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Can a Parent Relocate With a Child After a Divorce in Atlanta?
After a divorce between a couple who shares children, the courts establish a parenting plan. The parenting plan is an agreed-upon guideline for visitation and custody schedules. Any changes to the parenting plan must also be agreed upon with the other parent and approved by a judge. So, while relocating with a child after divorce is possible, it may be difficult.
What Factors Does a Court Consider When a Child Relocates?
The main focus of family court is the best interests of the child. The court bases its decision to allow relocation on what is in the child’s best interests to determine if relocation is acceptable. Relocation may be essential for medical needs or employment. It may also bring one parent closer to the family. Ultimately, the court will determine if the reason for relocation is in the best interests of the child.
A court may use a wide range of factors to determine the acceptability of relocation, such as:
- The child’s relationship with the non-custodial parent
- The child’s ties to their school and community
- The child’s age and the impact of their age on their ability to process a move
- The reason for the custodial parent’s relocation
- The best interests of the whole family, including grandparents or other family members involved in the child’s life on a day-to-day basis
- Whether the relocation will create instability for the child
- The benefits of the move for the child
- The recommendations of the Guardian Ad Litem regarding relocation
- The alternative options available to meet the needs of the family
The Role of a Guardian ad Litem
A Guardian ad litem is a neutral, court-appointed third party who represents the child’s interests during court proceedings. The Guardian ad litem conducts a separate investigation to determine the child’s needs, desires, and well-being. The findings and recommendations they provide will significantly impact the court’s decision-making.
Is the Child’s Preference Relevant for Relocation?
Another factor considered when determining the acceptability of relocation is the preference of the child. While most states allow family court to consider preferences based on the maturity of the child, Georgia has specific laws stating:
- Children 14 years of age and older may choose which parent they choose to live with but may not switch parents more than every two years.
- The child’s choice counts as a change of circumstance that allows a judge to consider a modification request.
- The child’s wishes will prevail unless the judge finds a valid reason to indicate that the move would not be in the child’s best interests.
A judge may consider the wishes and educational needs of children between the ages of 11 and 14. Still, their preferences will not carry the weight or legal effect of those of older children.
How Does the Relocation Process Work?
If you are considering relocating with your child, several crucial steps must be taken before the actual move. Typically, a parent cannot move a child out of state without the other parent’s consent.
The first step in the relocation process is for the primary parent to notify the other parent of their intent to move at least 30 days before the move. This allows the other parent to decide whether to accept the relocation or pursue alternative measures.
If the other parent does not respond to the notice or does not agree with relocation, then the court will be required to intervene. Custodial parents will petition the court for a modification of the existing parenting plan.
A modification to a parenting plan may be obtained in several ways, such as:
- Working with the other parent toward a mutual agreement
- Providing a written notice of intentions to the court
- Obtaining a court order allowing the modification of the existing parenting plan
Regardless of the route chosen to change the agreement, a written notice of the modifications must be sent to:
- The court
- The non-custodial or joint custody-holding parent
- All parties with legally required visitation
This notice must be sent at least 30 days prior to relocating.
What Can Be Done to Contest Relocation?
As a non-custodial parent who receives a notice of intent to relocate, there are several options available to protect your rights and your relationship with your child.
When conversations with the other parent and mediation do not work, you may initiate a court order to stop the relocation.
An experienced lawyer at Washington Legal Group will be able to help you in the following ways:
- Petition the court to uphold the existing custody arrangement requiring that your child remains local to you.
- Petition the court to adjust the existing agreement to make you the primary custodial parent.
- Requesting for the court to make a decision on modifications to visitation or custody based on what the court believes to be in the best interests of the child.
What Happens if a Child Relocates With a Parent Without Notice?
When a custodial parent fails to give a 30-day notice of relocation and moves without approval from the other parent or court, it is considered a violation of the notice period requirement for the State of Georgia and of the existing custody agreement.
If this occurs, the noncustodial parent may file a petition requesting that the court compels the relocated parent to return the child to the state. The petition may also beseech the court to hold the parent in contempt of court for the unauthorized move.
Do You Need an Attorney?
If you are considering relocating with your child or your child’s parent is requesting relocation, you need legal advice on which you can depend. Here at Washington Legal Group, our focus is also the best interest of your child. We can help you retain your relationship with your child and preserve that bond. Call us today at 404-809-2394 or complete a contact form to schedule your free case evaluation.
