Relocation of a Parent
When one parent decides to move, the non-moving parent is placed in
a difficult situation, since the decision to move will likely spur a dramatic
change in the child custody arrangement. Relocation is a common legal issue which
Georgia courts take seriously, and the unique facts in each case may result in a
number of different outcomes.
How Georgia Approaches Relocation in Child Custody Cases
Prior to 2003, Georgia law made it difficult for the non-moving
parent to challenge the relocation of a primary custodial parent. One parent
moving out of state did not previously fulfill the substantial change in
circumstance requirement in order to modify child custody.
However, in 2003, an important case shifted that standard. As a
result of that case, a parent's relocation can now be considered a substantial
change, allowing courts to revisit and modify child custody orders.
While some states may prefer a mother over a father in child
custody disputes, Georgia has no legal presumption favoring one parent over the
other. The court does not automatically assume that moving is bad for the
child, nor does it assume that a parent should be allowed to move with the
child. Instead, the court carefully considers the individual facts of each case
to make a determination.
What the Court Considers
When a parent seeks to relocate, the court is primarily concerned
with what arrangement would be in the best interest of the child. Georgia law
outlines 17 specific factors a judge will consider before making the
child custody determination.
It's important to note that only a judge, and not a jury, will make
a determination of child custody in Georgia. While a court cannot stop a parent
from relocating, the court does have the power to decide whether the child in its
jurisdiction will be permitted to move.
Practical Steps for Both Parents
If you are the relocating parent, it is important to abide by any notice
requirements you have been court ordered to follow. Failing to give proper
notice to the other parent could hurt your case. It is best to be proactive by proposing a
detailed parenting plan which ensures the non-moving parent can continue to have
significant parenting time, such as offering extended visitation in the summer,
school breaks, and long weekends.
If you are the non-moving parent, it is important to act quickly
after receiving notice of the other parent's move. The court may interpret your
silence as consent if you do not promptly file an objection to the other parent's
intended move. Remember to remain respectful and present yourself in a calm,
cooperative, and child-focused manner. Judges take note of parents who are
reasonable and who keep the child's needs at the forefront.
At Meriwether & Tharp, we understand that relocation cases in
Georgia are complex and personal. While
there is no one-size-fits-all answer, the court will consider the unique facts of the case order to make a decision on what would be in the best interests of
the child.
Whether you are the parent who is moving or staying, your actions
during this time matter. Showing respect and committing to your child's
wellbeing can go a long way toward achieving the best possible outcome.