In our society where people tend to move several times during their lifetime, it is not uncommon for parents to want to relocate after a divorce. The relocation of children after a Georgia divorce can be a hotly contested issue. If a custodial parent is permitted to relocate with their children, the non-custodial parent may not be able to see their children as often. On the other hand, if a custodial parent is prohibited from relocating with their children, they may be missing out on a better job opportunity or the ability to be closer to other family members.
Issues regarding the relocation of children after a divorce usually come before a court in the form of a change of custody action. In the 2003 Georgia Supreme Court case of Bodne v. Bodne, the court stated that a custodial parent who decides to relocate does not have a prima facie right to retain custody. 277 Ga. 445 (2003). On the other hand, there is also no presumption that the relocating parent will lose custody. Rather, the court, as always, is guided primarily by the standard of what is in “the best interest of the child.”
Ideally, if one party to a divorce wants to move, the parents will be able to come together to reach an agreement they can both live with. This can help minimize resentment and hostility. If the parties leave it up to the court to decide the child custody issue, the court will make the determination on a case by case basis focusing on a number of important factors including but not limited to the child’s relationship with the non-custodial parent, the child’s ties to the community, the child’s age, the parent’s reason for relocating and anything else the court finds relevant.
In sum, when determining whether or not a parent will be permitted to relocate with their child after a divorce, the ultimate standard will be what the court finds to be “in the best interest of the children.” With so many variables involved in this determination, we highly recommend you speak with one of our experienced Atlanta divorce lawyers to help make sure that your rights, and the rights of your children, are well-protected during your relocation proceeding.
Tags: GA Child Custody
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When the court decides a child custody issue when a parent wants to move, is it an all or nothing? Or do they try and make compromises? For example, my ex-husband is moving out to California with the kids. I won’t be able to see them regularly when he moves. Would a court decide that he keeps or loses custody? Or would the court get more detailed and give a new decree saying the children have to spend the school year in California and summers in Georgia?
Custody of children after the divorce is really a big issue.
To divorced georgia peach:
I don’t know what the law says, but I do know that the situation you think of can happen. When I was growing up, my best friend spent the school year with his mother in Florida and summers with his father in Virginia. Every third year, he spent the full year with his father in Virginia. It could have been a mutual agreement, or ordered by the judge as part of the divorce decree. I’m not really sure which it was. Also, it was a Florida divorce, not a Georgia one. Still the possibility could be there to get what you suggested.
At some point I think a child should have a say in their relocation.
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