Experienced Advocacy In Parent Relocation Disputes
Sometimes moving on from divorce means literally relocating to another county or state. However, parents with sole or joint custody cannot simply move away with the children. The co-parent must be notified, and the court may revise the entire custody agreement.
Parent relocations are hotly contested and case-specific. You cannot afford to assume that you will prevail, whether you are the parent planning a move or the parent fighting to prevent it. Our Marietta family law attorneys can aggressively represent you in these high-stakes court proceedings.
Hill Macdonald, LLC, has successfully litigated parent relocation disputes in the family courts of Cobb County, Cherokee County and Fulton County. We can tell you where you stand and how to help your cause.
Move-Away Litigation And Custody Modifications
The court can’t stop an adult from moving, but it can rule that a child must stay. Typically, Georgia custody decrees require the relocating parent to give the other parent 30 days’ notice. If that parent objects, he or she can petition the court to re-evaluate the custody arrangements.
Because relocation is considered a change in circumstances, the court must reconsider whether it is in the best interests of the child. Will the parent provide a better standard of living? Will the child benefit from better schools or broader horizons? Is there a family network in the new location or will the child be isolated? The court also considers the child’s age, the parent’s reasons for moving and whether it will undermine the child’s relationship with the parent left behind.
If the court consents to moving out of state with a child, it will usually amend the terms of custody and visitation. For instance, the court can require the moving parent to subsidize travel costs or that the child spend summers in Georgia. Child support may also be adjusted.