Georgia’s Law on Parental Relocation After Divorce

In the state of Georgia, the law surrounding parental relocation after divorce is designed to protect the best interests of the child while also acknowledging the rights of both parents. When a custodial parent wishes to relocate with a child, it can have significant implications on custody and visitation arrangements. Understanding these laws is crucial for parents navigating this complex situation.

According to Georgia law, if a custodial parent intends to relocate more than 50 miles away from their current residence, they are required to provide written notice to the non-custodial parent. This notice must be given at least 30 days prior to the move. The notification should include the proposed new address, the reason for the relocation, and a proposed visitation schedule.

If the non-custodial parent disagrees with the relocation, they have the right to file an objection in court. The court will then review the case and consider several factors to determine whether the move is in the child's best interest. Some of the factors include:

• The purpose of the relocation
• The potential impact on the child's relationship with the non-custodial parent
• The age and needs of the child
• The child's preference, depending on their age
• The impact of the move on the child's education
• Any other relevant considerations

The burden of proof lies with the custodial parent, who must demonstrate that the relocation is justified and will serve the child's best interests. If the court ultimately finds in favor of the custodial parent, new custody and visitation arrangements may be established to accommodate the change.

Additionally, if the relocation has already taken place without proper notification or court approval, the non-custodial parent may request a modification of custody or visitation rights. This can lead to a complicated legal process, emphasizing the importance of adhering to legal procedures during a relocation.

Georgia courts tend to favor maintaining the child’s relationship with both parents. Therefore, any relocation plan should consider how to preserve that bond through reasonable visitation schedules. This might include extended visits during holidays or school breaks, and virtual communication options to stay connected despite the distance.

In conclusion, navigating parental relocation laws in Georgia requires careful consideration of legal obligations and the child’s best interests. Parents are encouraged to communicate openly about potential relocations, seek mediation if disagreements arise, and, when necessary, consult with an experienced family law attorney. Ensuring informed decisions can help in maintaining a positive co-parenting relationship and prioritizing the child's well-being during and after the relocation process.