parent objects, they can file a petition to modify custody. The court may issue a temporary order preventing the move until a final decision is made.
What happens if I move without court approval?
Moving without proper notice or court approval can result in legal penalties, including loss of custody or contempt of court.
How does the court decide if I can move?
The court evaluates the best interests of the child, considering factors like the reason for the move, impact on the child’s stability, and the child’s relationship with both parents.
Can my child choose which parent to live with?
Children aged 11 and older can express their wishes to the court. At 14, they may elect which parent to live with, but the court must still approve the decision.
What if I am in the military?
Special rules apply for military families, particularly regarding deployment and temporary custody changes. Consult an attorney for guidance.
Additional Resources
- Georgia Department of Human Services: Child Support Services
- Georgia Legal Aid: Child Custody
- Georgia Office of Dispute Resolution
- Hobson & Hobson, P.C. Family Law Services
If you are considering a move with your child or facing a relocation dispute, contact us at Hobson & Hobson, P.C. for a confidential consultation. We are committed to helping you make the best legal decisions for your family — today and for the future.
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.
